gonnabeatu V FD

[dar£n]

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

Fax 0121 455 2150

0121 455 2111 (Debbie) [email protected]

0121 455 2701 (Rachel) [email protected]

0121 455 2196 (Kate) [email protected]

0121 455 2206 (Alan) [email protected]

[email protected]

 

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html?garpg=11

[indigoblue]

Just an update, received a copy of FD defence, and the AQ, which needs to be submitted by 8th July. Ive sent a nudge letter to FD. As always all help and thoughts greatly received xxx

[indigoblue]

Just tried to contact DG, there is now a recorded msg saying to contact county court or send a letter detailing enquiry, if your checking to see if a letter has been recieved they suggest you send it recorded. Seems they really are overwhelmed

[indigoblue]

Please could someone reassure me........ I have to complete an AQ which I am ok about doing, but should I also send a copy of my schedule of charges when i send it in, and if i do, should it be an up to date one i.e whats due up to today, or the one that I submitted origionally, sorry is this making sense? Also which should I send to DG? I'm starting to confuse myself now!!

[indigoblue]

Just a quick update, tel court, as yet no AQ from DG. Will be referred to the judge tomorrow. What does this mean for me?

[ED1237]

Following thread

[indigoblue]

Just spoken to the court, DG havent submitted an AQ, the case was sent to the district judge yesterday and is now subject to an unless order, they have said it will be about 2 weeks before I recieve a copy because they are running a bit behind. Is an unless order a good thing for me?

[cookiecrumble2004]

I submitted my bundle to the court by hand on Wed the deadline was Thurs. I was told that the judge would look at the case at the end of next week and if DG failed to submit their documents he would issue an unless order. All it means is that DG will be given yet more time to comply with the court directions. In your case I would expect DG to file the AQ as late as possible and play for more time. As for being a good thing, well your claim gaining interest every day which I assume is tax free!

[indigoblue]

Just recieved a order form through the post, it says:

 

........ It is ordered that unless the defendant do file a completed AQ by XX on 30th July, the defence will be struck out and the claimant will be at liberty to enter judgement.

 

I take it i dont need to do anything, also is this a good thing for me?

[ED1237]

As the court have made an order, If DG fail to file the AQ by 30th July thier defence will be struck out. This means you will be able to file for summary judgement against them. I wouldn't hold your breath though as they are likely to file by then.

[indigoblue]

Do you think I should send another nudge letter saying they need to file by 30th or leave well alone

[Tiffla]

Hi, Indigo.

 

Personally, i'd leave things alone for now.

 

No need for you to remind them that they're running late - that's their problem.

[indigoblue]

Just a bit of an update, Following the courts issuing an unless order, FD complied and submitted an AQ (still waiting for a copy!!), I was bit concerned about where it left me in view of OFT, so I contacted the court today who said that my case is going ahead, it has been put before the judge and a letter is in the post to me with a court date of Oct.

[indigoblue]

Just received notification of my date for court, early nov. I have some orders to comply with but im not sure exactly what i need to do. I will post the order soon if anyone is able to help

 

Thanks

[indigoblue]

the order reads:

 

The claimant shall by (14 days) file in the court and deliver to the defendant a schedule giving full particulars of each alleged charges made giving the date and amount of each, and in default the claim will be struck out.

 

Upon compliance with the abouve order

The claim is allocated to the Claim to the Small Claims Track to be heard at XXXXXXXXXX

 

The following directions apply to this claim:

1) Each party shall deliver to every other party and the court office copies of all documents (including experts reports if the court has given permission for expert evidence to be used) on which he intends to rely at this hearing.

 

2) The copies shall be delivered no later than 14 days before the hearing.

 

3) The origional documents shall be brought to the hearing.

 

4) Signed statements setting out the evidence of all witness statements ( including expert witnesses if permission has been given to use them0 on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the veidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come to court to give evidence.

 

5) Any party seeking to rely upon legal argument or authority must make written submissions and produce authority relied upon both to the court and to the other party by at least 14 days before the hearing date.

 

6) The court must be informed immediately if the case is settled by agreement before the hearing date.

 

HELP!!!!!

 

I think the first part is that i need to take a SOC into the court and to DG, although they have both received these before, DG on a number of occasions, although im a bit concerned that they want these 14days from the order which is tomorrow and i only recieved this yesterday

 

Please could someone help me

[indigoblue]

Sorry to start a new thread but havent had a response on my current thread!! please could someone have a quick look and give me a bit of help link to current thread below

Cheers

 

http://www.consumeractiongroup.co.uk/forum/first-direct/74965-gonnabeatu-fd-2.html#post1087549

[gizmo111]

Yes you have it correct - a schedule of charges to the banks solicitors and to court - if you can't do this in 14 days from the date of the order - ring the court and ask their advice on an extension.

The next bit is the bundle which is 14 days before the hearing.

[indigoblue]

Thank you, have taken SOC in to the court as i guessed that part, how soon should I start the court bundle, I know it needs to be in 14days before court which is early nov, so should I start early oct? any help with the bundle would be greatly appreciated

[gizmo111]

I would start here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

I wouldsay early Oct is a good time to start - there is a lot of copying so make sure you have plenty of ink in:)