Oh The Audacity of DG

[lateralus]

i can't help but think it's a huge gamble for the banks - but then they were slowly being buried in an avalanche of paperwork at the rate it was expanding. if it goes against them - and logic tells me they would have flat out refused a long time ago if they were in the right - so, i'm thinking this agreement to abide by a high court decision could be paramount to the world's largest shooting one's self in the foot ever seen! (i sure hope so) - what fun it will be to watch them scramble to comply on all the cases which will be log jamming the system! if i worked for dg - i'd quit!

[Audreygreeneyes]

Yup good points Pete, and ye sI agree with you Lattie a massive gamble and one I believe as I said the other day they will have struck a deal and it will be that only the actual charge can be recovered and not hte interst....... thus limiting the amount the bank losses.....

 

Now all you clever people I need a little help here, the deadline for my representations to the court is the 2nd August at the latest.........now should I submit a mini court bundle? or the full buhuna??? and what should be included if it is the mini? also some help on having it struck out.....

 

they were ordered ont he 15th may top serve on both the court and myself details in which will determine the issues in this claim.........

 

they failed to do so, by my mind they have just excluded any form of defence against me even if it is a test case. they cannot apply this new ruling as their deadline was days before fridays application....

 

also if DG did know in advance the oft were doing this theb they should have applied for a stay and cant do it retrospectvely....

 

now some help would be appreciated what representations should be made to the court? all ideas and suggestions most welcome:D

[lateralus]

those new poc's for the n1 would make a fine witness statement -

anybody else think so?

i'd keep to the dates and without going back to search - what did the directions ask for to be submitted by the 2nd?

[Audreygreeneyes]

where are the new poc's Lattie ( you know me )

At this hearing the Court will consider either

A to stay the calim pending the decision in a test claim involving the defendant or

B to give directions for this case to be heard as a test case and if nec reallocate blah blah

 

notless than 14 dyas before the prelim hearing the defendant shall file and serve with the court adn the claimant details in which will determine the issues in the claim. Alternatively the defendant shall file with the court and serve upon the claimant draft directions for this case to proceed as a test case.

 

they have done none of the abve and the hearing date is the 7th so they have missed their 14 day deadline on all accounts:D which means they cannon submit anything......they also failed to submint the draft directions for it to proceed..... double whammy

 

sop my thnking lattie is it has to be struck.......... they cannot apply friday's news retrospectively....... they have had 12 weeks to comply.......I even sent them a registered letter with 14 days to go and they still missed it........

 

all I have been asked to do is ... The claimant may make any representations to the court in writing provided these are received by the court and served on the def not less than 5 days before the prelim hearing..If either party is prepared to abide by the decision of the judge as to the directions to be given, that party is excused from attending the prel hearing..

 

and the usual standrad notes at the bottom

[lateralus]

in my siggy or in the sticky's

 

i'd talk it over with pete - it might be an idea to cut a stay off at the pass by stating in a letter to the judge what you've put there - it makes perfect sense to me. maybe even to ask for a strike out on the grounds that they haven't done diddly.

the court stuff messes with my mind - see what uncle pete has to say. (i've just pm'd garyh with a similar question - how and where to use the new poc's to our advantage when you sent the old ones - if he gets back - i'll let you know what he says)

[Audreygreeneyes]

thanks lattie here is what i sent on on wednesday

 

ok here is the draft for the court as DG failed to serve by the due date what do you think????

 

 

 

I write in relation to the matters as detailed above, and specifically the order in proceedings made by A Proper Officer on 15/05/07.

 

Since you wrote to the defendant with regards to the claim as detailed above, they have to date, made no attempt whatsoever to engage in dialogue, and all of our letters to them over the past 4 months have not even been afforded the courtesy of an acknowledgement.

 

We are aware that to date the banks have failed to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily. We first contacted HSBC in January 2007 and it is now July 2007 and feel that 7months is more than a reasonable length of time and as such accordingly, I hope the court will be minded to consider the following case management proposals, and respectfully request that an order may be made as follows

 

• That the Defence is struck out as an abuse of process, pursuant to rule 3.4(2)(b) of the Civil Procedure Rules.
   
  On the basis that the Defendant has filed a template defence then subsequently settled each and every other claim of this nature.
   
  Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

It is submitted that the defendant’s litigation strategy is flagrantly abusive of the public resource, and further, contrary to almost all of the Overriding Objective’s of the Civil Procedure Rules. It is respectfully submitted that the Defendant will continue to conduct litigation in this manner for as long as it is allowed to do so with impunity.

 

Please find attached a copy of an order made by Lincoln County court, in at least 6 cases similar to my own, in which Abbey Plc were the Defendant's. The court considered the authority of Mullen-v-Hackney London Borough Council (1997)2 A11ER 906 to be relevant. If this honourable court also considers this authority relevant, I would respectfully request that the court applies its special knowledge of the defendant’s notorious and well established conduct in similar cases when considering order in the present case. Please find attached the case to which I refer

 

 

I would aver that if the Defendant has the serious intention of defending this claim at trial, as is indicated by its defence, then it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature.

 

We ask the court to award judgement in our favour given the exhaustive lengths we have gone to in order to resolve this issue without the courts involvement and the defendant’s blatant refusal to adhere with the court order of the 15th May 2007.

