General Form of Judgment or Order***WON***

[consort]

Hello all, I received the following from Medway County Court,

 

Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERD THAT

1) The claimant be permitted to amend his particular of claim to incorporate the schedules of charges and of claim for charges enclosed with his allocation questionaire without filing and serving an amended claim form.

 

2) There be stay for settlement until 31st decenber 2006 the defendanthaving made a request for such stay in its allocation questionaire. the defendants solicitors are to notifythe court by 4.00pm on 5th January 2007 whether the claim has been settled or not. If not defendant is to include in the notice, a copy of which shall be served on claimant, details of the steps it has taken to try and settle the matter and the issues which are still outstanding and why.

 

3) The file is to be shown to a District Judge on or after 8th January 2007 for further directions to be given, if possible without a hearing.

 

4) Leave to either party to apply by 4.00pm on 15th December 2006 to set aside stay or vary this order.

 

Dated 30 November 2006

 

I am shocked that I have managed to get this far and before I get to excited does this mean I have WON?? :-?

[GaryH]

I am shocked that I have managed to get this far and before I get to excited does this mean I have WON??

Not quite, there one thing you have to do first to satisfy part 1 of the order.

2) There be stay for settlement until 31st decenber 2006 the defendanthaving made a request for such stay in its allocation questionaire. the defendants solicitors are to notifythe court by 4.00pm on 5th January 2007 whether the claim has been settled or not. If not defendant is to include in the notice, a copy of which shall be served on claimant, details of the steps it has taken to try and settle the matter and the issues which are still outstanding and why.

 

That, is just quality! Brilliant! Why can't they all the courts handle it like that.

 

I've got to shoot off now, but I'll come back in a bit and try to explain the rest of it as best I can.

[GaryH]

IT IS ORDERD THAT

1) The claimant be permitted to amend his particular of claim to incorporate the schedules of charges and of claim for charges enclosed with his allocation questionaire without filing and serving an amended claim form.

So, have you filed an AQ yet? If yes, what did you attach with it? Did you amend your claim at all?

 

I'm just trying to work out whether hes asking you to amend your particulars of claim, or whether you have already done it.

[consort]

Yes sent the QA and attached spread sheet of charges inc the 8% int and all costs incurred. We also listed in the other information all the steps, letters and dates of process to date. This was the only one sent and no amendments have been made to date.

 

Cheers Gary C

[GaryH]

Ok, fine.

 

You're nearly there. What (2) is saying, is that becouse they requested a stay for settlement on the AQ, they'd better bloomin well attempt to settle! The judge has given them untill 5th Jan to either tell the court a settlement has been reached, or if one has'nt then tell the court why not, and how they attempted to.

 

This is great news and shows that the judge is well switched on to their stalling tactics.

 

I suggest you send SC&M this, plus a copy of the order from the court -

Dear Sir/Madam,

 

I write in relation to the above claim (put claim details at top of letter) and specifically the staying order placed upon it by the court on **/**/**.

 

You requested this stay to be ordered in the Allocation Questionnaire of the defendant, in order that a settlement is reached by way of negotiation. The court has subsequently acceded to your request and I am therefore inviting you to offer your proposal's for the resolution of these matters.

I am writing on the assumption that your request to the court was made in utmost good faith and with the genuine intention of resolving the matter in hand, rather than merely an attempt to further delay proceedings in this case. I trust that as the representative of a reputable and esteemed organisation, you would not hold the honourable court's order in such contempt as not to respond to this letter positively and in the manner in which your request for the stay has indicated.

As such, I will expect a response prior to the date set by the court, 31/12/06, informing me of how you intend to proceed.

 

A copy of this letter has also been sent to the court.

 

Yours faithfully

Send a copy of this to SC&M and the court by fax first thing tomorrow morning. With any luck you may even get a settlement by Christmas, although don't get your hopes up too much - it may be too late now. The latest it should be is early January.

[consort]

Hi Gary,

Thank you for taking the time to look and answer my questions. The letter is done and will be faxed 1st thing tomorrow, I will let you know when and how things progress.

 

Regards

Gary C.

[GaryH]

Remember to include a copy of the order. Plus, send a copy of the letter to the court.

 

Let us know how you get on by updating this thread.

[consort]

Hello, Just thought I would bring you up to date. Sent letter as advised, 1 to Solicitors and 1 to the court on 20th Dec. As of today 2nd Jan no payment, no contact in fact diddly squit.

Any one got any suggestions????????

[GaryH]

Ring SC&M. Remind them of the courts order and ask them what action they intend to take in order to comply with it. Also remind them of the approaching deadline.

 

If they fob you off, you need to write to inform the court - do this on the 5th January.

 

I would suggest something like this -

Dear Sir/Madam,

 

You -v- Lloyds TSB

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated **/**/**.

 

I wish to inform the court that the defendant has not complied with the courts order in that it has not made any contact with me whatsoever in respect of this claim.

 

I made an attempt to contact the defendant by way of a letter dated **/**/**, a copy of which is enclosed. This correspondance has been ignored. Further, I telephoned the solicitors of the defendant on **/**/** in order to enquire as to what action the defendant did intend to take in order to comply with the courts order. I was told that nobody could discuss my claim as they were "awaiting clients instructions".*

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully

 

* - if they say that on the phone (which they will do probably), then leave that bit in. If they say something else, put in what they did say.

 

Send it - and a copy of your previous letter - to the court addressed to the court manager, but FAO District judge ******* (whoever made the order). Also fax a copy to SC&M

[consort]

Hello,

 

Just got off the phone from SC&M, after asking them why no contact as per the court order and reminding them of the deadline to explain to court why not! The young lady disappeared for a couple of minutes then came back and said "an offer letter will be sent in the next couple of days". I won't hold my breath for it arriving by 4pm 05/01/07 so will get next letter ready to fax to court at that time. Why do they string it out as long as they can? HOWEVER "all good things come to those that wait"

[GaryH]

Well done. As you already seem to be aware, carry on with your claim as normal untill the money is safely in your bank account.

[consort]

UPDATE:- HIP HIP HOORAY

One letter from SC&M offering SETTLEMENT IN FULL:D . It's the standard letter with all the usual rubbish ""without prejudice"that when I agree it must be "confidential" and so on, etc etc blah blah.... I know some people accept but with a letter stating they don't agree to all the blah blah, as I haven't used the account for a year and it's in full £2200 O/D (I got a new account with a different bank before I started my claim in May last year) I will remove the surplus of the settlement and then they can poke there account where the sun don't shine, or should I use the acceptance letter disagreeing to their blah blah????

 

Happy Gary Keeping the faith

"SCREW THE BANKS BEFOR THEY SCREW YOU"

[consort]

Hello all,

How, Who or what do I do to move my thread to the WON file?

[upton11]

I think you have to PM a mod.

 

well done you and many congratulations. I so hope to be joining you soon

 

Regards

 

Paula

[elsinore]

CONGRATULATIONS!!

 

Well done Consort, a very Happy New Year to you.

 

Elsinore

[stan5131]

Well done on your success.

[MARTIN3030]

CONGRATULATIONS !!!!

 

Your perseverence paid off

Thread title duly ammended......will move after others who have been watching this have had a chance to see your result !

[Rooster-UK]

Hi Consort.

 

Congratulations. Fantastic news.

 

May the rest of 2007 be as prosperous for you as the start.

:D

[GaryH]

Excellent! Well done Gary, congratulations!

 

Enjoy the cash, and don't forget to tell the court in writing that the claim has been settled.

[BARTY]

Congratulations!!! :D

Barty:)