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Hull CC Consider Striking Out Claims In Favour of Defendants!!


LoidPhil
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Just established that the MSE website is going down shortly for a revamp, so quickly copied a few of the important posts.

 

Starts with this:-

 

I posted a mesage a couple of minutes ago aking for help and then the potman came with this letter and i have no idea what to do now. the letter says:

 

Upon the courts own motion, The court has made this order of its own initiative without a hearing. If you object to the order, you mut make an application to have it set aside, varied or stayed within 7 days of recieving it.

 

IT IS ORDERED THAT

 

Thi matter be listed on 4th July 2007 at 3.00pm to conider striking out the claim as disclosing no reasonable prospect of success in the light of the recent deciion on Berwick v Lloyds TSB 15th May 2007

 

Dated 30th May

 

What doe this mean, whats happening, up to now i have followed everything from this site and i filled in the MCOL form uing statements from thi sie. Help i am so worried now that its jut going to be thrown out and im back to square one. Have i done something wrong? I am taking Lyods TSB for 2947 pound.

 

PLEASE HELP

 

 

Then amongst the subsequent posts is this from Martin Lewis:-

 

Specific answer to the penniless case.

 

This is quite a significant letter - I could churlishly suggest that the judge has seen Berwick but not actually read the judgement carefully. Unfortunately I think you may be one of those people at a significant junction in the whole thing.

 

There are a few things we could do with knowing.

 

1. Is this at the judges own discretion or is it at the behest of the bank's solicitors.

 

The main way to do that is to call the clerk of the court and ask. This really needs to be you or your legal representative. If you could call up and politely ask the clerk " Did the bank's solicitors ask for the judgement to be made or is it purely the judges decision - has there been any correspondence to the solicitors of the bank or would you send any copy to me."

 

It's also worth finding out if this happened to you or other cases are listed in a similar way on Tuesday. You could ask the clerk that.

 

2. What you need to do.

 

There are two options

 

a You need to appear in court on Tuesday properly prepared to argue the legality of this with the terms and conditions (the Consumeractiongroup.co.uk are putting together a pack on this).

b. You need to ask for more time to prepare as this is a substantial point of law. I am going to ask a solicitor friend to draft a wee 'more time to prepare note for you' in case you decide that option - which you can then send to the court - though as always there is no guarantee it will work (and no legal responsbility taken from it, it's just a suggested form of words).

In terms of a defence I am writing to other people involved in the fighting fund to see what the view is on whether this is something we can help provide a solicitor for and whether it is a good juncture to do that to stem the flow.

 

I am sorry I can't give you anything more concrete - and I can't make any promises whatsoever (alays plan for the worst and hope for the best), but your case seems to have gone to the Court at an 'interesting' time.

 

Martin

 

 

And then shortly thereafter this:-

 

OK Dave and Penniless

 

I've been doing some more on this (would have to come at the same night as the site being made over! frown.gif ).

 

Anyway. This looks like a potential watershed moment.

 

Would you both please PM me your phone numbers and email addresses - we are trying to get a QC to take a look (again no promises I can't guarantee how quickly I can move on it - but will do our best).

 

Martin

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first one is down for the night apparently - second is in the welcome forum - needs to move here to get some fast answers.

 

ok, sorry - thought he was with hsbc -

guess he's lloyds.

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It would seem that this is an odd switch in tactics by the courts. It seems strange to me that they are prepared to go down this road based on the strength of just one claim, which Lloyds managed to win. despite the thousands of others that have been lost by the banks up until this date. I wonder if perhaps this is a new tactic that the banks solicitors are trying out to put the frightners on people.

 

just my thoughs

 

r-t-v

25/01/07 Statements collected online

27/01/07 Prelim sent

09/02/07 Thank you letter received (and duly ignored)

12/02/07 LBA on its way

27/02/07 MCOL filed

26/03/07 Defence entered

02/04/07 Notice of transfer paperwork received

10/04/07 Lattie's hastner sent

19/04/07 AQ arrived (never mind lattie!)

20/04/07 Last Chance letter sent to DG, AQ filled out.

08/05/07 AQ returned to courts, cc'd to DG

11/06/07 Request for the defence to be struck out sent after not hearing from the court for 5 long weeks.

14/06/07 Directions hearing set for the end of August. 10 long weeks away.

14/06/07 rob-the-viking waits yet longer......

23/08/07 DG apply for a stay, instantly granted by judge.

29/08/07 The waiting begins again, 7 months since prelim was sent.

 

"If you kick a Tiger in the ass, you'd better have a plan to deal with it's teeth!!"

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District Judge XXXX has done it again in Kingston upon Hull County Court same as above.

 

This matter be listed on 4th July at 3-30 pm to consider striking out the claim as disclosing no reasonable prospect of success in the light of the recent decision of Berwick V LLoyds TSB 15th May 2007

 

I guess next step is BF's remove stay letter plus £35.00 etc

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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Whatever happened to

This matter be listed on 4th July at 3-30 pm to consider striking out the defence as disclosing no reasonable prospect of success in the light of the recent decision of 100,000 cases like this over the last 12 months.

How come everything judicial seems to swing towards the banks?

Maybe I had better join the local Masons

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sometimes they call us kingston upon hull - thus the confusion above - i think, it is all this same judge in hull - i heard on the local radio it's 20 cases and will be held 4 july

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Hi All, this link was posted in another thread Hull

 

I'm not sure where CAG and Martin Lewis are in the scheme of things, I would hazard a guess it is for the joint good and publicity etc...however, a mod can remove this post at will if it is any way in conflict with the interests of CAG

Donate to keep this site open

 

Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

Make Cash Flow Forecast

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anyone with a claim stayed from hull courts should be in touch with the moderators by now - if you are in this group of twenty - suggest you immediately follow this advice from zootscoot:

 

 

If you come across any others if you could direct them to this thread which is stickied in the general forum:

 

**Hull County Court Strike out orders**

 

Also if you could encourage them to to contact me or Bankfodder. If our pms are full then e-mail [email protected] oup.co.uk and leave contact details.

 

 

that is just for the people who filed in hull and got back the stay - approx. 20 people by the news report.

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