 

We ask this matter be treated with urgency as the court date is the 7th August 2007 as we have until the 2nd August 2007 to make any representations to the Court we may wish to be considered in the Preliminary hearing, obviously if the judgement was awarded in our favour there would be no requirement for this.

 

asking jsut that as they have faile dot meet the corts deadlines.......

 

will wait for Unlce Pete to have a look see.......... ( just hope there ae no spelling mistakes in it)............lol

[lateralus]

it looks good to me - what about cutting off the stay possibility with a sentence like how it would be

most unfortunate if the banks were allowed to manipulate the system to their advantage by requesting a stay in connection with recent events reported by the media. It would seem the equitable ruling to disallow a stay when the defendant has done absolutely nothing to reach a resolution on this matter over the past xx months rather than to reward such lack of regard for the court and the claimant with a stay of any sort.

 

that probably needs some polish on it - it's off the top of my head and not particularly thought out - i'll leave that to you and pete - but the idea is there.

[Audreygreeneyes]

thats a bril idea lattie.............. the abvove is the one that was handedin on wednesday ...... I will revamp it staking outt he stay and putting in what you have said and submit it as part of my representation to the court..............

[lateralus]

better let someone else type it!

[Audreygreeneyes]

oi you I typed the one above for the court the other day................lol............ am not as bad as the terrible twins make out you know...............lol... ohhhhh wait for the reply from them........

[lateralus]

just had a pm back from garyh - says new witness statements will be available in a week or two - so not much good to you.

 

if you like - you could pm him and tell him where you are at in a couple of sentences and see what he thinks of your letter - he's really the man when it comes to the court side of things and what to send - also very busy - but he will get back if he can.

[freakyleaky]

........... am not as bad as the terrible twins make out you know...............lol... ohhhhh wait for the reply from them........

 

Not as bad???? No your much worse than that!!!

[Audreygreeneyes]

Thanks Lattie , might just do that, see what he suggests:)

[Audreygreeneyes]

oh am I freaky.......see your twin is to chicken to say owt...........lol.

[Castlebest]

I dont need to comment you do it all for me Auburn

 

and the legal stuff for your claim looks good too... last paragraph

 

We ask this matter be treated with urgency as the court date is the 7th August 2007 as we have until the 2nd August 2007 to make any representations to the Court we may wish to be considered in the Preliminary hearing, obviously if the judgement was awarded in our favour there would be no requirement for this.

 

I would reword this to make it your representation because I dont think a Judge will get to look at it before the court date now.

asking jsut that as they have faile dot meet the corts deadlines.......

 

will wait for Unlce Pete to have a look see.......... ( just hope there ae no spelling mistakes in it)............lol

Sayin nawt

pete

[Audreygreeneyes]

hahahah Pete,

 

that is the letter I sent in earlier this week, going ot do what lattie says. pm garyh and also tweak that a bit.......... will post it and see what you lot think.........just wasnt sure if a mini court bundle shoudl be included and if so exactly what shoudl be in it...............lol

 

thanks youl ot:D

[Audreygreeneyes]

have pm'd Gary Lattie so hope he can shed some more light on how to approach this....... am off into the library to make copies of all my recorded del and reg letters and faxes..... was thinking of putting them in just to show how often I had made contact........

 

With regards the letter taken in the other day, they told me it was nto worth paying the £35 as the judge would not see it till the 3.8.07 and the hearing is the 7th......

 

at my court they do not have a judge sitting every day and also they felt even if it was sent out to one it was unlikely it would be back in time......

 

as I have'nt said this for a while................ no news from DG.......lol

[freakyleaky]

Library open on a sunday? Well I never knew that! Good luck Age!

[Audreygreeneyes]

yes all librarys are open on a Sunday apparently freaky...........

 

Pete thanks for the comments last night.......... and my typing transpositions:)

[Audreygreeneyes]

will re draft it and post it for comments............ all that I copied today are the receipts for the recorded and reg letters to DG and received copies of some of the faxes.........

 

I havent printed the letters themselves, my thinking that proof of posting and fax for representation would be enough what do you guys think?

[freakyleaky]

Well really they could be receipts for anything! You should have a copy of what you have sent to back them up! I would think so anyway!

[Audreygreeneyes]

They have DG's name and address on them and are dated freaky!!!! remember mine is not a court bundle.. it is only if we wish to make any representations to the court........... all I am showing is the amount of contact I have made with DG.

 

But if you think the judge will want to see not only the receipts but the letters as well then I will print all of them off..

[freakyleaky]

Auburn, this is only my opinion. I tend to have a logical sort of worst case scenario approach to stuff. The way I see it, if dg were to turn round and say all those letters you sent them were blank pieces of paper then you could not refute that with a bunch of receipts!

They would probably not try and dispute the contents of the letters but I always think, if it can go wrong, it will go wrong, so cover your back beforehand!

 

I really am not trying to create unnecessary printing for you!

[jowalshy]

I agree with FL. I would print off the letters and attach the receipts aswell.

[Audreygreeneyes]

ok fair point freaky I will print off every l;etter I have receipts for and the ones in the very early days that I didnt .............