Oh The Audacity of DG

[lateralus]

i wouldn't bother with giving them an ultimatum

just use it like sharongina says as part of a nudge. - they know the meaning - fingers crossed the judge makes it a direction - then their goose is cooked and they will make an offer - though they could take you to the wire like they have with a lot recently - making you file the court bundle - never mind - because once it's over - you can do the wasted time thing and claim for the time, paper, etc.

[Audreygreeneyes]

thamks sharon for your input and lateralus as always thanks. now am a little confused by the wordingin the draft......

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

am I right in that we both have exactly the same time frame 14 days. or is it that they have 14 days over and above the 14 I have....... hope got this right............

 

 

[Audreygreeneyes]

So how does this sound

 

Dear Ms Eaves

 

Please find attached a copy of a letter which has this morning beenhanded into the court........

[lateralus]

you are right - in the draft order we are asking the judge to make in a direction that we send our in and then they have 14 days to provide theirs - can't say fairer!

been handed - two words and proceed to put the nudge i will accept .....

[freakyleaky]

yes and send it together with another nudge!

[Audreygreeneyes]

Ok so if I have 14 days and they have 14 days + 28 in total........... yes?

 

I am saying i will send mine in with in 14 days. and then they have 14 days from them to sned theirs in?

 

sorry if i am being obtuse here...... but just want to make sure...........

 

they have to submit what the judge asked for by the 24th july at the latest anyway . so if it is 28 days.......... in total......... I may not actually gain anything............

 

If the judge doe sit with in this week........... 28 days from now..... 14-17 july...... if he takes until next week........ it coudl be beyond the original 24th........

 

so you can see why if we boith have the same 14 day period its ok.......... if its 28 . might not be worth it

[lateralus]

depends on what hearing yours is i suppose - haven't got time to look back now - but what's happening on the 24th and what were the directions for that?

 

 

ok, looked back - post 27 - that's just a prelim - i'd send the draft order

[Audreygreeneyes]

oh god the thought of a court bundel..... Tom just a passing thought, if you could black out the personal details on your letter and post it . it could be added to my court bundel showing the most current views of judges? what do you think?

[lateralus]

just do the draft order -

one thing at a time!

 

ok, you mean to go with it showing how the other judge is throwing out their defence - fine.

 

 

don't stress over the court bundle yet - he may not order it - and lots are doing it now - it's getting easier because we are more familiar with it now -

[Audreygreeneyes]

Good Morning Lateralus and everyone,

 

thanks for that, now legal jargon is very difficult at times to understand... so if the court grants the draft. I have 14 days max..... if I submit it in 5 and Dg have 14 days to submit.... I take ti their 14 days starts from when I serve and not the end of my 14? if I waited till the last day?

 

Sorry Lateralus I am one of these people that likes to be well sorted..... my train of thought was start printing of one full set of the court bundle starting now, so that if granted then all I need to do is have 2 copies done..............

 

This would cut down the time (my thinking), if one bundle is all prepared then if the order comes in as soon as it does, it can be served........ thus only giving DG a very short time.......

 

thanks for all the help and suggestions and support you are giving........ ( am begingin to feel a little liek freaky did)..........auburn

[Audreygreeneyes]

ok on my way into town to hand in letter to court and draft directions.............

[sharongina]

Hiya, Im just on my way to town to hand in my draft directions too!

good luck!

[smith5757]

Good Afternoon auburngreeneyes, very interest in your thread, as I applied for a draft direction, 10 days or so ago, and contacted the courts last friday to br told that both myself and DG will have 14 days to submit our case, after they have been posted out to us. Like you I am starting to prepare the bundle(must be well prepared in advanced) .Good luck I will follow your case with interest.

[Audreygreeneyes]

Hi Sharon ok been and gone an done it!!!!............

 

Hi msith, you do know I havent got a clue what i'm doing if it werent for lateralus and freaky and hte rest of this site...............

 

When I handed mine in just thought i would be nosey and asked the clerk if the draft is not given, how long after the prelim hearing are the cases being listed............ she went off to chekc...........

 

came back and said that none had gone beyond the pre lim hearing atmy court.........

 

oh smith that looks like a good move to me ( no expert) but you are both being given the same 14 days.......... which if I am grante dthe same. is good cos that would bering it forward by a good 3 weeks.........

