How do i proceed if there defence is struck out.

[gav6280]

Just got an order from gloucester court saying my case would be struck out if i did not send a more detailed particulars of claim wich they are now calling a statment of case. I have been pointed to one on this forum and have modified it to suit. Im sending it tommrow.

 

Also the the judge has ordered that if dg dont send in there aq by the 25th the defence will be struck out. I think this is very likley given dg's work load.

 

So what happens then? How do i proceed if there defence is struck out.

[Rayne]

if im right you would be able to go for judgement in default?

 

Let us know how that goes cos we're with Gloucester as well. Out of curiosity what did you send them originally?

 

double post by any chance? lol

[givememymoney]

DG often take advantage of the courts giving them an additional 14 days to file the AQ. The good news is that often when they do the send a letter a few days later with a full offer.

[gav6280]

Nope they never did file there AQ in time, i rang the court and checked. That was last Wednesday.

 

Does this mean i have won?

 

So how long do i wait to apply for judgement?

 

What form is the best one to use?

 

Is there any advice on filling it in?

[Guest Mumofthreeboys]

No, it does not mean you have won. Read this link all the way through http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html?garpg=13

 

Have you amended your Particulars of Claim yet? Are you now using the POC's from this site?

[gav6280]

I already did read that link, and i have already sent them 2 letters in 2 weeks giving them a reminder that im still here.

 

This link is reffering to cases where defence is not recived.

 

I have there defence. DG failed to submitt an AQ.

[lateralus]

then i'd ring the court and ask if the judge is going to issue an unless order - ...unless they file by ... their defense will be struck out.

 

 

this isn't the best case scenario - as they will go for stays and whatever and string it out - so best case scenario is that they make you an offer - to that end.... ring the court - find out how if the judge is going to order an unless order - then write to dg - there is an example of what to write in my thread - after you've filed you aq - it is in my signature. in post number 1 is the letter when they haven't filed an aq. but you have - so tweak it to your needs and situation. my suggestion is to prod them into an offer - not to press ahead with default judgment. i'm calling these nudge letters and advise one every 10 days until they offer.

[Rayne]

the good news is that if it's District Judge Thomas, he's a pretty switched on cookie and appears not to have too much sympathy for time wasting from the banks

[baronis2uk]

hi there, the judge has just struck out hsbc defence on my claim as the where given a sanctions order to comply with meaning they had to file their already late aq and they failed to do so, i asked what next....the court handed me a judgement form and i filed judgement, they said the bank will now be given an order to pay up.....i hope this is right!!!

 

 

 

 

 

 

natwest won

natwest again won

hsbc defence struck out and judgement filed..so far so good`(and long!)

[lateralus]

i'm curious - as these are fairly uncommon - did it cost you to file it?

it still wouldn't be a bad thing - if dg came up with a full offer. let's see what others say.

[alanfromderby]

Just to clarify - once the deadline is passed for responding to the Order, then you need to contact the Court Manger. Point out the Order states that the case WILL be struck out.

 

You can then enter a request for default judgement. In my case it was done on an N244, but you should not have to pay a fee as the CPR clearly states that a fee is not payable when applying for a default judgement.

 

Never assume that the court will do anything - they are snowed under with cases, and do need prompting to look at files.

[lateralus]

so, alan, is it still worth contacting the solicitors - prodding them into making an offer which is what we usually do.......

[alanfromderby]

yes

[lateralus]

and there we have it - carry on with the nudging -

in gav's case: it says it will be struck out if they haven't filed by the 25th - so gav - you need to find out if they have filed and if not -you need to follow alan's advice in post 11.

and also, write a letter to dg - helpful hints in post 1 of both my aq threads listed in my signature.

baronis, as alan says in post 11 - you can now file for default judgment - but i'm going to put a letter on your thread which i think you should first send to dg.

in any case - anyone else watching - just like not halting the claim until the money arrives - a second principle which we live by should be don't stop writing to dg (i think every 10 days presses home the point without being harassment) in an effort to get them to make an offer and make the whole thing go away.

[gav6280]

yea i phoned the court at 4pm on the 25th. This was DG's last chance. The letter clearly states - it is ordered that the defence will be struck out AQ is not filled. This was already there 2nd chance to do so.

