rob-the-viking has a punt

[lateralus]

so, maybe it's not taking the p... check this out:

Wasted Costs order(2 Viewing)

[rob-the-viking]

Just a quick update, I phoned the courts this morning and low and behold, DG have not filed an AQ, no great surprises there! The file is with the Judge at the moment and there's a backlog. (I wonder if there has ever been a time when the Judges don't have a backlog!) Think I'll fire off a quick nudging letter to DG today. See if I can't get my name to the top of someones inbox for a few minutes!

 

r-t-v

[Titch28]

OK, so as instructed by you I've registered and read your whole thread (my eyes hurt now!). You've got some cool people on here and hopefully (grovel) they'll help me to give Lloyds TSB a kick up the a*se. I'm going to read some more stuff, particularly some LLoyds threads and then start sending letters etc . . .

 

L'il sis

[pinkduchess]

welcome titch! I see you've started a thread on the lloyds forum. I'm sure they'll look after you. and with big bro to help too - you'll be fine.

 

good luck with your claim.

[rob-the-viking]

OK, so I've modified one of lattie's (thanks yet again!) hastners which I'll be posting today to DG with yet another breakdown of my charges.

 

I was also considering writing to HSBC and asking them for a breakdown of how the £xxx 'total charges' fee which they hit my account with every month is broken down. I know that they won't reply to me but if I get to Court and the Judge ponders over this then at least it'll show willing on my part that I've been trying to resolve this matter and not waste the Courts time. That and the multiple letters I've sent to DG up to this point might work in my favour.

 

Also trying to get copies of their terms and conditions dating back to 2001 as they might prove critical in my case.

 

Any thoughts?

 

r-t-v

[pinkduchess]

yep - good idea. shows youre trying

[lateralus]

the '04 t&c is here thanks to hagenuk:

 

STODAD vs HSBC - deadline 24th May

 

the cut and paste i tried didn't work - but you can get it there.

[rob-the-viking]

Lattie, thanks for digging that up for me! I tip my hat in your direction.

 

Just to update, I rang the court yesterday and despite them having my file ready for the Judge to look at for the best part of 4 weeks now, it still hasn't been viewed, so I get to wait a little more. Think it's about time for my 3rd letter to DG............

 

Keep on fighting everyone!

 

r-t-v

[Castlebest]

Hiya Rob this seems to be happening more and more you just have to sit it out.

 

pete

[rob-the-viking]

Cheers Pete, I kinda figured that! I've got nothing but time............

 

Good to see you've got another claim in the mixer as well! Take them to the cleaners!!

 

 

r-t-v

[rob-the-viking]

I got a reply from HSBC stating that they didn't keep their previous terms and conditions, (yeah right) and all the could supply me with was the current ones.

 

Shows the courts I've been trying at least!

 

 

 

Here's the 2004 t&c's by the way.

 

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=524&d=1179691967

[Castlebest]

Rob I have 9 claims ticking over against various cards and banks

 

pete

[rob-the-viking]

Ok, so after finally getting a tad frustrated at waiting for the courts and after the helpful advice of pete and auburngreeneyes I have drafted a letter to the courts requestion that my case be struck out on the grounds of abuse of process.

 

Here's the letter

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the defence be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

rob-the-viking

 

 

 

Any thought's/opinions/criticism welcome!

 

 

r-t-v

[freakyleaky]

Looks spot on to me rob! Ok if I copy this and post it on rgs's thread for him to see?

[rob-the-viking]

feel free!

 

r-t-v

[lateralus]

haven't you sent more than one nudge - they don't all have to be in regard them not filing their aq -

if one letter was specific to that - why not add

after dated xx/xx/xx and x other letters requesting them to make contact with me dated xx/xx/xx and etc.

just think it would point up that you've been doing all the running.

 

see what pete thinks - he's better at the court stuff - i like needling dg

[rob-the-viking]

Lattie, I've sent 3 nudges to DG, also a covering letter with my AQ trying to settle the matter without wasting the courts time. I'll amend the letter to include these dates. Hopefully as you say, the court might realise that it's me doing all the running with no response whatsoever from DG.

[Castlebest]

Ok, so after finally getting a tad frustrated at waiting for the courts and after the helpful advice of pete and auburngreeneyes I have drafted a letter to the courts requestion that my case be struck out on the grounds of abuse of process.

