Post Office/Bank of Ireland. credit card - CCJ & Restriction sold to cabot - reduced settlement?

[vint1954]

They can't have it both days. It was either served on the 30th October or the 3rd November.

 

They may be trying to muddy the waters by saying it was served ukmail or TNT first class, 3 days, but there is no such thing. If it is not RM 1st class, then it is second class. Additionally, if they do use the Pony Express or another provider apart from RM, then I would say that you get it when you get it. If that happens to be 2 weeks later, then so be it.

 

I make it 17th.

[bradfordlad]

Cheers Vint - thats helped.

 

Now - the Stay expired at the end of May, we received the Stay Order for Settlement from the court saying that by the end of this week, the Court wanted either:

 

1. claimant to notify if claim had been settled

 

2. claimant or defendant to write to court to request extension of stay. If this is the case, they want to know what steps are being taken towards settlement.

 

3. all parties to file an AQ.

 

I'm going to drop a letter into court as per point 2 above, to give BoI time to get back to their solicitors.

 

I sent the letter as per post #143 to the solicitors, and got their reply last week "thanks for your letter, we're waiting for our clients instructions."

 

Obviously I'm bothered about the deadline of tomorrow for point number 2 above, so I rang the court today. I wanted to know what happens if none of the 3 points in the order are acted upon, i.e. what if there is no communication from claimaint or defendant.

 

The guy at court was very helpful, and did say that the claimants have not been in touch - he also said why not apply for the claim to be struck out if they're not replying to my letters?

 

So - am I able to write to the court as per point 2 in the Stay Order, requesting a further extension to the stay, but at the same time request that the court consider striking out the claim as neither I nor the court have received the required communication - OR - can i write simply asking that as I haven't heard anything, that the claim be struck out.

 

Also, what format should the letter be in? Could it be a normal "Dear Sir" letter, or does it have to be all "court-ified"?!! as in, "It is respectfully requested that..." (I am getting the hang of this game!)

 

Hope someone can help soon, as I'll now need to drop the letter into court personally tomorrow, so want it to be right.

 

Cheers

 

BL

Edited June 10, 2010 by bradfordlad

[MARTIN3030]

If the Court have suggested asking for a strike out,then for me that would be good enough.

 

Address the letter to the Court Manager.

 

 

Address

 

 

Claim No xxxxxx - xxxxxx To The Court Manager xxxxxxxxx County Court

 

 

Dear Sir/Madam,

 

 

I am the claimant/defendant in the above case and respectfully ask that this letter be put before a District Judge/Deputy District Judge at the earliest opportunity.

 

The claimant/defendant requests that consideration be given to striking out xxxxxxxxx under CPR xxxxxxxx.

 

The request being made in consideration of add reasons

 

 

The claimant/defendant understands that this is at the discretion of the court.

 

 

Yours Faithfully

 

 

xxxxxx

 

 

 

STATEMENT OF TRUTH

 

I xxxxxx will say that the above facts are true

 

 

Signed claimant/defendant

 

 

Date

 

 

I am going to Bratfoot actually on Friday-Foster retail park !!

[bradfordlad]

Thanks Martin, I agree that their suggestion is a good one, but I still think I ought to write to the court as per the Order from the DJ -don't want to fall foul for a simple error. I think I'll incorporate your wording into my letter.

 

I hope your visit is for something very specific?

 

Foster Square Retail Park is just like any other -TK Maxx, Next, Asda Living, Currys, Boots etc etc...

 

Thanks for your help,

 

BL

[MARTIN3030]

Sorry yes I didnt mean ignore YOUR OWN subs.

 

Going to pick up ebay item-he couldnt guarantee delivery before Sat-so am collecting in person-its a lamp for a big screen projector-so need for first England game in WC.

[bradfordlad]

Nice!!

[citizenB]

They can't have it both days. It was either served on the 30th October or the 3rd November.

 

They may be trying to muddy the waters by saying it was served ukmail or TNT first class, 3 days, but there is no such thing. If it is not RM 1st class, then it is second class. Additionally, if they do use the Pony Express or another provider apart from RM, then I would say that you get it when you get it. If that happens to be 2 weeks later, then so be it.

