chelli v ABBEY £6k+

[livelylad]

Just go ahead and send the letter if they have not complied with the judges directions.

[chelli]

i have pm garyh this morning but not reply as yet

[chelli]

hi livelylad

I read on one of gary's post that the order should say 'must give disclosure.................'. But mine just states 'The parties shall give disclosure of documents together with a disclosure statement by 4pm thursday,2nd august

with a request to see original documents by 16th august

is this still ok?

[chelli]

hi bluewillow07

just read a couple of your threads

did the abbey put in a defence at the last moment?

[chelli]

Printed off my adapted letter re; non compliance to court directions. will post it to the abbey tomoro

Can only try I suppose:o. Will let you know how I get on

[ohoh4312]

p.s Everyone will be there to help you esp speedy fingers Ohoh4312

 

Hey, I am anything but - more like a two-fingered tortoise! (I know they don't have fingers, but it was the best analogy I could come up with at this time of night!)

 

Sorry I've not been here to help today (as if I could!) - but I was busy sending letters to MP's and to the newspapers!!

 

Filing non-compliance is not "just trying", it IS the way to go - they have failed to comply with the Order, which shows yet again their total arrogance and contempt of the Court system, and more importantly

their refusal to acknowledge that we, the little people, have for years been making their profit margins look so good. But we won't be for much longer!!

 

Hope I am not out of line there - sorry in advance if it was a bit OTT.

 

Anyway, chin up - we are all on your side

 

Lotsa luv

 

Jo xx

[ohoh4312]

Stupid signature thingy :o :o :o

[chelli]

Hi jo

 

Going to post the letter right now:rolleyes:

Criky you were up real late last night - i was only on the computer because i kept mithering about this letter. Thanks for the advice anyway. Will let you know how i get on - i will give them until the 16th aug and then send the next letter to the court.

 

two-fingered tortoise!:o urrrh not a pretty sight urrrrrrrrh!!!

 

michelle

XXXX

[chelli]

HI jo posted THE LETTER:rolleyes:

 

Can you post me the link so that i can email my MP who just happens to be THE HOME SECRETARY!!!!!!!:o :o :o

 

ta michelle

x

[ohoh4312]

Hi Michelle

 

Well done on posting THE letter :D

 

Hopefully I have done this right

 

This is the link to the template:

 

http://www.consumeractiongroup.co.uk/forum/general/108220-fsa-review-waiver-2.html#post1052238

 

Should take you right to it - post 38, I think.

 

Then if you post on here the name of the MP you have written to, as they are checking it off to see how many we can contact:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/108984-list-all-mps-written.html#post1056241

 

Let me know if there are any problems with the links, and well done for joining the crusade!

 

Lotsa luv

 

Jo xx

[chelli]

HI

just a quick up date.............................

I phoned the court today just because i was a little unsure where i stood with the Abbey requesting stays on every possible case that they can get their hands on. The clerk told me to continue with the directions ordered by the judge as she had not heard anything about any stays- OK NO PROBS ME IS THINKING However my only puzzle was that i had a feeling that she didnt even know what a stay WAS!!!!!!!!!!!!!!!!!!!

So now i have to just wait until the 16th to post the 2nd non-compliance to the judge....??!!!

:-| michelle

[chelli]

Hi

Posted letter to judge re:non-compliance. :-| No response from Abbey:rolleyes:

[chelli]

Hi

quick up-date

i have phoned the court and they have recieved my letter. However the judge has a backlog of paperwork to get through! Aparently he will send his response ASAP:( I asked whether there would be a chance that my case would be stayed and the clerk said it was really down to which judge i had:( :(

so no good news or bad news as yet:(

chelli

[chelli]

I have just recieved a letter from my courts and it states that:

 

" IT IS ORDERED THAT the defendant shall comply with paragraph 2(a) of the court order dated 21st June 2007 by 4pm on 24th September 2007 failing which the defence shall be struck out without further Order and the claimant be at liberty to enter Judgement"

oh my

I have Pm Garyh for advice

[GaryH]

Excellent news!

 

In answer to your PM - 1) No, they will certainly not disclose , 2) Yes, they may still apply for a stay.

