going to court

[Audreygreeneyes]

Chris also when you apply for the sty if ti is required ( hope its not) make sure you ask for a hearing.......... trust me I know the feeling.......DG were granted a stay less than 24 hours before my hearing......

 

and yes they had also failed to serve on both myself and the court....

 

also fi you know that there is the possibility of it being a blanket stay then complain to the MOR

 

Queries relating to appeals and applications to the Master of the Rolls under the Solicitors Act 1974 and the Master of the Rolls (Appeals and Applications) Regulations 2001, should be directed to:

 

The Clerk to the Master of the Rolls

The Master of the Rolls' Private Office

Room E214

The Royal Courts of Justice

The Strand

WC2A 2LL

[Audreygreeneyes]

you can have a copy of my letter to tweak if it would be of any help chris. but lattie will have a few am sure......lol

[CHRIS 66]

yes anything that you could do would help . just read through the letter again and it says that "this case is stayed with immediate effect pending the final determination of the test case in the commercial court . ANY LISTED HEARINGS IN THS CASE ARE VACATED AND WILL NOT TAKE PLACE.... " then at the end it says that its therefore appropriate for this case and many other cases to await the decision of the commercial court"

[Audreygreeneyes]

well they have made offers adn settled at least 4 cases in the past 7 days........ we even have a couple of case numbers which you could use in your request...........

 

these prove "abuse of process" and also that they are not adhering ot the OFT deal.........

[Audreygreeneyes]

that doe snot stop you requesting a hearing to have it set asdie. mine said that....... i am waing on the court giving me a date for the hearing...........lol.

 

when I took it in the other day the court manager said oh that is usually reserved for solicitors............ oh right was my response.......

 

if your writing is in bold print then there isno fee........

[CHRIS 66]

ok i can use that as some leverage then when i make the call but usually the people at derby court arnt to specific as what is happening , although they are as helpful as they can be. the cases that have been settled then ,i will incorperate into my letter to the judge but i will see what they have to say about the request a judgement form as i have said they must have passed in the post . god its been an bad 18 months .....started this in feb 07 and in fed 06 my mum died and i started to build a bungalow in that same week ....... looking forward to a few months of relaxation think i have sold the bungalow but you never know untill they sign on that bottom line !!!

[CHRIS 66]

is that bold print on the order just had ??

[Audreygreeneyes]

the letter telling you the case was being stayed............also brass neck it and ask how many cases were stayed on the date on your letter........

 

sorry your past 18 months have been so rough, but you are now comingout the other side of it. and you are not alone, there are thousands of us here............

 

someone wil lalways have an answer or suggestions ( not me)

[CHRIS 66]

thanks ,i know . there is light at the end of the tunnel . at least its getting closer now . aand you have been helpful . thanks again

[CHRIS 66]

ok so rang the court up this morning and explained that i had sent my request for a judgment in and that the letter they sent me must have crossed in the post. they say at derby that there is a blanket stay on all claims however those who are at the judgement stage will be treated indivdually. they told me i should here from them within the next two weeks . i explained that i was concerned that according to the letter i had that it said i only had a week to respond about the stay . they said not to worry as they are spending all of there time dealing with bank charge cases and the judges are getting fed up with the banks leaving settlement to the day of the hearing . so it sound as if i may be one of those lucky ones who might just get it sorted before the long wait....... but then again im not banking on it ....... sorry couldnt resist that.

[lateralus]

being the sceptic i am - i'd send a little note to the court - saying something like - i have today rung the court and been told......

I would just like to verify that I have applied for a judgment and I will await.....

put your claim number on it and a contact tel. number and say - please contact me if i have misunderstood or if the information i have been given is incorrect. I understand from this call that I will be hearing from the court within the next couple of weeks regarding the judgment and the notice of stay will not apply in my case.

 

something along those lines - just so you are all singing from the same hymn sheet. very polite.

 

sounds very encouraging for you

[CHRIS 66]

cheers lateralus will do that . its very difficult to follow from one day to the next how courts are reacting and from my own experiences with just dealing with derby it sounds though its the same for those working in the court!!!

[Audreygreeneyes]

good luck with your letter Chris. it varies from court to court I think.........jimbobs court struck out of their own accord. whilst mine did not, infact totally ignored the request and in the representaions and still granted a stay............. ohhhhhhhhhhhhhhh i could rip a tissue.........

 

ah ha but I have asked for hearing:):):)