Cookie v FD

[cookiecrumble2004]

Hi all.

Thought it about time I started my own thread.

Here’s the story so far.

Requested statements 6 Feb

Sent claim letter to FD 19 Feb

Received offer of 80% of claim

Refused offer and sent LBA 10 March

No reply so filed with MCOL on 23 March

FD's solicitors filed a defence on the last possible date, and case was transferred to my local county court (Bournemouth) on 1st May.

Received AQ and returned it on 8 May (The deadline was 21 May)

Sent nudge letters to both FD & DG on May 17th & 24th

Heard nothing so contacted the Court on 7th June who told me that they had not received the banks AQ. They advised me to write a letter requesting the case be moved on to the next stage and request judgement, which I did the same day. (Thought I could see light at the end of the tunnel)

Now, two weeks later and a full month after the AQ should have been filed I have heard nothing. So I called the Court today to be told that they have received the AQ from the bank and a court date has been set, 27th Sept.!!

I couldn't believe it, are the courts on the bank's side? Why would they want to drag this on to the end of Sept? It doesn’t make any sense at all to accept the banks AQ a month late, I'm sure they would not have allowed me to miss the deadline by 4 weeks and get away with it!

Has anyone else out there had any experience of Bournemouth Courts? I'd like to hear from you. And anyone else with a similar experience / advise please.:?

[cookiecrumble2004]

I have just received confirmation of the court date in the post. I now have a couple of questions I'm hoping someone can answer.

The court date is 27 Sept. I need to send all documents in by 12 July - This seems a long time before the court date is that usual?

The hearing should take no longer than 1 hour. - Others I have read on hear have only been allocated 5 or 10 mins?

There is no mention of the AQ from the bank. Should I have been sent a copy?

[theforger]

I'm still waiting to hear from my court, the deadline for AQ was 11th June and DG still haven't filed an AQ. The papers are still with the judge (apparently they have a backlog)

 

Not sure about the lead time with regards to getting your bundle in. However, you can be assured that if your bundle reaches the court by 11th July (and subsequently DG as well) that an offer should be forthcoming pretty quickly after that. Well, if you look at what happens to some of the others in this forum.

 

It is annoying but its just a matter of holding tight...

 

Good luck....

[cookiecrumble2004]

Right I have to get down to sorting out this court bundle, I am not too sure of all the things I should send. I've read Tiffla's thread who sent in a very comprehensive bundle and has been successful in getting an offer quickly. I'd like to so the same but I need some advise on exactly what to send and where to get the info from. Sorry if I seem thick but the more I look through this site the more worried I get that I might get it wrong and lose the case. Any help will be gratefully received.

[Tiffla]

Hi, Cookie.

 

I've just replied to you in my own thread, and then i found yours:confused:

 

Have a look here, if i hadn't have found this thread, i'd have probobly failed miserably.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

 

Good luck, don't forget to keep us all posted!!

[cookiecrumble2004]

Hi all

I'm putting together the finishing touches to my court bundle today. It's due at the court tomorrow 12th July. I've just realised that there is another postal strike Thurs & Fri! No problem with the court I will take it by hand anyway. But how important is it that it gets to DG on time. I'm not too worried as they were over 2 weeks late submitting their AQ to the court. I will post via special delivery today.

Does anyone have any last minute advice for me?

I'm pretty much following what Tiffla did.

Thank you

[cookiecrumble2004]

Quick query

Other threads say we can't use 'Without Prejudice' letters. But my notice from the court says "Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 12 July 2007. (These should include the letter making the claim and the reply.)"

 

The only letter I have received from FD was the reply to my claim which is headed WITHOUR PREJUDICE.

I have not received anything else from them or DG.

So I think I must include it, unless anyone has any other advice.

[cookiecrumble2004]

Court bundle delivered by hand to the court, and DG's copy is in the post Special Delivery. Post strike does not start till 7pm, so it will arrive on time. Phew! I'll phone the court tomorrow pm to see if they have received anything from DG. Wish me luck.

