Court have ordered a stay...

[gav6280]

I know im not supose to do this with regards to froum rules and double posting, but this is off track a bit from my original thread below where i already posted this.

 

 

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]

As I said,

 

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!

[querkyone]

Gav,

 

Ah the most wonderful Judge Singleton and his Stays.

Letter looks fine to me, although a little on the agressive side, but as Freaky states, you're just stating facts, so shouldn't be a problem.

 

Let us know how this is taken by DJ Singleton. I requested precisely the same thing last week and am waiting to hear what he thinks and orders.

 

In the meantime, have a beer and put your feet up, it will be a long wait me thinks.

 

Querky

[gav6280]

so it sounds like Judge Singleton can be a bit tricky, anyone else here have a hsbc case with the same judge ethier in progress or won?

[querkyone]

Anyone at all..........???

 

Looking for positive information on Judge Singleton of Gloucester County Court.

 

If we can get as much information on what he accepts, what he will throw out and build a profile of cases and how he has acted in each, it will make all our lives that much easier......

 

Get to work peeps and report here or even start a thread on DJS of GCC.

 

Querky

[querkyone]

ALL, Movement at long last!

Just had a call from wife at home and post arrived - with a lovely letter from the local court.

 

Request to have Stay set aside is granted and a court date of 5th June 2007 is set.

 

Using this as a big bat to hit DG with, I have immediately sent of a BIG nudge, to say give me an offer.........

 

See my other thread for the nudge email sent to DG.

But it seems that the Local DJ in Gloucester is open to 'suggestion' regarding having stays lifted and then gives a quick court date if/when you fail to resolve the matter.

 

From what I can see, this guy (DJ) seems to be well and trully on 'Our' side.

 

Querky

[freakyleaky]

Wow! Thats quick for a court date. Mine was filed on 24th feb and got a date for 20th June.

Yes, use that in nudge but I would send in letter form recorded delivery aswell as email. Its to easy to delete an email and they have to sign for letter.

Good luck, I think you will have an offer soon:)

[gav6280]

querkyone do you have a copy of your big nudge, i think im going to need it to.

[querkyone]

Gav,

 

Very simply.........

 

"

Rachel,

As you are no doubt aware, Judge Singleton of Gloucester County Court has ordered the previously ordered Stay to be lifted and set a court date of 5th June 2007.

 

In a final attempt to resolve this matter prior to 'wasting' the court's time, I would ask that you give this matter your utmost attention and provide me with an offer of full and final settlement.

 

I am willing to accept an offer of £4754.00 in full and final settlement of the claim. Please respond with your willingness to offer me this amount. Only when cleared funds are in my account will I instruct the courts to cancel this claim.

 

Best Regards

....... etc etc."

 

Don't see the need to put about them being busy people - guess what so am I, so give me my money back! - or about courts looking on this favourably etc. I think the tone of the order and the very quick court date suggests the Judge is on my side, hence short and to the point.

Emailed earlier, just faxed it to them and a letter with those words above also in an envelope ready to be sent recorded.

 

Then what shall I do? I intend fully sitting back and waiting for the offer - if it does not come then I'll stand in fron of the Judge and give him my full case, plus ALL correspondance to show I have tried - and wait for judgement! Oh how I hope I get to send in the bailiffs!

 

Querky

[gav6280]

Got it all typed up ready, cheers.

 

So if an offer doesn't come, when you planning on printing of the court bundle? You been to cort before, i have not and will be bricking it if gets that far.

 

Also do you know if it gets to court can you claim back all the postage, and the 100's of hours of research and work that it has taken so far to prepare and bring your case to court?

[querkyone]

Intend printing out a bundle approx 1 week before the date, give or take.

That said I think I'll give the court a ring and ask if it is required as the Order states this is for a pre-trial review and is to be "Conducted in person and NOT via a telephone conference!"

 

My gut feeling is the Judge wants to make sure they either turn up and present to court OR make an offer prior OR he strikes them out. Each will give the Judge reason.

 

I think if they turn up, then fine. BUT if they either offer at last minute or just don't bother to turn up and get struck out, I will be asking for further costs etc. I can't see the Local Judge not giving me these in this instance as he may very well want to send a message of not messing with HIS court.

