Claim STAYED - HELP PLEASE....

[querkyone]

Letter received from Court stating:

 

"Ex-parte

 

IT IS ORDERED THAT

 

1. The action be stayed until 22nd June 2007 or until further order: the stay will also afford parties an opportunity to try to settle the matter without a court hearing. YEAH Right!

 

Liberty to apply to remove/extend the stay

 

File to be referred back to the Ditrict Judge by 22nd June 2007

 

The Order was made on the District Judge's own initiative pursuant to CPR Part 23.8. If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it, pursuant to CPR 23.10."

 

I think I should apply to have the stay set aside, but unsure of the way to go about this, i.e. wording of the letter etc. I feel DG have had plenty of opportunity to settle - Initial Claim, LBA, MCOL submittal, 3 x Nudge letters, ALL of which have received no response.

 

Could someone offer some words of wisdom please??????

 

Querky

[lateralus]

think you've answered you own question. you could certainly try, i don't see any harm.

i'd write the court a letter - including copies of the three nudge letters you#ve written, making it clear these are all from the time period after they have finally filed their defence; stating that you are trying to reach a resolution and they have totally ignored you and you feel that they have absolutely no intention to do anything except wait until a court date gets close and then to make an offer. You might tell the judge that to forgive you if this isn't the way it is done but that the only legal help you are getting is from a grass roots organization where hundreds of people tell how their cases are going; and that you have seen this time and again where the banks just stall until they are forced to make an offer just before a hearing date to avoid going into court. Tell the judge that you feel they are playing the courts to their advantage. You are acting perfectly reasonably, you aren't a legal person, just a little guy asking for his money back.

who knows what the judge might do - but it won't be a bad thing.

and keep nudging. i'd love to hear what the judge says back. keep posting.

someone else might think differently but that's what i'd do.

[Rayne]

I see where ur coming from asking for the stay to be set aside, certainly DG have had ample opportunity. Maybe ring courts on Monday morning and ask their advice? Dunno this is a new one to me, perhaps one of the mods or site helpers could fire something in here...over to u Lattie (btw that just cost u a tenner for the referral lats )

[Rayne]

rofl u beat me

[lateralus]

so, no tenner!

[Castlebest]

Maybe spend a week bombarding DG with phone calls, email and letters saying you are acting under the Judges Orders and want an offer.

 

Make a record of everything, times and dates of calls, copies of email and letters and send it in with your application to have the stay removed with something along the lines of I have tried but DG dont want to know.

 

THIS ONLY APPLIES TO PEOPLE WHO HAVE HAD DIRECTIONS FROM THE JUDGE TO SETTLE BY A SET DATE

 

pete

[querkyone]

Lattie / Rayne,

 

Thanks for the 'advice', think a short call to a Lady I 'know' (only as spoken to her twice already) ;-) at the court is due Monday morning and then a short but succinct letter stating all of the above to the Judge, along with all previous letters and maybe a list of settled claims from HSBC from the Lit settled section, and well then see what happens.

 

If nothing else it is a wait until 22nd June 2007 or a full offer from DG - anyone want to make a bet on which comes first?

 

I'll keep you all updated as I think this could be a regular thing

 

Querky

[querkyone]

Castlebest,

 

That is an excellent idea.

Will try that actually.

 

Can send emails and phone calls to hearts content from work ALL week!

Record the lot and say to Judge "Look at what I have tried!" all to no avail - or - hopefully Full offer received.

 

Shall update.

 

Querky

[Rayne]

Querky I think if u record phone calls u need to inform the person on the other end at the start of the convo that ur recording. I might be wrong on that one but I'm reasonably sure, otherwise anything used in it I think is inadmissable...or something along those lines. Hell, I may even have got that from Inspector Morse or something for all I know lol

[lateralus]

when all you are going to get is voicemail - does it matter? sounds perfect.

 

 

hey, quirky - i've just seen your other thread - the one with the angry judge being upset because a bank was wasting his time - just march right over to that thread - take a few hints from the wording as to what the judge was upset about and put them into your letter! good article!

[smartmartian10]

At what point was the stay issued? after expiry of MCOL did you request a judgment by default?

[lateralus]

according to his signature in the first post - about 3 weeks after the transfer to local court. just read your thread srmjmm. very informative - you did well. hope it makes them come up with an offer quickly for you.

[smartmartian10]

Missed that lateralus well spotted.

 

And thanks, I hope so as well.

[manicblonde]

Hello

 

the lady at my local court told me that my case had been stayed pending a test case. I have yet to receive notification of this. I have rec a letter saying trf to civil justice centre and rang them to find that the case had been listed for 14th August!!

 

I was thinking of wiriting to my local court to ask if the case could be trf back there to be heard but not sure if this can be done?