[Fox Mulder]

Rooting for you! You don't need luck but you certainly have my best wishes!

 

As for 'without prejudice' EVERY letter from DG says that, and most from the bank, so you'd have no letters from their side AT ALL to go off if you didn't send those ones. That's my thinking anyway. It can't be used as a means of hiding responses from the court, if that's what FD/DG think they can do in using that wording.

[cookiecrumble2004]

It seems the courts are behind in logging the documents they've received. So they couldn't tell me if they had received anything from DG or not. I was told that my case would be looked at by the judge at the end of next week, and if they had no documents from the defendants the judge would probably issue an 'Unless order'. Which would give them yet more time to comply with the courts directions. So it's still a waiting game, but with interest increasing at 8% maybe I'm doing better than having the money in a savings account!! Can anyone tell me please. Is the interest tax free?

[Talking Heads]

Hi Cookie, Im afraid the courts give the banks a lot of extra time, I thought I was close to the finish after getting judgement by default, three weeks later the banks got it set aside, there is no real logic to the process, just keep going and keep us informed, good help on here, goo luck.

[cookiecrumble2004]

Well it's a week and a half since I delivered the court bundles to the court and DG via special delivery, and all is silent. Others on here are receiving offers of the full amount as soon as they send the bundles yet they are ignoring me completely. I think I'll give the court a call Monday.

What do others think??

[Fox Mulder]

I think you'll find DG hasn't submitted its bundle yet.

[cookiecrumble2004]

Do they ever submit a bundle? I was under the impression that as soon as the claimant submitted one, an acceptable offer was to be expected soon after?

[Tiffla]

Hi, Cookie.

 

I guess it does seem a long time between submitting your bundle and the court date, but i wouldn't worry too much.

 

My guess is that the money will be in your account within two days of you accepting their full offer. When the offer might land on your doorstep could be anyones guess - but DG being DG - it will be at the last moment no doubt.

 

Just sit tight and hang in there, and don't forget to plan how to blow all that lovely lolly!!!!!

[Stornoway]

DG wrote to me 1 week after i sent them my court bundle offering 50% of claim, I didnt even bother to respond. On the day before court I received a cheque for full claim which included compounded interest paid on the charges and contractual compound interest. Hang in there.

[cookiecrumble2004]

All is still silent from DG. I called the court today and guess what? They haven't received a court bundle from DG. What a surprise!!!! So advised me to write into the court and request judgment based on their default. My letter is written and will be off to the court today.

[Talking Heads]

All is still silent from DG. I called the court today and guess what? They haven't received a court bundle from DG. What a surprise!!!! So advised me to write into the court and request judgment based on their default. My letter is written and will be off to the court today.

Thats exactly what I did, things will move quickly now, good luck.

[cookiecrumble2004]

Hi All

I called the court and as predicted the judge has issued an unless order, I'm waiting to receive a copy the order to find out how much longer the judge has given them to comply. I'm now worried that the delay will mean that I won't get a judgment before all cases are suspended due to the OFT case.

[cookiecrumble2004]

So near and yet so far!

Looks like the information I was given by the court last week by phone was wrong. The judge has not issued an unless order but an order stating that my case is stayed pending the final resolution of the case bought by the OFT. Looks like I'm in for a long wait.

[cookiecrumble2004]

Since starting my claim I have not been using my FD a/c (just a few quid left in it) or my FD credit card which is all paid off . I have received a letter from FD informing me that they will be closing my credit card a/c on 26 Jan and requesting that I do not use it as authorisation may be declined. Something to do with them being a 'responsible lender'. A phone call to their Credit Services Team revealed that it was because my salary was no longer being paid into the FD a/c they couldn't be sure I would be able to repay any future spending on the card. Funny that didn't seem to worry them when I was regularly spending more than I was earning and they were charging me fees every month. More to do with them no longer making money out of me I think!! Of course if I no longer hold a FD credit card I will be charged a monthly banking charge. They've had enough money out of me, my accoun is now closed. The only reason I kept it open was for when they finally repay me all those fees.