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No AQ - Straight to PRE TRIAL REVIEW


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Guest welshtart

BIG help please!!!

 

I mentioned before that the sols have sent me a letter for a request for a stay of proceedings, but today I got a letter from the courts saying:

 

IT IS ORDERED THAT

 

1. Each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing.

 

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

 

3. The original documents shall be brought to the hearing.

 

4. The Claimant must include with his/her documents a schedule setting out the dates and amounts of each charge claimed.

 

5. Signed statements setting out the evidence of all witnesses on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witness whether or not the witness are going to court to give evidence.

 

6. The parties' documents must include copies of any legal authorities on which the parties intend to rely.

 

7. The Defendant must file and serve a skeleton argument at least 3 days before the hearing.

 

It appearing that the test case in the High Court under the title of Office of Fair Trading v Abbey National & others may touch on issues in this case, either party may apply for a stay of proceedings pending the outcome of that case or any appeal there from.

 

Any such application shall be made by 4pm on Thursday 30th August 2007 and a copy served on the other party at the same time.

 

A hearing date for the main action shall not be given until any application for a stay has been determined

 

 

Is 1-7 the court bundle? What has happened to the request for a stay from the sols? Do I still need to send to the sols and court an application for removal of stay?

 

Please help - I'm so confused now.

 

:???:

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ok firstly............. what I think has happened is that htings are crossing in the post............. but what is vital is that you adhere to this letter........ aTRUST ME THEY WONT..........

 

looks liek a mini bundle to me.... Lattie freaky uncle pete jo??? not having done a court bundle. am not sure mine was jsut amini bundle for representation......

 

Any such application shall be made by 4pm on Thursday 30th August 2007 and a copy served on the other party at the same time.

that means that if you possibly can be at the court building to ask in person if the application has been received...........THIS IS MAJOR........ if not you file ot have ti struck out for non compliance........... between now and then we will help you get it all ready............

at the same time get your request to have the stay removed ready.. so that again if it is applied for and granted you are ready to go.................

my guess is that the stay request hasnt been submitted yet..............

 

rockin all over the world

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Guest welshtart

Ok, just to clarify - I need to ask on the 30th August whether a request for a stay from the sols has been received. If not, I ask for the case to be struck out for non-compliance. In the meantime, just in case it is received, I get my application for removal for stay prepared.

 

What if the sols don't send a request for stay until the very last minute? i.e. 3:55pm August 30th. Wouldn't I be too late to get my application for removal for stay in as it is past the deadline date?

 

The letter I got from the sols for a request of stay said that a copy had been sent to the court. Do you think I should ring the court first to see if it has been received, so that I can have plenty of time to get my application for removal of stay in?

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The letter from DG is meaningless properganda, you could write to DG and say you have asked the court for 3 chip butties and it would have the same amount of meaning!!! Your Judge is the only one who can place a stay on your clain and if you havent had a letter from the court he intends to hear your case

 

I read those directions as a full court bundle so get a wiggle on and put one together everything you need should be here... if you have any problems just ask :)

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

Might be an idea to start your own thread too, with a name like that Freaky will help you no end

 

newthread.gif

 

good luck

 

pete

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Guest welshtart

Thanks Castlebest. I've already got my court bundles ready - 3 copies (via the Lateralus thread). I wanted to be well prepared, plus I had a good opportunity to use the facilities in work. Heh! Heh!

 

How do I start my own thread?

 

I'll wait until I get a date for the hearing and then send off the court bundles. Just worried that the court has received the sols request for stay and I might miss it. Perhaps I should give the court a ring next week just to check, don't you think? I'd hate to mess it up now after coming this far - even though I'm bricking it going to court.

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