 

Sorry but I am fairley new & not sure if I should have put this post somewhere else!!

[givememymoney]

manic click this button to start your own thread

[Castlebest]

Rayne, record as in a written record of the calls you make "I phoned them on the xx of April 2007 at 09;00 am and left a voice mail message to contact me" or whatever ... there will be no point doing a voice recording because all you will get is the voice mail recordings they have left. Its just proof you have done everything you can to get yourself and DG out of the Judges hair.

 

 

Manic, go read the article on quirky's other thread, it has details of a mass pre trial review which is what I think you are looking at with your claim, the Judge dealt with something like 30 cases in a day, different banks all paid, one was worth £12,000, I like his style Judges can be cool too

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85843-judge-attacks-time-wasting.html

 

pete

[querkyone]

All, here is what I intend doing:

 

Monday:

3 x Emails, 2 x Phone Calls

Tuesday:

3 x Emails, 2 x Phone Calls

Wednesday:

3 x Emails, 3 x Phone Calls

ALL above staing the same thing: "Basically, you (HSBC/DG) owe me £xxxx, how do you intend to settle this dispute without a court hearing?"

 

I see the above having one of 2 conclusions

1. They give full offer!, or

2. They refuse to speak/email etc back!

 

Come Thursday, I write to Judge stating ALL above, plus ALL previous attempts have been exhausted with no resolution and request the "Stay" be set aside, also Defence struck out as abuse of process.

Will include all information regarding settled claims to date etc.

 

Anyone see any problems with this? I need to do it like this as the Judge has only allowed 7 days from 26th April 2007, to 'contest' his order for a stay.

 

Querky

[givememymoney]

I would be careful that you don't overdo it. That sort of volume of calls/emails could be seen as harrasment so take it easy.

[Rayne]

gmmm is right there - too much can be counter-productive and actually hurt ur case more than it helps

[Castlebest]

Give, Quirky has been directed by the judge to try to settle his/her claim (see Tom's thread post 261 onwards) this is just doing what the judge has instructed.

Looks good Quirky go for it and good luck.

pete

[lateralus]

and throw in a letter for good measure - i've just finished another nudge letter for these two threads - When you have filed your AQ................

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

i know you think you won't get an answer within 7 days - but write/date it today and then at least it's in april (looks better) even if you don't get a reply. i know in your first thread you say what you've done already - and it's just something to add to your list. i'd say send copies of the letters you've sent when you write to him, as well.

[Castlebest]

If you don’t get an offer next week I think the crunch will come when you write to the judge and ask him to set aside the "Stay" and strike out the Defence as abuse of process.

I'm in two minds whether you should copy this to DG or not, if you do it gives them some running around like headless chickens time and maybe they will come up with something to dissuade the Judge, although I cant think what, on the other hand, if they have any sense they will bang out a full offer by return of post.

Hopefully we will have a few other thoughts on this by the time you write this letter.

pete

[querkyone]

After a bit of advice here people.

 

I have decided to follow the - Couple of emails and Phonecalls a day route prior to writing to the judge and asking him to set the Stay aside.

 

Now the issue is - Do I put in the Subject of an email "WITHOUT PREDUDICE", or would this stop me divulging this to the Judge as evidence of me trying to resolve the matter????

 

Anyone who can answer quickly would e most appreciated.

 

Querky

[querkyone]

Email sent to ALL at DG this morning, reads:

 

"Rachel,

As you are no doubt aware, the District Judge at Gloucester County Court

has ordered a Stay be placed on this particular claim, to allow the interested

parties, i.e. HSBC and Myself, time to resolve this without need for Court intervention.

As such I would respectfully request that you consider at todays Date - 30th April 2007,

the claim amount is £xxxx.xx, with interest being accrued at £0.xx per day until resolved.

With this in mind, I would respectfully request that you make myself an offer

of £xxxx.xx. If this offer is received and monies paid into my account at HSBC, then I

shall inform the Court that this matter has been resolved and to cancel the claim.

I believe the District Judge would look on your intention to settle this claim, without

wasting further court time and resources, favourably.

Please inform me of your intention to settle this claim with the utmost expediency by

replying favourably to this email or call me on xxxxxxxx.

 

Regards

 

Querky"

 

Thoughts anyone?? Also called and left message to the same effect. Hands up who thinks this will have absolutely no effect whatsoever??

 

Does anyone think I should inform DG that I intend to write to the Judge and request the Stay be put aside???

 

Querky

[Castlebest]

Hiya Querky, I would leave out the "without prejudice" because you are not saying anything you don’t want the court to hear, quite the opposite in fact.

You are doing what the District Judge has asked you to do, try to reach a settlement, and you are going to let him know what you have done, there is nothing that could prejudice your case in doing that.

pete