going to court

[CHRIS 66]

today i contacted the court to see if DG had presented there papers to court following instruction to do so from the last form we had N24

it appears that DG have given the court there papers a week ago . I too gave my papers to the court on 29 th june. Now my problem is this ......Ihave not had anything fromDG and i sent them copies of all that was sent to the court as requested,but nothing from them is that normal?? Also my court date is set for 21st sept what are my chances of DG settling out of court :-?

[Castlebest]

Hiya Chris, what did your judge direct in your court date notification, did he say DG had to send you their stuff too? did he say anything else you can use to put pressure on DG to make an offer ?

 

pete

[CHRIS 66]

thanks for the reply Pete, the only thing the court really said was that they had received the paperwork from DG on the 2nd july . i explained that I hadnt had anything at all from DG . Should I expect anything ?? They havent replied to my two nudge letters so far . Its begining to get on my nerves the fact that DG dont even acknowledge my letters !

[Castlebest]

Chris, can you type out the directions from your court date letter (minus any personal stuff) and lets see what DG should have done.

 

pete

[CHRIS 66]

ok, its says.....

upon the courts own motion. the court has made this order of its own initiative without a hearing. if you objectto the order , you must make an applicationto have it set aside, varied or stayed within 7 days of receiving it........it is ordered that on 13 th june 2007 the papers in this claim were considered by District judge AAButler who allocated the claim to the small claims track to be heard at .......

 

The folowing directions apply to this claim...

the claiment shall within 21 day of service of this order send to the defendant and the court

a, a schedule setting out each charge repayment of which is sought , showing the account no. date amount and reason if any for that charge being made.

b, a statement of evidence ,if such is to be reied upon in support of the claim and copies of any decided cases etc....

The defendant shall within21 days........

a, pursuant to what contractual provisionsuch charge was made,producing a copy of the contractual document relied upon;

b, whether such charge is accepted to be a penalty and if not why not.

c,if such a charge is alleged to be a pre estimate of the defendants loss incurred by the claiment s action (wether or not such action is to be treated as a breach of the contract between the parties) all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss and all evidence to be adduced at trialas to what the true cost of dealing with the matter was.

d, any witness statements.

e, copies of decided cases and other legal materials to be relied upon.

 

 

what do you think ??????

[CHRIS 66]

sorry about all the typing errors but crap at using the keyboard !!!!

[Castlebest]

Hiya Chris, just replied to someone else with virtualy the same directions, have a look here

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/104704-hsbc-general-form-judgment.html

 

pete

[Castlebest]

Just realised (been asked by someone ) you will probably need to do a statement of evidence, its very similar to your particulars of claim but a bit more detailed, Lattie has all the links for the information you need I will get her to do a post for you

 

pete

[CHRIS 66]

cheers pete but i have spoken to the court acouple of days ago and like i have already said they have received DG s paperwork as well as mine ..i was just thinking that it seems that many people dont get this far and DG have settled before now . Going to send them another nudge letter for what good its done in the past. It just seems that im banging my head against DGs brickwall!!

[CHRIS 66]

also i have included my statement of evidence to both DG and the court

[Castlebest]

Good you have everything in hand then.

 

Most people dont hear from DG untill they get an offer and one or two offers recently have been very late, literaly days before the court date, one even had a cheque in the same envelope as the offer 2 days before the hearing.

 

So just hold tight and keep nudging, DG will get to you when they have to.

 

pete

[CHRIS 66]

Great !!! the thing is ive got till 21st september to be kept hanging around waiting. Ive read somewhere you can claim for you expenses and time wasted . is this right and if so any guidlines on when and how much to claim ..... dont want to be too greedy.

[Castlebest]

Once you have agreement on your claim you can ask your judge for a wasted costs order, your best bet is to do a search of the forum (blue box at the top of the page) for "wasted costs order"

 

pete

[CHRIS 66]

Thanks Pete , sorry its taken a while to reply ...having some problems with the pc , keeps shutting down. Iwill look into that when all is done ,will keep you informed of what happens next . Going to ring court on the 24th just to check if DG have been bothered to send papers to court . Still waiting for some sort of contact from them .....

