Maangov V HSBC ***WON***

[maangov]

I'm a little worried now! I haven't heard a peep from DG, and today i have recieved a letter from the court saying the judge has awarded a stay.

 

Not sure why, or what this means!

 

General Form of Judgment or Order

To the Claimant

Mr X

Before

DISTRICT JUDGE SINGLETON

sitting at xx County Court Upon consideration of the court f

i

le

IT IS ORDERED THAT

The action be stayed until 2nd July 2007 or until father

order the

stay will also afford the parties an opportunity to try and settle the matter without a court hearing.

Liberty to apply to remove/extend

.

the

-

stay File to be referred back to the District Judge by 9th July 2007

This order was made on the District Judge's own initiative pursuant to

CPR

Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10

*

*This means that if a party is not happy with this Order and wishes to object to it, then a Party merely has to write a letter to the Court within 7 days of the date of receipt of this order specifying the objection and stating the grounds for it;no fee is payable for doing this. The file will then be referred to the District Judge.

Dated 24 April 2007

 

What should i do now?!

 

Gratefull for any advice.

MA

[lateralus]

ok, the idea dg loves stays as it lengthens everything out - you don't want one - here's another person in exactly the same situation. so we advised a few days of bombarding dg with letter, email, fax all trying to get them to sit up and deal -and keep a record of everything - then write to the judge - and tell him they just won't deal, show him what you've done and got no response - so why waste everyone's time by playing into their hands giving them a stay.

and send him copies of those letters you've sent to dg as well.

read this and make up your own timetable then write to the judge -

Claim STAYED - HELP PLEASE.... (1 2)

[Castlebest]

Hiya Maangov, Unfortunately you only have 7 days to get the stay set aside, so you have to move sharpish or you will be sitting around until July just waiting, as I told Querky do a brief record of phone calls, date time and what happened even if you just leave voice mail, send it with copies of any email and letters you send them to the Judge.

You are trying to settle they aren’t, there is no point in continuing the stay. The judge wants you out of his hair as much as you want an offer, so give him an excuse to have a go at DG.

pete

[querkyone]

Maangov,

 

I have had NO response from DG whatsoever from all the calls/emails/faxes and Nudge letters, so yesterday afternoon I sent a fax to the District Judge, basically informing him of this fact and also including 19 pages of letters, email and faxes sent to DG.

 

A nice lady at the court called me this morning to tell me this 'evidence' (her words, not mine) had been passed to the Judge with the closing words of "He will not be impressed with these Solicitors!"

 

So a nice weekend of waiting to see what our local Judge orders and see how it affects DG with regards to giving them a kick to settle!

 

Will update all soon!

 

Querky

[Castlebest]

That’s exactly the response I expected from the court and now you have given the District Judge some ammunition to use against DG hopefully he will put some major pressure on them now.

pete

[maangov]

Thanks all,

 

Unfortunatly today was wasted as i can't do this stuff from work.

 

Is 7 days including weekends? I'll be firing emails and faxes from tomorrow.

 

Does anyone have an email address/phone number?

 

MA

[lateralus]

Rachel Tomlinson 0121 455 2701 [email protected]

Debbie Daubney 0121 455 2111 [email protected]

Kate Eaves 0121 455 2196 [email protected]

Alan Burden 0121 455 2206 [email protected]

 

Fax; 0121 455 2660

Unknown; 0121 455 2150

[maangov]

Excellent,

 

Thanks all. I'll start writing/emailing and faxing as of today, through until Friday Lunchtime. Then i'll get my letter in for stay to be out aside.

 

That should keep me within the 7 day deadline.

 

MA

[maangov]

Hey all,

 

I had a letter from the court today, informing me of my court date, due to my objection to the stay! Yippeee, they now have till Early July.

 

I'm a little worried now that DG have not been in contact at all. I'll have to continue writing.

 

MA

[lateralus]

yes, and throw that in your next nudge - you've gotten the stay removed because the judge agreed that you have been bending over backwards to get them to have a look at your claim - and because he agreed - the judge knows they have no intention of dealing until it suits them (well, you can write it better!) but big nudge time - with a breakdown When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

nudge ideas in post 1 of both these. keep at it.

