New---after 28 Days - Maybe No Aq!!!!!!!

[lateralus]

here is the button to press to get your own thread in the hsbc forum.

 

everything looks normal on the court front - they have defended - then 2-3 weeks later you get the transfer to a local court and usually a copy of their defence as well.

then another 2-3 weeks you'll hear from your local court telling you how they want to proceed and what's required.

so, i think you are fine. i would ask if you ever sent a copy of your schedule of charges to both the court (send them now to the local court if you haven't sent them to the northampton court) and a copy to dg if you haven't already.

 

had you read the faqs and step by steps carefully - you would have seen the charliedog is correct - you can claim ci or 8% but not both - it is up to the court which they will add - if you wanted ci - you needed to back it up with lots of additional material in your particulars - but hopefully the court/and dg will read your schedule and your particulars as either/or not and ... and in addition - the c.i. is getting harder and harder to get.... hopefully they will grant you the 8% with no bother.

you might like to take a look at my new....after 28 days....thread in my signature - post 1 tells what happens next.

also, i'd ring the court and ask if the aq fee is payable or not - some courts are asking for the fee even though they are dispensing with the aq - and sometimes they don't tell you - so, just r ing and ask if it is payable.

 

so, why not start your own thread here - and we can find you again.

[smith5757]

Like many others I suspect, I am waiting each day for the postie to come.

 

From the court on June 13th I recieved notice of allocation to the small track (hearing) with a court date of Sept 12th !!!

 

With this order as annexed here to ........

 

The claimant shall within 14 days of service of this order send to the defendant and to the court:- ..........

 

a schedule of charges

b a secure bundle

c a statement of evidence

d copies of decided cases

 

I sent off my bundle to DG and the courts (arrived on Monday 25th June)

 

The defendant shall within 14 dayds thereafter send to the clai,ant and to the courts a response to the claimants schedule, stating in respect of each item claimed.

 

a whether such charge is accepted to be a penalty, and if not why not

b...................

c...............

d................

e..................

f copies of decidec cases and other legal material.

 

So a lot of info for DG to supply to me and the courts. If I have my dates OK, I should receive this by next Wednesday 11th. I am a little surprised that nothing has arrived but wait and see time.

 

Now I need to prepare myself for events post next Wednesday. If I and the courts do not receive anything at all from DG, do I need to contact the courts or should I wait for the courts to contact me ?

 

Finaaly I assume the court date is only of interest if both parties supply the courts with the information requested ?

[smith5757]

Like many others I suspect, I am waiting each day for the postie to come.

 

From the court on June 13th I recieved notice of allocation to the small track (hearing) with a court date of Sept 12th !!!

 

With this order as annexed here to ........

 

The claimant shall within 14 days of service of this order send to the defendant and to the court:- ..........

 

a schedule of charges

b a secure bundle

c a statement of evidence

d copies of decided cases

 

I sent off my bundle to DG and the courts (arrived on Monday 25th June)

 

The defendant shall within 14 days thereafter send to the claimant and to the courts a response to the claimants schedule, stating in respect of each item claimed.

 

a whether such charge is accepted to be a penalty, and if not why not

b...................

c...............

d................

e..................

f copies of decidec cases and other legal material.

 

So a lot of info for DG to supply to me and the courts. If I have my dates OK, I should receive this by next Wednesday 11th. I am a little surprised that nothing has arrived but wait and see time.

 

Now I need to prepare myself for events post next Wednesday. If I and the courts do not receive anything at all from DG, do I need to contact the courts or should I wait for the courts to contact me ?

 

Finaaly I assume the court date is only of interest if both parties supply the courts with the information requested ?

[MimiJane]

This is more or less the Order I received ... DG's time was up last week to submit their papers and, guess what, they've not sent in anything:rolleyes: Letter sent to judge to apply for judgement by default (see Michael Browne's A-Z) ... awaiting reply. Court date fixed for 1st August, can't see this happening now.

 

If no word from the judge by the end of the week, will 'phone the court to see what's happening.

 

Don't expect DG to reply ... how can they declare how they reach their exhorbitant charges? Don't think any bank has yet.

[smith5757]

Mimi Thanks for that. I suppose I was expecting an offer, but it looks like it might drag on a bit longer yet. I will check out MB a-z and search for a letter to sent for judgement by default.

[MimiJane]

Link here :-

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html

 

Mimi

[smith5757]

Mimi just found it, thanks. Did you sent a letter to Dg first or just go straight to the courts ?

[MimiJane]

I figured that, after 42 days, they'd had plenty of time to submit something:rolleyes: Also, didn't want to get too near the court date, so sent a letter straight to the judge.

