new developement letter from court - Martineau/Heather - NOTA BENE

[elsinore]

This is, so far anyway, just one judge staying one case. If claimants start to report other instances of similarly worded stays, then we can begin to smell a rat. Otherwise it may simply be one judge's attempt to 'knock heads together'. I do think that CRED has nothing to lose by talking to the Clerk of the Court, who will know what the judge's intentions are. Whilst he is unlikely to openly criticise either party, he might well give CRED a feel for just what is behind the order. CRED is quite entitled to ask for clarification of the order, especially Para 1 (narrowing the issues?) Any information gleaned can only be of benefit to CRED (he's the one with the order) and perhaps, in the longer term, to the rest of us.

However, the discussion provoked by CRED's post concerning defence (bank say's one thing. solicitors say another) has highlighted a large chink in the banks' armour. I would love to ask a bank's lawyer in court why the defence that he is submitting differs from that of his client. BF's analysis of this point is spot on.

I know you'll keep us posted CRED, but do hurry up, we're impatient to know what happens!!!

 

Onwards and upwards

 

Elsinore

[lookinforinfo]

The gist of your argument as I understand it Bankfodder is that the Court is

preempting banks usual ploy of not defending their cases.

 

At the moment, everyone turns up at Court for the hearing, except the bank, which

doesn't defend. But no one but the bank knows for sure beforehand that they won't

be there. The Court was paid usually a month in advance to have a hearing that

didn't happen. Money for old rope.

 

In this case, the Judge wants to know beforehand as well as the bank that there

will be no case by threatening sanctions if the parties cannot sort out the matter

out of Court. The Court was paid to have a hearing about a month before.

Great work if you can get it.

Surely more to the Courts decision, or else it is laying itself to a complaint by the

bank which could stretch out the argument for months.

Also Cred can probably kiss goodbye to an early settlement as well, as the bank at

the very least can say they are working to achieve a result. They can then admit

failure and opt for a Court hearing, then come to an agreement with Cred the day

before the hearing thus avoiding any sanctions.

[HONESTKNOB]

Have you got back to the bank yet CRED? Really interested to know how this works out. Best of luck mate.

[lookinforinfo]

Cred, in view of the fact that your response to the stay has to be in by Friday,

have you come to a decision? Do you know if the bank have come to the same decision? And have you noticed any change in the banks' attitude?

 

Best of luck, whatever you decide.

[CRED]

Yesterday I had a letter from Lloyds solicitors offering refund of my money but with a gagging clause also clause forbidding me from taking further action. I faxed a letter saying that I accepted settlement but would not be bound by the gagging order and stating that I retained the right to take action in the future if I there were any legally unenforceable charges/penalties Also pointed out that this was expanding the issues rather than narrowing them as ordered by the judge Received a letter this morning offering full and final settlement on this claim,and no orders re futher action ect!

I have accepted this.

 

I am sure that the order by the judge has helped resolve this sooner rather than later, I wonder if other judges will take action , or if this is a one off by this particular judge.

[saj]

Excellent news Cred! Have been following this thread for days now and am really pleased for you. Respect to Bankfodder and the moderators for their amazing contribution of time, effort and wisdom to us all.... Saj:)

[Movingon]

Very well done CRED. Looks like the boys in this thread were right; the judge's jibe was aimed at the Bank's legal people, and they KNEW IT!!!

[HD]

Congratulations Cred. Is this a good time to mention the donate button?

[HD]

And don't forget to thank the judge for making Lloyds actually take part in negotiations when you let him know that they settled in full.

[elsinore]

Congrats CRED. Those of us following will all have our confidence bolstered by your efforts.

 

Onwards and upwards

 

Elsinore

[jonni2bad]

Congratulations

 

It can be easy to forget to fill out our SURVEY, so that was a quick plug!

 

(cough cough - and donations always gratefully accepted of course)

[CRED]

No problem! will donate as soon as I have get my money1 it is what I intended anyway

[HONESTKNOB]

This is a stunning result mate. Hopefully this will start a trend for other courts across the country to follow the same pattern to stop the bank (Especially Lloyds) dragging out everything to the death and wasting everyone's time, and money!!

[finman]

Cred,

 

just out of interest what was your time line from making the claim online?

 

Congratulations by the way!!!!!

[lookinforinfo]

Cred, I am delighted to be proved wrong.Hope my Cassandra type warnings did not

disturb you that much-they were said with the best of intentions.

Have you got your seat booked at Rhinos?

[Krystyna]

Yesterday I had a letter from Lloyds solicitors offering refund of my money but with a gagging clause also clause forbidding me from taking further action. I faxed a letter saying that I accepted settlement but would not be bound by the gagging order and stating that I retained the right to take action in the future if I there were any legally unenforceable charges/penalties Also pointed out that this was expanding the issues rather than narrowing them as ordered by the judge Received a letter this morning offering full and final settlement on this claim,and no orders re futher action ect!

I have accepted this.

 

I am sure that the order by the judge has helped resolve this sooner rather than later, I wonder if other judges will take action , or if this is a one off by this particular judge.

 

Hi CRED

 

Happy you will get your charges back. Can I ask at what stage did you receive this offer after you sent your allocation questionaire?

 

Thanks

 

Krystyna

[reload]

Excellent news Cred, looks promising for the rest of us

[lancsman]

Well done Cred and Bank Action Group for giving us the leverage and moral support to go after those banks that are not playing fair.

 

Moneyclaim next for me too.

 

lancsman

[Mal]

Sorry Cred, Not been following this thead (Been Away) but WELL DONE! I thought you were inches away!!!

 

Mal

[CRED]

This topic was closed on 10 March 2019.

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