 

I make it 17th.

 

Just to add to vints post above in respect of TNT or UK Mail. Their "1st class" mail takes 3 days. You also have to add a further day for "final day delivery" by the Royal Mail.

 

Remember UK Mail and TNT collect from their clients, bulk mail. Depending on whether it is already sorted or requires sorting is the class of mail they have paid for. The mail once sorted into areas is then dumped on Royal Mail sorting offices for THEM to deliver.

 

Business economy apparently takes 3 days + 1

[Guest dvdriley]

Thought you might be interested. I have same dn problem with a credit card. UK mAIL handles post for most of these companies. i now have a statement from UK Mail confirming when dn was collected and earliest it would have been delivered, try using this method

[bradfordlad]

UPDATE!!! Further to my letter to the Court in June as above, I've heard nothing.... I rang a week ago, and was told they've never received it - I handed it in in person!!!

 

So, been thinking whether to write again, or do I just let sleeping dogs lie....

 

Today I've received a Notice of Hearing from the Courtfor a Directions Hearing near the end of August!!!!

 

HELP!!

 

Firstly, what exactly IS a Directions Hearing?

 

Secondly, we're away on holiday that week, so we can't attend! Are we allowed to rearrange?

 

Any help (possibly urgent!) greatly appreciated...

 

BL

[AndyOrch]

Hi BL

 

Directions given in small claims cases ensure that the final court hearing is as effective as possible. The small claims procedure is flexible so that judges can tailor the directions given to each claim and the parties involved. Amongst other things a judge may direct:

• That a particular document be produced;
  
• That expert evidence will be allowed;
  
• How any video evidence will be used;
  
• That the final hearing will take place at a venue other than the court;
  
• That a party’s case will be struck out if they fail to comply with a direction already given.
  

By actively managing cases up to the date of the court hearing judges aim to prevent any unnecessary adjournments or last minute surprises. Parties should take care to ensure that they have read and understood all directions given by the court.

 

You should notify the Court that you are unavailable to attend and the reason.Its not major that you do attend but did you notify the Court in your AQ of your impending holiday and the dates you would not be available?

 

Regards

 

Andy

[bradfordlad]

Hi Andy, thanks for the quick reply.

 

We didn't notify the court about the holiday as it was only recently booked by my folks taking us away for a bit of a break (aren't parents great?!)

 

So are you saying we don't HAVE to be there? Obviously I will write to the court & explain, but would it be a good idea to include a Draft Order of Directions?

 

Cheers

[AndyOrch]

 

So are you saying we don't HAVE to be there? Obviously I will write to the court & explain, but would it be a good idea to include a Draft Order of Directions?

 

Cheers

 

Its only a Directions hearing,obviously would be advantageous to attend but not a necessity.This is an hearing of how to direct the claim and possably allocate track(if not already done so)Check your notice from the Court if it stipulates your attendance. Its not about your proposed directions.

 

Regards

 

Andy:wink:

[bradfordlad]

Thanks - the exact wording is:

 

TAKE NOTICE that a Directions Hearing will take place on

 

xx August at 2:00 PM

 

at Bradford County Court, etc etc....

 

When you should attend

 

20 MINUTES has been allowed for the Hearing

 

Please note: This case may be released to another Judge, possibly at a different Court.

 

 

So it does say "when you should attend" - I think I ought to ring them to discuss it.

[AndyOrch]

That would be advisable BL

[bradfordlad]

Court say I can re-arrange or just write - they would never suggest someone doesn't attend a hearing.

 

Here's my letter to the Court - do you think it'll be ok?

 

 

I am now in receipt of the Notice of Hearing, regarding the Directions Hearing on xxth August 2010.

Unfortunately, I am unable to attend the hearing due to a family holiday (this was not booked at the time the Allocation Questionnaire was returned).

Ordinarily I would ask that the hearing date be changed, but given the amount of time the Claimant is taking with the case I feel it would be best to draw the matter to a close.