[smith5757]

Yes I feel that you are right. Quite honestly they probably have no intention of doing anything at all until they have too. If I dont hear anything by next wednesday then I will write to the courts.

[smith5757]

I have followed a couple of other threads today, and it would appear that if DG not do submit their court bundle within the order time frame then I could apply to the courts for the case to be struck out. Would this be an approiate line of action ?

[MimiJane]

This was what I was advised to do by one of the mods. and have done (last week) Just waiting to hear now.

[Celicaman]

Hi All,

Looks to me like things have changed a little.

My MCOL claim lodged march,defended after 28 days, sometime early May got transfer to local court, couple weeks later court date July 11th. Heard nothing then 16 days before court date, sent bundle for 27th June. Full Offer sent 28th. Received it 3rd July. In Bank on 4th.

 

Now! If i have read above correctly, it Seems now when they are setting a court date, they are also using what is called a draft order or similar, asking for the full bundle from claimant (You) within 14 days of receipt of the Notice letter. then the defence (bank) gets 14 days after that to send its bundle..

This is obviously the court knowing that DG will not send their bundle, getting it moved very quickly and so will either result with strike out the defence after 28 days of setting date and so in effect moving or rather dispensing with the court date as settled long before then.

Or

You get your offer sometime between the 14 & 28 days as long as you submitted your bundle.

 

Downside is you need to know your stuff a bit earlier, bacause the wheels of justice have just moved into top gear.

In MHO it could bring time from filing claim to offer a lot quicker but you have to be prepared to learn and have bundle ready.

Any thoughts guys & girls

 

Celicaman

[MimiJane]

My Order stated 21 days to get my bundle in, then a FURTHER 21 days for DG to gets theirs in ... they obviously had no intention of submitting anything after that length of time. One hell of a wait though to find out:rolleyes: I suppose this might help the judge to come down in my favour through and strike out the claim, rather than issue another instruction (hopefully:rolleyes:).

 

My bundle was well prepared after a lot of research and help on this site and submitted in plenty of time.

[smith5757]

Mine the same but 14 /28 days. No word from DG so I thinking towards asking for the striking out from my local court. I did indeed request the draft order while the case was being transfered.

[Celicaman]

Mine the same but 14 /28 days. No word from DG so I thinking towards asking for the striking out from my local court. I did indeed request the draft order while the case was being transfered.

 

You prob wont hear anything at all from DG.

Once you have submitted your bundle and the total 28 Days are up. Phone the court to ask if (LOL as if ) DG have submitted their bundle, just to confirm you understand. When they havent, you can apply for strikeout, but i think an offer would come before that time after you submitt your bundle. Just make sure what you put in it is correct or DG Could apply for it to be struck out.

 

CM

[smith5757]

Thanks CM. I was interested to see that mimi case which is similar to my own, where no offer at all has been made after time for DG to submit had passed. Incidently the courts and DG received my bundle over a week ago.

[MimiJane]

I've had one offer only (just after court proceedings began) ... nothing since and have contacted them only once with a nudge letter. All quiet for ages now and have not tried contacting them again. Bank is A&L by the way.

[Celicaman]

Thanks CM. I was interested to see that mimi case which is similar to my own, where no offer at all has been made after time for DG to submit had passed. Incidently the courts and DG received my bundle over a week ago.

 

you will still have to wait till the 28 days are up to see what DG do. Then ring the court and when they tell you they have not filed bundle, ask them about asking to have defence struck out, hopefully they will be able to confirm that you can do that, considering how far away the court date is.

 

CM

[smith5757]

Thanks again CM. Sounds like good advice. I will wait until next wednesday when the 28 days is up and then contact the courts.

[smith5757]

Is there a template letter for requesting "striking out " the defence on the grounds that they have failed to submit to the claimant and the courts the required bundle.

[MimiJane]

See my post to you above.

[smith5757]

Mimi i was not sure if Rule 3.4(2)© of the Civil Procedure Rules was a strike out or not, thats why I was asking. Thank you.

[smith5757]

Checked it out today and your are right. It is the correct rule from the civil procedure rules to have the defence struck out.

[Ollyq]

Mimi,

 

sounds as though you can expect an offer very soon, if your case goes the same way as recent settlements.

 

Good luck

[MimiJane]

Thanks Ollyq,

 

Just wondering what I should do if I get an offer from the bank whilst waiting to hear if the judge awards judgement by default. Suppose it largely depends on what the offer is, doubt if they'll offer the whole amount though. They've only made one offer to date and that was way back in mid April.