 

NOT ever been to court yet, but I sure as hell can't wait and dearly hope DG turn up so I get my chance to put them on the spot - in reality though, this is not going to happen.

 

Querky

[Castlebest]

We have various phrases emerging regarding these preliminary court dates "Pre Trial Review" ''listening hearing'' etc etc, it may be worth phoning the court just to check what will be expected by the Judge on the court day, the court staff are generally all very helpful.

If you do do a claim for your expenses by all means make it as much as possible but also keep it sensible. Your District Judge may well want to send the banks a message about messing with his court but he will also have to be seen to be fair, lets try to make his life easy and give him some decent ammunition.

[querkyone]

CB,

 

Couldn't agree more. The more and more I read, the more i feel the local Judge are simply saying that the two Parties (Claimant and Banks) need to both attend Court to have a little 'chat'. The Judges know full well that the banks won't come, which is why we're starting to see quicker and quicker dates given - basically Judge says to Bank "Make an Offer, OR come to MY court and explain your stance to me!". At end of day, the Judge gets us out of his schedule or he strikes banks defence out - end of story.

 

And as far as the expense side of things - I don't think it will happen alot, but I think some Judges will use it as a way of giving banks a warning. If anyone has a date in the near future, ask for expense (damages) as I think the courts will award these in the short term - I fully intend requesting should DG not offer me a FULL settlement (down to the penny!).

 

Querky

[gav6280]

Good news today DG sent me a letter offering the full settlement. But as usual they do not admitt any liablity. As i know that's not the end of the story though. Now i have to get it. Im sending a copy of the letter to the court so as they know whats going on.

[querkyone]

I am starting to get a little annoyed with DG.

Have I upset them in some way?????

 

I mean, quite alot of people are getting offers, even though I am ahead of them in the grand scheme of things.......

 

Frustration doesn't even begin to explain it

 

Querky

[gav6280]

Dont worry you will get your offer soon, if it helps i could meet up with you next week in gloucester so we could compare each others case?

 

Planning on sending this out today, you think it's alright?

 

Claim no: 7QZ16127 Filed on: 09/02/2007

 

Rachel Tomlinson,

 

Thank you for your recent proposal of the 14th May 2007. I gratefully accept your offer as full and final settlement of £1150.00 for this claim.

 

I require you to refund the above stated amount, representing the total, unlawful amount charged during the last 6 years by cheque.

 

I hereby give you 14 days to refund the charges. This claim will continue until a final settlement is reached.

 

Please kindly acknowledge the receipt of this letter. This letter has also been copied to the court.

 

Sincerely,

 

MR. G.Wilkinson

[gav6280]

Got another letter from dg saying i will get paid in 7 - 10 days. Also on friday i got a letter sayoing my stay was removed and that pre trial review has been set fot 4rd july.

 

So looks like everything is finally coming to a conclusion. After many months of worry, 100's of hours reading, researching and letter writting. Im finally going to be getting my money back. So a big thanks to everyone who has helped me, you know who you are. Don't worry though, now im more experianced and in the know, im going in for a second round as soon as my money is bagged.

[Castlebest]

Well done Gav another one won !!!

Remember to give your details to one of the mods so your case gets added to the settled claims thread for use as weight of evidence for people following you

Querky Paitence is a virtue

 

pete

[lateralus]

well done and congratulations!

i don't know why but they seem to settled the ones very quickly who had the stays removed - maybe they figure you know what you are doing and it's no use dilly-dallying. whatever - job nearly done!

don't forget once the money arrives to write to the court and tell them to consider it closed and thank them. and as pete says - it's important to send a mod your details as it helps the data base.

again, well done!!!!

[querkyone]

WELL DONE, very pleased for you.

Situation with mine is that I have (Eventually) got an offer, although only approx 80% due to what they deem as some charges outside 6 years. Have rejected outright and quoted limitations act to them, i.e. quoted part with concealment etc.

 

Sent that last week som may get an offer before court date (5/6/07), but if I don't then I'd expect to be in court with Judge and me only.........

 

Querky

[gav6280]

I can come to court with you if you need some moral support?