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.

[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

[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

[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

[jodyperry]

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

[jodyperry]

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

[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

 

 

 

[jodyperry]

o and by the way i tried to find out the name of the judge but them woman didnt know and said there is a panel of 3 judges that would of reached that decision sorry peeps

[jodyperry]

mmmm next up mortgage companies whole new ball game lol

[jodyperry]

hi

 

just to let everyone know that

 

1. i have recieved a letter from cobbetts stating that if i do not return the notice of discontinuance within 7 days they will notify the judge that full payment as been made and to dismiss the rest of my claim. well carry on the court have a copy of the letter i sent anyway hehehe.

 

2. got a letter on saturday from the court threatening to throw lloyds defence out too!!!!!!!!!!!

[jodyperry]

hi

 

i think thats just about what was said the letter is on the first page of the post. I couldnt get the judges name as apparently its a panel of 3 but the 2 signatures are the same on both letters.

[jodyperry]

I am writing to highlight my partner’s case which has been sent to Skegness Court (case *****). Due to the fact that my case is not to be heard until April I would be grateful if you could take this information into account. The letter is as follows:

The court of its own motion is considering striking out the defence in this action an abuse of process.

The basis for this is the fact that the defendant is settling all claims of this nature where claimants are seeking the reimbursement of bank charges, with no claims proceeding to a contested hearing.

The court considers the authority of Mullun-v-Hackney London Borough Council [1997] 2 AIIER 906 relevant.

If the defendant objects to the proposed strike out it is ordered to file, within 14 days of the date of service of this order, a schedule setting out all claims of this type in England and Wales which have proceeded to a final contested hearing, and the outcome of such hearings, together with a schedule of all such claims which it has compromised before final hearing, after proceedings have been issued.

Upon receipt of any such objections the court will consider listing the claim for an on notice hearing of the strike out issue.

In the absence of any such files being returned in time, the defence herein will be struck out and judgement entered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track.

Whilst I fully understand that this may be the opinion of 1 judge and maybe not others I feel that an important issue has been highlighted and now you have the information you can make an informed decision about whether you personally decide to take the information on board.

Should the courts require any further information please do not hesitate to contact me using the contact details above.

Yours Sincerely