[deadzebra]

I will be emailing DG tomorrow (Monday), do the following people really exist (or pseudo names). If so, is there any one of these who seems to be the best to deal with?

 

Rachel Tomlinson 0121 455 2701 [email protected]

Debbie Daubney 0121 455 2111 [email protected]

Kate Eaves 0121 455 2196 [email protected]

Alan Burden 0121 455 2206 [email protected]

 

 

 

Thanks.

Kev.

[maangov]

deadzebra,

 

I emailed them all and had no reply from anyone, so i cant say i'm afraid.

 

lateralus, thanks for the links. At what stage do i submit my court bundle? Also, i submitted a draft order of directions with my AQ, and also something in my application for stay removal. Does any of this come into consideration? ie, do they need to provide me with any documentation?

 

MA

[Castlebest]

Hiya Mann, well the stay has been removed so yes your submission has been considered.

 

It is up to the Judge if he uses the draft order of directions, in your case, from what you have said, I dont think he has but you need to read what his directions are in your court notification. This should also give you a day when your court bundle has to be submitted, it normaly says something like "the claimant shall submit his full particulars 7 days before the court date".

 

pete

[lateralus]

and when you contact dg next - with you next nudge letter - include the fact that you got the stay removed by telling the judge how they are not responding and how disappointed you are.....blah, blah...

 

and yes, nudge every 10-14 days until they respond with an offer - put the court bundle on a back burner for now.

 

and the ONLY time we advocate sending dg lots of e-mails, etc. is when you are trying to get a stay removed - never any other time - that is for people reading this thread in case they think they should be doing it to - you should NOT be doing this unless you are getting a stay removed and then only until it is - then back to the nudge every 10-14 days.

 

but mang. refer to court activity - especially you getting the stay removed - in your letters.

[querkyone]

ALL, I would agree whole heartedly with Lats here.

ONLY send emails each day in the event you are using this to try to convince a Judge to remove a 'Stay'.

 

In most respects, it is academic when you send emails really, they NEVER answer them, so if you are trying to get a settlement at any other time other that for 'Stay' removal, you are just wasting your time.

 

Querky

[lateralus]

and theirs! keeping them from getting through the big pile!

[maangov]

Thanks for the great advice guys,

 

Letter is to be submitted to DG tomorrow, following the advice you've given. I'll continue to follow this up every 10 days or so with repeat letters.

 

I shall also put the court bundle on hold. My court notification makes no mention of a deadline date for this. In fact it doesn't mention it at all. Just advises the date and time. Hopefully i'll hear more on this nearer the time.

 

I'll post my drafts once compiled.

 

Cheers Guys, youve been invaluable.

MA

[jowalshy]

Hi mangov. I didn't have anything on my notification of hearing about the court bundle. If you need a template letter to go with your draft directions, just PM me and I will PM a copy over to you.

[maangov]

Hi Guys,

 

I'm starting to get a little worried now! My court date is July 3rd... 10 days! :-S

 

I haven't heard a peep from DG. I haven't submitted or prepared a court bundle yet! There was no mention of this on the court notification so i've been holding out.

 

Think its time i got this going? Do i just need to submit that?

 

If i've heard nothing about my draft orders, i presume they've been dismissed?

 

Thanks peeps,

MikeA

[lateralus]

draft order would be dead in the water - as it gives you 14 days and them another 14.

 

this is important - when you got the letter saying you've got a court date - can you post it up here for us to see - just xxxx out personal details.

we need to see it to advise what to do... quick as you can.

[maangov]

Thanks Lateralus, here it is:

 

In fact, i notice this is just a prelim hearing! What does that mean?

 

Notice of Hearing

To the Claimant

Mr maangov

Address here

My street

 

 

In the GLOUCESTER County Court

Claim

Number

xxxxxx

Claimant

(including

ref.)

Mr Maangov

Defendant

(including ref.)

H.S.B.C.

Bank P

i

c

KVE

Date

18 May 2007

 

This matter has been listed for a preliminary hearing as the Claimant has filed written objection

to

the Stay Order herein and/or the Claimant has informed the Court that he/she wishes to proceed with the claim.