[GaryH]

You say DG filed a response to the order? Can you give details please.

 

If you haven't seen it then get down to the court ASAP and request a copy of whatever they have submitted.

[CHRIS 66]

hello gary . no DG havent replied yet . spoke with the court a few days ago ,they have got till 24th to present the court with its papers. J ust getting ....fed up!! with DG as they havent even acknowledged any of my letters .If they dont do it in time will the case be struck out as it said in the last letter from court "if the defendant fails to comply with this order the defence will be struck out without further order"

[freakyleaky]

If the order from the court is to stike out the defence in the event they don't file then that is what will happen. You have to wait until the deadline until you can do anymore!

[CHRIS 66]

Just an update , thought yesterday the time was up for DG . Contacted the court only to find out that my interpretation of the the court order was wrong.... Perhaps this may be useful for others who get this far. Fom the date of the last court order (20th june ) I had 21 days to reply with my schedule and statement of evidence . this I did on 29th june.I personally took these to the court myself and sent by recorded delivery to DG the same papers with a nice accompaning letter ( ANOTHER NUDGE !!!). Now I was on the understanding that the 21 days that DG had to submit there papers was fromthe 20th june also .However ..... having spoken to a very nice woman today she explained that my original 21 days to respond with my papers would have come to 11 th july . It is from this date that DG have there 21 days to respond so that takes me up to about august 3rd( Hope you are following this ). The court have suggested I call them on the 3rd to check . The reason Iam giving all this detail with the dates is that I am sure many who get this far will fall into the same trap as me.....Thinking the day clock starts ticking at the same time for us as it does for DG .... It doesnt!!! SO GIVE YOUR DETAILS TO DG AT THE 11TH HOUR (ON OR AROUND THE LAST DAYS YOU HAVE TO SUBMIT YOUR PAPERS TO THEM AND NOT AS I DID AS THEY HAVE A LITTLE EXTRA TIME TO PLAY WITH!!) That said ,the woman at the court did say that the extra time I had given them would give them no excuse not to respond in time... So here's to the 3rd august ... The next time I ring the court. Hope this helps others in a simular situation

[CHRIS 66]

oh no ! just copied this text for someone and noticed the report post sign at the end ... what have i done ? can anyone help me ?

[CHRIS 66]

just rang court . no papers yet and time is up at 4pm.... so will ring monday morning . asked what happens now . but derby court arnt too sure .will call on monday ,they seem to think that no judgement will be made until oft test case !!!!!!!!!!!

[CHRIS 66]

can anyone guide me through the n225 form as the court have had no reply from DG and there time is up!!!! on part d do i put the amountof claim at the start of the claim then work out the amount it has come to with interest to date .finally the time it has taken i cant remember if a fee was needed when i claimed initially on line . can some one please give some advice . Derby are continuing with claims that have a date although the woman in the listings dept said that they are waiting on advice from a meeting with other judges

[CHRIS 66]

on saturday 11th had my stay from derby court .a tad annoyed as on the friday had sent off the n225 form requesting judgement as the court had said if dg hadnt presented to the court its papers then the case would be struck out . so saturday opened up the bad news but now what do i do ?? is it worth me ringing them up to see if i will still get a judgement on the strike out or proceed with requesting the stay to be lifted .

[lateralus]

absolutely, ring them to see if the request for judgment will be looked at -

here's the next step - try to get the stay lifted.

OFT Test claim: What this means for you

~~## Stays info and guidance ##~~(

[CHRIS 66]

thanks for that . read all on stays etc but not sure what to do on the fact of my request judgement form ,they must have passed in the post . so will ring monday to clarrify. thanks again

[lateralus]

i'd use that as part of your reason for asking for it to be lifted - press home the fact that it is very far along in the process and you believe it unreasonable for them to manipulate the process in this way

send copy of request for judgment and maybe a little list of your communication with dg and their response - nada!