 

Here's the letter

 

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the above claim NO defence be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

I look forward to hearing from you.

 

 

yours faithfully

 

rob-the-viking

 

 

 

Any thought's/opinions/criticism welcome!

 

 

r-t-v

 

ROB you want the defence struck out not your claim !!!!!!!!!!!!!

Apart from that good letter

 

pete

[rob-the-viking]

Pete, thanks for the proof read! I duly edited and posted the letter to the courts, I don't expect to hear anything for a while, they seem to have forgotten about my claim! Hopefully this might get it moved to the top of someones pile so I can at least progress to the next stage instead of this stagnation that I'm in at the moment!!

[rob-the-viking]

You'll be pleased to know that the letter to the court obviously got my file moved to the top of someones pile as I got a letter from the court today which reads;

 

"Take notice that directions will take place on

(some time in august)

at ******* court

when you should attend

10 minutes has been allowed for directions

 

please note, this case may be released to another judge, possibly at a different court."

 

Oh goody, more time spent waiting...........................

 

Is this a good or a bad thing? I was expecting them to set a court date.:xIs there anything I need to prepare or take with me?

Are DG even likely to turn up?

Is there anything I should send them?

 

Sorry for so many questions!

 

a rather disappointed

 

r-t-v

[rob-the-viking]

Found all of my answers thanks to GaryH!!!!

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

a stuck in limbo

 

r-t-v

[rob-the-viking]

In an attempt to resolve my case before the directions hearing at the end of August (which will take it well past the 7 month mark) is it worth sending DG a copy of all the documentation that I intend to present at said hearing? (Draft order for directions, list of settled claims, Lincoln abuse order etc.) Show them that I know what I'm talking about.

 

I'm getting tired of sending them a nudge every 10 days which they dutifully ignore anyway. Surely a slight change in tactics can't hurt. If anyone has any new suggestion which are untried, (within reason!) I'll happily act as a guinea pig.

 

a bored beyond belief

 

r-t-v

[Andy Williams]

I know how you feel...I filed my claim on 12/02/07 so am a couple of weeks ahead of you. I didn't receive any kind of offer from HSBC and have not heard a peep from DG.

 

My court date for directions is 14th August. I don't think I will hear anything until shortly before if at all. I think their strategy is too wait and see. They are still waiting for the Judge to come back with a ruling regarding the young barrister sueing NatWest plus the outcome of Hull cases the local judge is trying to strike out..

 

Apparently my court are looking for 2 or 3 test cases in July. Maybe the same in your court. You could ring the court and ask if their is any way your case could be heard before the end of August.

[lateralus]

rob - unless someone says differently - i wouldn't send them all the stuff - they've seen it all before and i don't think they will act now until they are forced into it.

it seems to me like organised chaos now that each court can do their own thing - it was much more cut an dried when mcol sent out an aq and everybody did one - now, you've got peeps getting court dates, prelims, allocation hearing, final hearings, send the court bundle now, send it 14 days from now, send it 14 days before the hearing, just unbelievable variations. i think the only thing you can do is hope that between hearing deadlines - dg is slowly working it's way through the stack and hopefully will get to yours before august. they surely know who you are now - so let up on the nudges - but still do one maybe every three weeks - in the next one - let them know when you filed your claim as it is starting to seem a long while since - and tell them you are preparing your paperwork for when you go to court and then just offer again to help lighten their load should they wish to get in touch with you.

i'm afraid it's a waiting game - when you are as old as i am - time flies by - soon be august!

[rob-the-viking]

Thanks for the responses. Andy, sorry to hear you've been kept waiting longer than me! I've had a look and I can't find a thread about your claim, only ones about default removal. Have you got a thread, I'd like to subscribe to keep an eye on how things progress for you.

 

Lattie, thanks for the advice! (once again!) I was kind of hoping that this matter would be resolved sooner, but with the directions hearing at the back end of August, it looks unlikely.

 

Unfortunately I'm going to the middle east for a while in the last few months of the year, so if the courts don't feel like trying to help me then it's quite probable that my claim will progress into next year, as I'll not be able to get time off work to attend court. Frankly I'd be disappointed if i flew back from Iraq to go to court only to find out that DG didn't feel the need to turn up on the day.

 

I think I'd make a suggestion to the Judge to send them back out with me to get a taste of what really is the other side of those rose tinted glasses they seem to see the world through.

 

A DG resenting

 

r-t-v