 

Have you had any correspondance from them regarding a stay at all, or have they contacted the court?

 

Anyway, for now carry on complying with the order - your witness statement needs to be in by 13th. Use this one -

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/103771-abbey-court-bundle-witness.html#post983818

[chelli]

hi gary

The only notice with regards to a stay that i have has been the general letter that every one seems to have recieved since the OFT case was started. They have not contacted my court regarding my case as yet. My court is undecided of the stay issue - some judges are for it and some not. (lets hope mine is the 2nd option)

I have nearly completed my witness statement- will drop it into the court's tomorrow. Can i ask a silly question re-witness statement. Where it says EXHIBIT is that items i have to send or as a reference to my court bundle

thanks

michelle

[GaryH]

The exhibits are the items listed on your disclosure list - so the reference numbering should correspond. No need to send in the actual documents at this stage, just the witness statement.

 

Remember to send a copy of the witness statement to Abbey as well.

[chelli]

thankyou

got the Abbey's envelope ready!!

will let you know of any news asap

thanks again

michelle

[chelli]

HI

Just to give you the bad news our case has been stayed. We rang the courts this afternoon to find out if the defence had been struck out and we were told that the case had been stayed until feb08. I Am Really Annoyed that the court can be so fickle when it comes to law and the abbey because if it was me breaking the rules i would have been struck out without question.

Any suggestions from out there or do i just have to wait until Feb08??

[GaryH]

Grrrrrrrrrrrrr!!!!!!!! So annoying, not to mention unfair!!!!

 

I think that you should not apply specifically to remove the stay, but to simply set-aside the order. You have grounds IMHO to request that the sanction in the original order is carried through under CPR 3.8.

[chelli]

Hi just a quick question

Now that my case has been stayed do i need to continue on with the direction of the order.

thanks

chelli

[GaryH]

Nope. Not until the stay is lifted.

[GaryH]

Not promising anything, but try this;

 

[your address]

 

 

The Court Manager

XXXXXXX County Court

[court address]

[court postcode]

 

 

 

[date]

 

 

To be placed before a District Judge

 

 

Dear Sir/Madam

 

[you] -v- Abbey National Plc

Claim No: XXXXXXX

 

I have recently received confirmation from this court that the above claim has been stayed as of [date].

 

In view of this, I wish to respectfully draw the courts attention to the fact that the defence should already have been struck out on 24th September 2007.

 

This court in an order dated 21st June 2007 directed both parties to make disclosure by 2nd August 2007. I filed my disclosure list and statement on time. The defendant failed to comply.

 

This court then issued an order dated [date] which obliged the defendant to comply with the original order by 24th September. The order contained a clause that in default the defence stands struck out without further order.

 

The defendant again failed to comply, thus pursuant to CPR part 3.5 and 3.8 the defence should indeed have been struck out without further order. Part 3.5 provides as follows;

 

“3.5 - Judgment without trial after striking out

 

(1)This rule applies where –

 

(a) the court makes an order which includes a term that the statement of case of a party shall be struck out if the party does not comply with the order; and

(b) the party against whom the order was made does not comply with it.

 

(2) A party may obtain judgment with costs by filing a request for judgment if –

 

(a) the order referred to in paragraph (1)(a) relates to the whole of a statement of case

 

(4) The request must state that the right to enter judgment has arisen because the court’s order has not been complied with.”

 

 

Furthermore, CPR 3.8 provides as follows;

 

“3.8 - Sanctions have effect unless defaulting party obtains relief

 

(1) - Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless the party in default applies for and obtains relief from the sanction.

 

 

In view of the above, the claimant respectfully submits that the striking out sanction contained in the order dated [date] should indeed have had effect pursuant to CPR 3.8(1), and accordingly I attach a request for judgment to be granted pursuant to CPR 3.5 and the order of [date].

 

Alternatively, please be so kind as to provide an explanation as to why CPR 3.5 and 3.8 does not apply to the defendant in this case.

 

 

Yours faithfully,

 

 

 

 

[You]

Fill in the dates and other details and fill in and attach this -

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

[chelli]

Thanks Gary i have posted a letter to the court

Fingers crossed

chelliXX

[chelli]

CASE STAYED

GREAT