Leicester County Court

[damo696969]

Hi There,

After being passed from court to court over the last six weeks, i have now been told my case has been moved again, this time to leicester county court. This i'm told is because they have a lot of experience in dealing wth the banks. The only problem for me is that it's Alliance and Leicester that i'm taking to court. It would be just my luck to have a judge that is on the committee of A&L. Does anybody have any success stories form Leicester county court.

Many Thanks:idea:

[damo696969]

quick update,

I have my court date set for sep. 27th i have rang court to see if case is still going ahead inlight of the test case thats currently going on. They have assured me it is. Alliance and leicester had until the 23rd of august to submit there papers to the court and to me. This date has now passed without any paperwork being sent by them. What will happen now ?, It states on court order that if they don't comply there defence will be struck out. Will i still need to attend court ?

[poppynurse]

I would apply in writing for the defence to be struck out for non-compliance

[damo696969]

Thanks for your help and to Janus who sent me a private message. I rang the court on friday and the lady there told me that usually if one side don't comply with order the judge takes a dim view and strikes them out.

[jansus]

also check threads by Mimi jane on A&L you can see what she did to get judgement.

 

Jan

[damo696969]

Hi all,

I have decided to fill in the N225 form to request for a judgement as Alliance and Leicester have failed to comply with the court order. But i am a bit confused, do i need to tick box A that states the defendant has not filed an admission or defence to my claim. Does anybody have any advice on whether this is the best way to go. I have been reading mimi jane success story but it all got a bit confusing.

[ammani]

Hi damo696969,

i recently sent in a judgement against Capital One, and ticked box A, as they did not put in a defence within the specified time. Hope this is of help to you.

[damo696969]

Hi ammani,

 

What was the outcome ?

[damo696969]

I have now got the N225 form in front of me but im a bit unsure about the interest section. My original claim back in april was for £3037. plus interest at 8% which gave a grand total of £3362. On the form i have to recalculate the interest up to today so do i calculate 8% of £3037 or 8% of £3362.

[damo696969]

Latest update,

 

Now due in court in two weeks time, I submitted N225 form to court asking for judgement because alliance failed to submit papers to court. But now i have received letter from wragge and co saying they have applied for a stay because the OFT say all cases should be halted until the outcome of the test case.

 

Can they do this at such a late stage even though they failed to adhere to court order and if so what does it mean for me is there a way i can apply to have it removed.

 

Any help appreciated, gonna ring court on monday

[poppynurse]

Yes they can apply for a stay but I would wait to see if the court actually issue one, they may issue judgement before the stay application reaches them. If there is a stay you can appeal to have it lifted. The bank may however apply to have the judgement set aside

[damo696969]

Spoke to the court today, They say that because alliance didn't comply with court order there is a good chance the judge will not grant the stay. And they have also received my application to request a judgement. Will hear early next week the outcome.

 

Poppynurse has written that if an judgment is given the bank could apply to have it set aside, What does this mean for me is this the same as a stay. ?

 

Anyway feeling a lot happier and a bit more confident today.

[allen0601]

Hi Damo hope the judge does order in your favour cus getting the stays lifted at LCC is near on impossible, i applied to have my stay lifted and received this the other day

 

It is ordered that:

1. The said application is dismissed. The issues involved in this case (and very many like it) will be heard in a test case before the high court in Jan 2008, and it would be wholly disproportionate for these cases to be heard separartely before that decision is known

2. Additionally, the court is aware that an order staying many cases such as this was made after full argument in the high court (Leeds mercantile court) on 29.08.07 Carlisle and others v Clydesdale bamk and others which appears not to be distinguishable from the present case, and would be binding on this court.

 

So good luck and hope the judge looks better on your case

Nicky

[damo696969]

Hi Nicky,

 

Thanks for your reply, you really know how to kick a man when he's down, only joking !! still have not received anything from the court. Will give them till friday then ring again. Do you know what set aside means is this the same as a stay.