TAKE NOTICE that the Hearing will take place on

3 July 2007 at

PM

at Gloucester County Court,

Kimbrose

Way, Gloucester, GL1 2DE

When you should attend

15 MINUTES has been allowed for the Hearing

If the Claimant fails to attend the Claim may be struck out and if the Defendant fails to attend Judgment may be given for the Claimant in the Defendant's absence.

If the Claim is settled before the hearing, then the parties should notify the Court preferably by fax or letter and the hearing can be vacated without the need for an attendance.

Please note that your case has been listed with other appointments in a block list. As a consequence, it may not commence at the exact allocated time. This practice enables earlier hearing dates to be given and avoids lost time due to late settlements and parties not attending.

The District Judge has considered the matter and has ordered that the above hearing will take place BY WAY OF AN ATTENDANCE AT COURT AND NOT BY WAY OF A TELEPHONE CONFERENCE HEARING, FAILURE TO ATTEND MAY RESULT IN AN ORDER BEING MADE IN YOUR ABSENCE.

Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing.

***Please Note that Court Staff are not legally qualified. For free legal information, help and advice contact Community Legal Service Direct on 0845 345 4345 or

Community Legal Service Direct

. You can also seek help from a Citizens Advice Bureau or a consumer advice centre

.****

PLEASE ENSURE THAT ALL FUTURE CORRESPONDENCE RELATING TO THE ABOVE HEARING HAS THE HEARING DATE AND TIME CLEARLY ENDORSED ON THE FIRST PAGE. THIS WILL ENSURE YOUR CORRESPONDENCE IS DEALT WITH AND PLACED ON THE FILE PRIOR TO THE HEARING.

Please Note:

This case may be released to another Judge, possibly at a different Court

 

 

[lateralus]

now, see we learned loads from that -

ok, it's prelim hearing - so take note of what garyh says to take with you - on this link - GOT A COURT DATE? A guide to the later stages

 

but we also pick up a good deal about this judge - he's leaning your way - by my reading - so,,,,

it's time for a big nudge to dg -

take the basics from my nudge letters in the aq threads - in my signature and point out to dg - the date, the requirement for them to attend, how you are ready with your documents, how willing you are to settle this before then, how you will accept xxxx (full amount), how you are helping them and the court to save time and money - just make the letter reflect how you are ready to go to the hearing ----

my feeling is they will make you an offer very, very soon - so sooner you write it - sooner i think they will offer.

 

okey dokey with that?

[maangov]

That sounds great, should be ok with that, thanks very much. I'll draft this letter this afternoon, and post on here.

 

Maangov

[maangov]

Ok Something like this?

 

I am very disappointed you have failed to respond to my previous correspondence regarding the above claim.

As you are no doubt aware, the District Judge at Gloucester County Court has agreed to removal of the stay requested by yourselves. I have made many unsuccessful attempts to contact you by Letter, Fax and telephone in order to resolve this claim without the need for court action. I am very disappointed that you have failed to acknowledge my correspondence, nor make any attempt to resolve the matter as requested in the stay by District Judge Singleton. I therefore submitted an objection to the stay. The District Judge reviewed the case and removed the stay on these grounds. It is my feeling you have no intention of defending this claim in court, and are simply procrastinating.

District Judge Singleton has set a court date of July 3rd 2007 at xxxpm. I have prepared my court documents, and am fully prepared to attend this hearing; however am I am mindful of the vast number of claims with which you are currently dealing. Therefore in order to speedily resolve this matter, I am willing to accept the sum of £xxxx, plus removal of the default applied by the defendant.

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would whole-heartedly approve of our settling this matter in a timely manner and without their further intervention.

Please inform me of your intention to settle this claim with the utmost expediency by replying favourably to this letter, or calling me on xxxxx , or xxx xxxxxx.

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

Sincerely

 

This sound ok? Anything else i should add?

 

Many Thanks

Maangov

[lateralus]

that sounds fine -

bigger print,

spaces between paragraphs,

and loose the first sentence. (you say nearly the same later - just start with as you are aware..)

start a new para with it is my feeling..

and after- i am sure that the courts - put and judge xxxxx would apprec.

other than that - it's loverly!

 

i like doing letters - so i have a certain way i like them to look (professional) - hope you don't mind my suggestions.