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General Form of Judgment or Order received - any action?


Dizzysmith
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Hi

 

I don't think I need to take any action at this stage but just wanted to check. My partner received a goodwill offer (65%) from Abbey - he refused to accept in full and final settlement and didn't receive anything

 

My partner received the above notification from Guildford County Court - it states that the Defendant shall serve on the Claimant and lodge at court a document confirming that they intend to contest the case (I assume this is their defence).

 

Do we need to take any action.? Should he phone the court to see if a defence has been submitted (they have until 4.00pm today).

 

I guess that if they submit a defence, the court will notify usof a court date - does anyone know roughly how long the courts are taking (in case I need to start getting the bundle together.!)

 

Many thanks for all your help.!!

 

Dizzy

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ooo Dizzy, this sounds excellent, Can you post the exact wording please.

 

my guess is that if abbey dont serve documents saying that they do actually intend to defend and not just fanny about and abuse the court process then it might be that the court will rule for you, or, is it just a normal acknowledge of service that you have stating that they have until a certain date to acknoweldge and file defence

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. It is ordered that….

  • The claim is allocated to the small claims track
  • The hearing will take place at a place, time and date which will be notified to the parties.
  • The Defendant shall no later than 4.00pm on 16 July 2007 serve on the Claimant and lodge at court a document answering the following questions: (a) Is the case intended to be contested to and at trial.? (b) Does the Defendant intend to apply to adduce expert evidence?
  • If the Defendant fails to lodge at Court a document in accordance with paragraph 3 above the defence shall stand struck out and judgment shall be entered for the Claimant for the amount claimed and cost comprising the issue fee and any allocation fee paid.
  • Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely).
  • No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted.
  • No party may rely on the evidence of any witnesses whose statement has not been served in accordance with this order without further permission from the Court.
  • No more than seven or less than three clear working days before the trial date the Claimant shall file at Court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedure rules and the practice direction thereto, and shall serve a copy of it on the Defendant. The Claimant shall endeavour to agree the contents of the bundle with the Defendant before it is filed. If the Claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order.
  • Because this order has been made by the Court without considering representations from both parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the Court (together with the appropriate fee to arrive within seven days of service of this order.

We did receive a copy of the Defence Abbey are to use when they wrote offering 65% goodwill gesture - I guess this is what they need to submit to the Court today.?

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Now this is VERY interesting, I have never seen one like this before, i think that the salient sentence is this one

(a) Is the case intended to be contested to and at trial.?

 

Now, tomorrow morning, ring the court and ask if they have complied with this section of the order, if they havnt, then they have failed to comply with a court order and can have their defence struck out, we can let you know how to do this.

 

Of course if they say that they are going to defend at trial and then fail to do so they are leaving themselves wide open for a severe barracking by the Judge and a Wasted Costs order lol.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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The Defendant shall no later than 4.00pm on 16 July 2007 serve on the Claimant and lodge at court a document answering the following questions: (a) Is the case intended to be contested to and at trial.? (b) Does the Defendant intend to apply to adduce expert evidence?

If the Defendant fails to lodge at Court a document in accordance with paragraph 3 above the defence shall stand struck out and judgment shall be entered for the Claimant for the amount claimed and cost comprising the issue fee and any allocation fee paid.

Has a document answering a and b been served on you ?

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78164-ukcrow-lloyds-tsb.html#post972645

 

Guildford judges ROCK. :-D

 

Dizzy, phone the court tomorrow, if they haven't received anything (and neither have you), I would send a letter to the court pointing out the non-compliance and respectfully requesting that judgment be given in your favour, as per judge XXX's order dated XXX. :wink:

 

Let us know what happens. :-)

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He received a copy of the Defence they will be submitting (back in June) and wrote to them on 28th June to say he would only accept it as partial settlement.

 

Not had anything more from them since but I thought that maybe the Defence they sent in June would be what they submit today.

 

I'll get him to call the court 2moro & let u know what happens.!

 

XXX

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Morning all.!!

 

The Man telephoned the court this morning and was told that nothing had been received and that he should wait for the judgement. I found this letter on another thread - is it worth amending and sending to the court - or are we best to wait..?

To Whom it may concern,

I refer to the matter above and the order made by His Honour Judge Reid dated 02nd July 2007 – copy enclosed.

I advise the court that the Defendant has not complied with the said order, in that it has not served a document, as specifically directed in direction 3.

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

In view of the Defendant's abuse of process I will be seeking payment of costs and will forward details to the court shortly.

Yours Sincerely

I believe even if SC&M file their document late, as they may well do! - the court in our case will not be as lenient as they might have been in recieving, say, a late defence. The reason the directions were given were that our court is tired to say the least of Lloyds and their solicitors abuse of the judicial process.

- Feel free to copy the letter above which will request the judgement and hopefully speed the process up for you.

Thanks lots....Dizzy

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yes you can just amend it and send it, well done, I think that we should all be filing at Guildford now lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Like I keep on telling the OP on the other thread, that letter is not grammatically correct.

 

Accordingly, as the said order states “If the Defendant fails to lodge at court a document in accordance with paragraph 3’ the defence shall stand struck out and judgment be entered for the claimant for the amount claimed and costs comprising the issue fee and any allocation fee paid.” comprised of £833.76 i.e. £772 (initial claim) and £61.76 (interest under s.69 County Courts Act 1984).

needs an ending.
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