[damo696969]

Hi All,

 

Due in court thursday, but not had anything from court regarding my request for judgement. Decided to ring them again this morning to find out whats going on, Feeling pig sick now my case has been stayed pending the test case.

 

How can they do this when it clearly states on court order that if any side fail to comply with it they will be struck out without further notice. Alliance & Leicester did not comply with this order, I spent a lot of time filing and serving my documents but Alliance didn't bother doing there's. The whole makes a mockery of the court.

 

What is my next step i get the impression i can apply to have this lifted but would be waisting my time in doing so. !!!

[damo696969]

Hi all,

I wrote to the court asking for the stay to be lifted, I stated that A&L had not complied with the court order imposed on them and if this was allowed to stand it would show a complete disregard for the court process and what it stands for.

 

I have now received a letter back from the court agreeing with me. It is ordered that the defence be and is struck out and i may enter judgement.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

They have sent me another form to claim judgement, can i now recalculate interest owed up to the date of this order ??

[jansus]

Not having got involved in judgements before I would assume so - if you used the spread sheet here it should calculate it for you. As the S69 8% is awarded by the court does it mention that anywhere on the documents?

 

Well done you for persevering and I hope you do get the money - but dont "spend" it untill it is actually in your hands!!

 

Some other banks have tried to get these judgements overturned .

 

Jan

[damo696969]

Hi jansus,

It does not mention on the form anything about %. But i have been working on the basis of 8 %. The last update i did was in august to comply with the court order. Unfortunately i didn't use the sheet on here to do it, but looking at it i think i will be able to copy/paste mine on to it to get an update. I wasn't aware that banks could get a judgement overturned so will be keeping my fingers crossed.

 

Do you Know what happens next do i need to send a copy of the letter from the court and my claim for judgement to A&L solicitors or do the court sort that out ???

 

Damo

[damo696969]

Hi All,

I have just returned from holiday to letter from the court, I now have my judgment !!!!!!!! Its dated early november and says A&L have 28 days to pay up,the ironic thing is it says if they don't they will be registered with credit reference agencies and they may find it hard to receive credit in the future.

 

What is my best course of action now do i sit and wait the 28 days or should i contact wragge/co or go direct to A&L and ask for my money. I was thinking about going direct to A&L but don't know who i would need to get in touch with.

 

Any help please

 

Damo

[sillygirl1]

I think writing to Wragge & Co and copying in A&L reminding them of the judgement in a couple of weeks is a good idea. Writing to them immediately might make them go for an appeal...

 

If they haven't paid up on the 28th day send in the bailiffs - after all it has been done before to the banks and it's about time they had a taste of their own medicine back.

[gazebo]

I don't think you have to wait 28 days to apply to send in the bailiffs. Having said that it's more than likely that the bank will apply to set aside the judgment.

[damo696969]

Hi,

 

What does set aside mean and what are the grounds for this is it like a stay.?

 

Damo

[damo696969]

Hi All,

 

Rang the court today for latest update, The slimey gits have applied for the judgment to be set aside. The guy i spoke to said there was no word yet from the judge on his decision.

 

If they do get a hearing im wondering whether i would be better to go represented. I found it easy enough so far but being at a hearing with some slimey git representing them would send me to pieces.

[damo696969]

Hi All,

Spoke to the court again !! today, the lady i spoke to said there have no record yet of my case being set aside. She is going to send me information out regarding enforcement action. She mentioned a warrant of execution. Does anybody think its worth me writing directly to A&L instead of there solicitors to tell them what i'm about to do it may just make them think about paying up or could it hinder my case if i do.

 

Any help please Damo.

[jansus]

I think the A&L have had all the chances they deserve - personally as they always played the game of forcing everybody to go to court and then pay out at the last minute they deserve the same treatment. I would would just go ahead with whatever the court advises you.Try using the search button for enforcement of judgement - and see what comes up

 

Post again if you need some help. I think also there is a general website about court proceedure which might help you. A search on google may throw this up.

 

Jan