 

havent as yet sent the nudge was going to wait a day or so.......... will draft it up later and post it for verdict.........lol.................. good luck sharon and the same to you smith:p

[sharongina]

Hiya,

The clerk at your court was more helpful than mine, she told me to put it in there letterbox! sent my nudge letter off to kate at D&G, and now its a waiting game again, its looking good if its not going past prem hearings maybe they are settleing before hand,

Im starting on my court bundle, im just going to copy out three lots of statements with all charges on highlighted 3x all correspondance for now just a start, Lat has just opened a new thread 'court bundles for dummies'

a really good step by step for court bundles

[Audreygreeneyes]

Anyone got a really storng nudge letter???? this is number 4 ( i thnk)......

 

court would not process the draft directions , as they are so busy and the time span between it being read by the judge and the date for their submission for the pr lim hearing onyl being 5 weeks.....

 

Also the judge said we could submit any thing we wish to be considered, any suggestion???? surely he doe snot mean a FULL COURT BUNDEL!!!!!

[freakyleaky]

Up to now the advice has been not to submit the bundle until the due date. I agree that it would probably not make much difference to the way the court handle things but maybe dg might consider it as game over and make an offer?

Don't know what you think but it could act as the best nudge so far!

Just a thought considering they are paying out on receipt of the bundles at the moment.

[Castlebest]

Well the court bundle would be seen as the last hurdle for you by DG, once thats been submitted there is nothing to stop you walking into a court room and demanding your money back. DG cant and wont do that so as Freaky says they might just view it as game over, its one hell of a strong nudge letter anyway

 

Untill someone tries it we wont know.

 

pete

[Audreygreeneyes]

Thanks you 2, only thing that scares me is the fact of giving them the court bundle early. if you see what I mean.........

[sharongina]

Auburn, if I recall you were at the same stage as me with the direction order, although your court is to busy, is it worth backdating a nudge letter a few days and send it in to D&G as a nudge letter saying you expect it to be granted, they dont know it hasnt been granted but it may push them into a offer which I think mine did, make out you sent it as a nudge letter the date you sent it in to court?

[leddochic]

Hi Auburn,

 

I'm in the same boat as you, sent my draft directions to court about 10 days ago and got a letter today saying judge is sticking with original court date, being 15th August, Started doing my court bundle bit by bit but unsure whether it's to early too !!!!!

 

Did send a nudge letter to DG today with a copy of my letter from the Financial Ombudsman stating that they are asking HSBC for all info relating to my charges and how they have run my account and hoe thay can justify charigng me and what loss it has been to them financially they have given them a month to get back to them.

 

I asked DG to ask their client if they could hurry with the info so it could be used in court [not sure whther I done right or wrong there ] but just thought if they have to answer to the FOS aswell it might kick them into making an offer.

[freakyleaky]

Auburn, I know what you mean about not wanting to let them have it longer than they need to but as long as the bundle is done properly surely they can't do anything more than either pay up or submit their own bundle? They won't submit their own so this leaves them with 1 other choice!

What do you think?

[freakyleaky]

Have you seen this auburn? Great read!

BBC NEWS | Business | Customers win back bank charges

[Audreygreeneyes]

Hi Sharon,

Thanks for that suggestion, am going to go with it and fax the stuff tomorrow and then will send it snaill mail monday. ma going to scan in the top page as I took 2 copies nad had it stamped by the court..........so they will know it has been submitted 7 days ago........ ( they will assusme that its pressue that is taking the time) and hopefully it will work liek yours............ you had the offer with the week didnt you?

 

Yes very frustrating led, only wish I had thoguth or know of it earlier. but hey ho.........

 

Very good article freaky. am going with Sahrons suggestion first. and if that fails..... then looks liek the "dreded court bundle".....

 

 

Havew you done a wasted courts claim yet?

am tempted to add in my nudge letter if it is settled and in my accout within the next 14 days, will nto claim wasted courts, orthersie the additional time and work involve din a court bundle ......... i will be going of the £9.25 per hour and claim the full 50 hours. although have spent much more on it than that...........lol

 

Thanks for all the help and advice

[pinkduchess]

good luck auburn

 

your posts are getting to harder to read

 

are you sure about the 50 hours???