It appears that my letter to the Court (hand delivered) has not been attached to the case file, so I have enclosed a copy for the Courts benefit.

As a further update, I have today received a letter from the Claimants solicitor (dated 29th July) to say that they had anticipated that they would have received further instructions from their client on an earlier date. For some reason, this has not proved possible, and at this stage they wish to acknowledge my letter to them and that they hope to be in a position to revert shortly.

This is in response to my letter to them on 10th May!

I would again respectfully request that the Court consider striking out the Claimants claim – it is becoming increasingly clear to me that the Claimant’s continuation of the claim, in spite of all the evidence, could be considered vexatious and an abuse of the Court process, as noted by His Honour Judge Langan QC (Bank of Scotland Vs Robert Mitchell 2009).

 

"The only realistic view of what has happened is that the bank has surrendered on a straightforward point of law, to which it has on several occasions been alerted by the defendant or his solicitors. A large commercial enterprise which proceeds with litigation in the face of warning signs of the kind which were erected here, adopts a high risk strategy."

 

“You have repeatedly made them aware of the problem with the Default Notice and the fact that they have provided a reconstructed Default Notice for the purpose of these proceedings, but still they have gone ahead”.

I would also like to draw the Courts attention to the reconstructed Default Notice sent by the Claimants solicitor to the Court and myself with the Allocation Questionnaire.

The Court will see that there are several very clear errors and omissions on the “Notice” which would further render the Notice invalid under the requirements of the Consumer Credit Act 1974.

I hope the Court does not object to my letter - as a Litigant in Person it is difficult to know the correct procedures and to be able to make sense of the Legal system.

On the other hand, I do know that a Creditor has as much of a responsibility as a customer to abide by the rules and regulations of Consumer Credit Law – and if they cannot conduct themselves properly, with all their financial might, then they should accept the consequences that will surely follow.

Again, my apologies for not being able to attend the Hearing in person.

 

 

Any thoughts before I post it?

 

BL

[bradfordlad]

Court say I can re-arrange or just write - they would never suggest someone doesn't attend a hearing.

 

Here's my letter to the Court - do you think it'll be ok?

 

 

I am now in receipt of the Notice of Hearing, regarding the Directions Hearing on xxth August 2010.

Unfortunately, I am unable to attend the hearing due to a family holiday (this was not booked at the time the Allocation Questionnaire was returned).

Ordinarily I would ask that the hearing date be changed, but given the amount of time the Claimant is taking with the case I feel it would be best to draw the matter to a close.

It appears that my letter to the Court (hand delivered) has not been attached to the case file, so I have enclosed a copy for the Courts benefit.

As a further update, I have today received a letter from the Claimants solicitor (dated 29th July) to say that they had anticipated that they would have received further instructions from their client on an earlier date. For some reason, this has not proved possible, and at this stage they wish to acknowledge my letter to them and that they hope to be in a position to revert shortly.

This is in response to my letter to them on 10th May!

I would again respectfully request that the Court consider striking out the Claimants claim – it is becoming increasingly clear to me that the Claimant’s continuation of the claim, in spite of all the evidence, could be considered vexatious and an abuse of the Court process, as noted by His Honour Judge Langan QC (Bank of Scotland Vs Robert Mitchell 2009) - "The only realistic view of what has happened is that the bank has surrendered on a straightforward point of law, to which it has on several occasions been alerted by the defendant or his solicitors. A large commercial enterprise which proceeds with litigation in the face of warning signs of the kind which were erected here, adopts a high risk strategy."

“You have repeatedly made them aware of the problem with the Default Notice and the fact that they have provided a reconstructed Default Notice for the purpose of these proceedings, but still they have gone ahead”.

I would also like to draw the Courts attention to the reconstructed Default Notice sent by the Claimants solicitor to the Court and myself with the Allocation Questionnaire.

The Court will see that there are several very clear errors and omissions on the “Notice” which would further render the Notice invalid under the requirements of the Consumer Credit Act 1974.

I hope the Court does not object to my letter - as a Litigant in Person it is difficult to know the correct procedures and to be able to make sense of the Legal system.

