judge striking out defence?

[jodyperry]

hi

 

i have just recieved this letter from the court and just wondered if anyone else had anything similar and how long it could be now?

 

IT IS ORDERED THAT

 

The Court of its own motion is considering striking the Defence out as an abuse of process on the basis that it has settled all previous claims of this nature. If the Defendant objects to this course of action it is to file at Court within 14 days, a Schedule setting out a list of all claims it has pursued to trial and all claims it has settled.

[Josamolly]

Hi.. what court were you at? Its interesting stuff and the second i have seen in 2 days.

[Josamolly]

have you the name of the judge and the case number.. i would like to try something and put it onto my N1 form....

 

Thanks

[The cobbett slayer]

Interesting - it should certainly put the cat amongst the pigeons at Cobbetts. They will need to come up with a pretty good response to that.

 

It would appear that they have peed the judge off a bit!

[tunecookie]

The claiment is in Lincolnshire!!

[jodyperry]

yes apparently im like the third ive seen in lincolnshire in a matter of days you think the judges had a christmas do and decided to put the banks in line? lol mines at boston court

[giggles]

A good time for me to be pursuing them then... Since thats where I'm from!

[MUTT]

Hi jodyperry,

 

Like josamolly I would also like additional info ie case no etc. I am about to submit my claim against Lloyds so, to try and speed things up I would like to try and put pressure on at the N1 stage. If it has no effect then the next step would be the revised method of AQ.

[GaryH]

I don't think it would be right to start quoting claim numbers and orders from claims that are still ongoing. Besides, the claim form is'nt really the place to anyway, your POC is only for setting out the factual basis of your claim.

[The cobbett slayer]

I agree with Gary. I tried quoting cases of default judgement that had been settled in my case against their set aside application. The judge dismissed my submission as irrelevant to my own case and the application she was hearing.

 

We should also bear in mind that this is the opinion of one judge and whilst it is potentially a real milestone for all claimants, it sets no precedent and other judges may allow NatWest to continue abusing the process. It will take an order from a far higher authority than a District Judge to put a full stop to this.

 

Paul

[GaryH]

We should also bear in mind that this is the opinion of one judge and whilst it is potentially a real milestone for all claimants, it sets no precedent and other judges may allow NatWest to continue abusing the process. It will take an order from a far higher authority than a District Judge to put a full stop to this.

Good point. Its a good start, but no more. I would guess that most judges are still likely to take the more conservative view and give the defendents the benefit of the doubt.

[Josamolly]

Thanks for your opinions guys.. certainly something i would take on board.. I may refer to it should i need to.

 

Jos

[thecornflake]

It's about time someone at the courts noticed the massive abuse of process, especially by Natwest. It is doen to each individual court/judge though, but it might be an angle to try in claims elsewhere using similar wording. However I know others have quoted the amount of claims settled out of court without much success.

 

I can't wait to see Cobbett's reply - please keep us posted!

[jodyperry]

hiya

 

just to let you all know we recieved our cheque this morning from a scared cobbetts!! looks like the judges scare tactics were scarier from theirs!! only it was 116 quid short so speaking to them in a bit. ive also given them my 0701 number so getting my money back from them in more ways than one lol

[JenniMoss]

Hi Jody.

 

do you know the name of the judge dealing with this? I sent my AQ off on the 22nd December and i am waiting for a response from Wakefield County Court. i think it would help if i could bring the action being taken in your area to thier attention.

[GaryH]

CONGRATULATIONS!!!

 

Great news, well done:D. Please remember to let the court know that the claim has been settled - this is very important!

 

Heres a letter if you like -

The Court Manager

Your County Court

Court Street

Town

Postcode

 

 

 

Date

 

Dear Sir/Madam,

 

You v ****** Bank Plc

In the ****** County Court

Claim No: ********

 

I write to inform the court that the claim as detailed above, in which I am the claimant, has now been settled in full by the defendant. As such, no further action is necessary in this claim.

 

I wish to apologise to the court for the wasted time spent processing and managing this claim, but would like to add that I made numerous attempts to resolve the matter before the commencement of litigation, which were each time rebutted or ignored by the defendant.

 

It is submitted that the defendant had no intention of defending this claim, and I think it reasonable to infer that filing a defence was solely an attempt to dissuade me from pursuing my legitimate right of seeking a judgement from a court. The pattern of the hundreds of cases settled by the banks in identical circumstances would seem to support this contention.*

 

 

Yours faithfully,

 

* Last paragraph optional!

[Guest Battleaxe]

Good letter, perhaps it should be added to the Library. Maybe if the Court Managers get enough of them, they will be able to bring pressure to bear on the Court Service if the patttern is able to be proved and what better way than a pile of letters.

[jodyperry]

hi thanks for the letter but im not actually sure whther to accept or not as its 116 short and they are saying that the first 3 charges are before 6 years from the claim date. The thing is they are not before 6 years before i first wrote to them, so may try to argue s.32 of the limitations act. if anyone knows of any letters realting to that please let me know. Jenny i will find out as soon as boyfriend gets home and let you know the details

[Guest ian cognito]

I sent a similar letter to the court after A&L settled mine and copied it to the bank for good measure!

[jodyperry]

jan you couldnt paste a copy of the letter did you? and did you get the extra back?

[Janet-M]

hi thanks for the letter but im not actually sure whther to accept or not as its 116 short and they are saying that the first 3 charges are before 6 years from the claim date. The thing is they are not before 6 years before i first wrote to them, so may try to argue s.32 of the limitations act. if anyone knows of any letters realting to that please let me know. Jenny i will find out as soon as boyfriend gets home and let you know the details

 

The 6 years is the previous 6 years from when you lodge your claim into court NOT when you first send a letter as many people mistakenly believe.

[jodyperry]

is there no way i can argue the limitations act tho?

[Janet-M]

I suggest you read this thread . Did you mention the limitation act on your claim ?

 

EDIT

I meant to say its a long thread so you would be best reading it from the latest posts backwards .

[jodyperry]

unfortunatly not but apparently you dont need to but thanks for the link ill have a good read up

[jodyperry]

hi can anyone take a look over this letter for me please im not sure if its ok and dont want to do anything to jeopardise my claim.

 

Response to settlement offer.

 

Dear Sirs

 

Thank you for your letter and cheque dated 9th January 2007.

 

I will accept the sum of £1599.44 only as part settlement and on the clear understanding that I will pursue recovery of the remainder. You state that the first 3 charges on my claim do not fall into the 6 year time limitation. I would like to draw to your attention S.32 of the Limitation Act 1980;

 

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

  [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

  [*](2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealment of the facts involved in that breach of duty. . . .

(5) Sections 14A and 14B of this Act shall not apply to any action to which subsection (1)(b) above applies (and accordingly the period of limitation referred to in that sub-section, in any case to which either of those sections would otherwise apply, is the period applicable under section 2 of this Act).

 

By continuously stating that there are no instances where charges have been applied when they were not properly due, I believe client is deliberately concealing the unlawful nature of these charges. Furthermore, as I only became aware of this concealment shortly before sending a subject access request on 12/9/2006 I believe all charges on my schedule are well within the time limitation.

 

I trust this clarifies my position and when I receive the remaining £155.99 due in respect of these 3 charges and the daily rate interest, I will be happy to send the notice of discontinuance to both the court and yourselves.

 

 

Yours faithfully