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Court Date - Have queries! Help Please?


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Getting a little nervous now, Have faxed and sent first non compliance letter (weds gone), and weds coming is the date to send letter to judge asking for next directions or judgement or whatever he sees fit. Not heard anything from SC&M as yet.

 

If on weds I send letter to judge, and I get judgement, what happens then? I've seen other threads where judgement isn't such a good thing, is there a nudge letter I can send to SC&M on monday by fax, has anyone written their own or can suggest anything?

 

It's just that I may be going on hol next friday for a week, nothing booked yet, but it seems a bit of a crucial time!

 

 

Bump anyone?

Fzrkitten

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Does anyone have a final court date set around end August/ September that has been settled already?

 

Just because I've had to send the non-compliance final letter to the judge, been completely ignored by Lloyds, and no offers, nothing. When I phoned SC&M they just asked when court date was, which makes me think that's what they hold out for, no matter what directions are (I had disclosure directions).

 

Any thoughts anyone?

Fzrkitten

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Just got in after 4 x 12hr night shifts!!!! Missed out on news on the threads. I replied to Christina briefly yesturday that I think you both will possibly get the case struck out in your favour for abuse of process. But it may take time.

Good luck must go to bed!!!

Night Owl

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Does anyone have a final court date set around end August/ September that has been settled already?

 

Just because I've had to send the non-compliance final letter to the judge, been completely ignored by Lloyds, and no offers, nothing. When I phoned SC&M they just asked when court date was, which makes me think that's what they hold out for, no matter what directions are (I had disclosure directions).

 

Any thoughts anyone?

 

Our date is 22nd August and we have heard nothing despite directions, nudge letters being sent. We started the claim at the beginning at the beginning of the year so it really seems to have dragged compared to how quickly they now appear to be paying out. Looks like we were unlucky in the timing when we filed the claim.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Hi Dolly,

 

Same kind of time scale for a few of us then, guess it's just waiting now. Judge will have got my letter today, see what happens from there.

 

Good luck yourself too!

Fzrkitten

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Hi all, I'm not at home right now, sunning myself in a foreign country, so might not be able to answer much this week.

 

Hope you get something in post soon, I'll have to wait til I get home!

 

xx

Fzrkitten

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Help please anyone? - just back off hols, phoned court as hadn't heard anything. They say an order is in the post - I've been re-allocated to fast track for a 'case management hearing'.

 

Got to wait for order to turn up to see what it actually says - but any ideas please - worried now as I thought it was all over bar judgement, sent the letter to the judge before I went on hols to ask for further directions etc (wish I hadn't now!).

 

Hol was ace thanks, didn't want to come back!

x

Fzrkitten

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Help please anyone? - just back off hols, phoned court as hadn't heard anything. They say an order is in the post - I've been re-allocated to fast track for a 'case management hearing'.

 

Got to wait for order to turn up to see what it actually says - but any ideas please - worried now as I thought it was all over bar defence being struck out, sent the letter to the judge before I went on hols to ask for further directions etc (wish I hadn't now!).

x

 

 

Bump Please - I'm really worried about this, does anyone know what it means with the OFT case as well - ? Please help.

Fzrkitten

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Thanks Michael, I'm gutted. Thought this was all over with the letter I sent before hol, was expecting a strike out. Has the test case happened then, or is it going to take ages do you know? See, you go away for a week and it all happens!

 

Thanks,

Fzrkitten

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Michael, sorry, just read bookworm's post - I already had directions of disclosure from the judge, to which Lloyds didn't respond, and I put in first letter of non-compliance before holiday just over a week ago. I rang the court today, and they told me the judge is issuing these new directions for fast track. surely it shouldn't have got that far, can I still send second letter of non-compliance anyway, (before I receive the judge's order in the post), and see what happens? I was expecting to be able to apply for judgement, do you still think this means a stay? I know I have to wait for order, and will post it up when I get it, just a bit worried still.

 

Thanks again,

Fzrkitten

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Subscribed.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Quick update - nothing in post today (think striking).

 

Just realised I had actually sent both of Gary's non-compliance letters, and should have sent letter for judgement but was on hol. When I got back I phoned court, and they said about this new order, but as I haven't received it, could I still slip in a judgement letter do you think?

Fzrkitten

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Hi,

 

Just received new order from judge, after original disclosure order and 2 non-compliance letters (should have been over now!).

 

It says:

 

It is ordered that:

 

1. This case is re-allocated to the fast track.

 

2. The hearing fixed for ..th ...... shall be treated as a Case Management Conference if the case remains defended.

 

3. Formal application is required for an order from the Court.

 

4. This order in part or in whole has been made on the application of one party without notice to another and on the courts own initiative. Any party affected by it may apply within 7 days of service of it upon him/her/it to have it set aside varied or stayed.

 

Help please. (It doesn't say that - that's me!).

Fzrkitten

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This is very strange. It looks like the court have basically bottled it.

 

How much is the claim for?

 

If it were me I would contest the order using an N244, making a request for a strike out on the same application.

 

Up to you though obviously. Are you happy for it to proceed on the fast track?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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This is very strange. It looks like the court have basically bottled it.

 

How much is the claim for?

 

If it were me I would contest the order using an N244, making a request for a strike out on the same application.

 

Up to you though obviously. Are you happy for it to proceed on the fast track?

 

Ah, this is where I become very pink and girly and need help. I have no idea what to do next, really do need direction, right down to wording things!

 

Claim is for over £8000 (including interest).

 

I don't know about the fast track, I thought they would have to disclose if it went that way, but I guess they will now just apply for a stay? Want to get something in to court very quickly if I am to contest before they put in for a stay.

 

Thanks v much,

Fzrkitten

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