On the other hand, I do know that a Creditor has as much of a responsibility as a customer to abide by the rules and regulations of Consumer Credit Law – and if they cannot conduct themselves properly, with all their financial might, then they should accept the consequences that will surely follow.

Again, my apologies for not being able to attend the Hearing in person.

 

 

Any thoughts before I post it?

 

BL

[AndyOrch]

Court say I can re-arrange or just write - they would never suggest someone doesn't attend a hearing. They say and dont do a lot of things

 

Here's my letter to the Court - do you think it'll be ok?

 

 

I am now in receipt of the Notice of Hearing, regarding the Directions Hearing on xxth August 2010.

 

Unfortunately, I am unable to attend the hearing due to a family holiday (this was not booked at the time the Allocation Questionnaire was returned).

 

I am informed by the Court that my recent letter to the Court dated XXXXXXXX (hand delivered) has not been attached to the case file, so I have enclosed a copy for the Courts benefit.

 

 

Yours sincerely

 

 

 

 

 

Any thoughts before I post it?

 

BL

 

 

Regards

 

Andy;)

[bradfordlad]

Sorry Andy - been a long week!! What do you mean?

[AndyOrch]

You stated the Court said they would never suggest somebody not attending an hearing I simply implied they say and dont do a lot of things,take your hand delivered letter for example and the amount of Claimants that never turn up.

 

You have informed the court you cant attend they have advised to write or rearrange.You cant do anymore.

 

 

With regards to your letter the above abridged version is what I would send,the reason for non attendance, dont try to include another defence it will be totally ignored.

 

 

Andy

[bradfordlad]

Ah - got you now....sorry for being a bit slow on the uptake

 

You can see it's been a long week when I didn't even notice you'd amended my letter!!

 

Oh dear, time for a sit down and a Stella !!

 

Thanks as ever for your help Andy - have a good weekend.

 

BL

[bradfordlad]

Well, following the HUGE delay from BoI and GPB solicitors in replying to my letters - we have a response! But hold on - have a read first.... Anyone care to translate?

 

To clarify - their first paragraph relates to an earlier statement that they would file & serve a witness statement regarding the method of postage (1st or 2nd class) if the matter was listed for hearing.

 

The second paragraph relates to my point to them that the "copy" of the DN they sent to Court with their Allocation Questionnaire was a really bad "cut & past" job - they'd left in someone elses name, they'd got some of the figures right & some wrong - very unclear as to what the situation was, and it did not resemble the original I received.

 

Any thoughts....

 

 

Cheers

 

BL

[ODC]

At first read GPB seem to be pedalling backwards at a rate of knots. Obviously you were not expected to contest anything they said or supplied

[bradfordlad]

At first read GPB seem to be pedalling backwards at a rate of knots. Obviously you were not expected to contest anything they said or supplied

 

My thoughts exactly! It's just that first paragraph, I had to read it 3 times and I'm still not sure I understand it - and I'm not exactly thick!

[AndyOrch]

I can only endorse ODC comment BL cornered and panic springs to mind;)

 

 

 

Regards

 

Andy

[bradfordlad]

hi again everyone,

 

Had another letter from the solicitors - basically requesting a copy of the original DN from me. They've worded it in such a way as to make it sound like " aren't you prepared to send us a copy?" When I can't see that they actually asked for one in the letter I posted above!

 

I suppose reading it again it could be the last couple of sentences...?

 

Anyway, do I send them a copy (they've requested is under the principles of CPR)? I COULD say I can't find it, but that'd be naughty cos I probably could if I got off my ar*e & looked for it.

 

I'm worried that if I send them the copy, they'll say "well ours was wrong but it doesn't matter because you had the original which was right so you knew what amounts we were asking for" etc etc.... Obviously it doesn't change the issue about it being invalid on dates though.

 

On that note, should I ask them to clarify the first paragraph of that above letter? I still don't know if they intend to file a witness statement from the Bank saying "we definitely posted it First Class" - if they do that, I'm stuffed aren't I?

 

Cheers

 

BL