 

So can i go ahead and file for judgment, or is it better to wait for a letter from the court just to make sure?

 

Ive totally had enough of writting to DG, i have decied from here on in it's just going to be court action.

[givememymoney]

You should definately ring the court first thing tomorrow and ask them what the judge is going to do, you won't need to file for a judgement cause he/she will strike out the defence

[lateralus]

doesn't alan's advice above say - once the deadline is passed you need to ring and talk to the court manager - pointing out the defence will be thrown out - they will then send you the forms for the default judgment.

then, as i pointed out to baronis - it needs a letter to dg - as a full offer at this point is highly preferable to a judgment they can stall for ages.

so, write to dg - i've put a v ery similar letter to wht you want on their thread today - so, ring the court manager - then write to dg.

[alanfromderby]

If they have failed to comply with a Judge's Order that categorically states they must do something by a certain date OR their case WILL be struck out, then they would be heading down a very rocky road if they applied for a set-aside of any judgement obtained.

 

Indeed any application for set-aside would almost certainly be dismissed, without one of the banks senior directors personally begging the Judge's forgiveness for ignoring his Order...and bringing with him all the documentary evidence that they have so far refused to supply to any court.

 

Once the court has confirmed to you that the defence has been struck-out (which should be 4pm on the date in the Order), I would advise filing for judgement immediately. You can download the N244 from the court website.

 

The court staff have no leeway to allow any extra time - and if staff try to say otherwise then ask to speak to the court manager, and quote the wording in the Order.

 

As soon as judgement is entered the bank are then on a strict timetable - otherwise you will be able to apply for warrant. That should concentrate their minds on getting a payment out asap.

[Castlebest]

Then you get the fun bit with bailiffs taking stuff out of your local branch with full media coverage if you organise it, as long as George W Bush hasn’t got an in growing toenail and Pete Doherty and Kate Moss wipe the white bits off there noses that day.

pete

[baronis2uk]

hi folks, in my case aq had to be submitted by myself and hsbc by 12th april, i submitted mine and hsbc didnt, the judge then sent out a sanctions order stating if hsbc didnt file by 26th april he would strike out their defence. i rang court on 26th, they still hadnt submitted so the court personel said i could go down and file judgement...this was at 3pm so i ran to pick my son up.jumped on a bus.shot to court..they gave me a form..cost me nothing and i filed....now im waiting! not sure what happens now but hope this helps somebody:???:

[gav6280]

Ok so today as suggested i just rang the court and spoke to a very nice lady who informed me that she personaly just reffered my case to the judge about 10 minutes ago! what a bit of luck.

 

Anyway she said it's entirly up to the judge what happens next, but expect to have something by the end of the week. She also said they are running 2 days behind due to volume of bank case's, cool.

 

Thanks all so far.

[gav6280]

So today finally i was expecting it in writting that i could file for judgment instead i got a letter saying that DG had requested a stay and that it has been granted by the judge that this is now an order.

 

WTF! getting very angry with DG now. So i quickly fired off a letter to the court today.

 

 

Dear Honourable Lord Justice Judge Singleton.

 

In response to your order of 8th May, the claimant respectfully objects to the stay imposed on this case. The claimant would like the order of stay to be removed and for this case to proceed as quickly as possible.

 

Grounds for claimant objecting to the order are:

 

• The defendant has already had more than enough time to move the case forward and its is believed that the defendant is purposefully stalling this case.

 

• The defendant has had several opportunities to move this case forward; this is supported by the letters the claimant has sent to the defendant. Copies of these letters are included for your review.

 

• The claimant believes that applying a stay to this case is unfair and after the proposed stay ends on July the 1st this case would be no further forward than it is now.

 

• The claimant believes that the defendant has already settled many similar claims in a much shorter time scale.

Sincerely

 

MR. G.Wilkinson

 

 

Hope i have done the right thing?

[freakyleaky]

That sounds great to me! What can the judge say? You are giving him the facts! Can't do any harm I wouldn't have thought. I am sure you will get feedback from others on this though!

Keep us updated!