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SCM letter informing of stay application received day before court hearing.


shinchan
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Have a court date of tomorrow morning at Croydon County Court. SCM had not complied with the courts deadline for filling their defence bundle, which included an instruction to show how the charges are calculated. I sent in both non-compliance letters as suggested and still no response. I did get a little worried when the test case was announced, but have not received anything from the courts saying that they were automatically staying case. Nor did I received anything from SCM...until I got home today to a letter delivered in the morning (but dated August 3rd 2007) after I'd gone to work stating that SCM would be applying to the court for a stay pending the outcome of the OFT test case. Should I, as I intend to, just turn up at court tomorrow, or call the court in the morning explaining that I've only just received scm's letter? Oh fun and games, eh.

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Hi,

 

Hope you get this. Definitely phone the court and see if the case is still going ahead, and you must turn up if it is. If Lloyds haven't actually put in for their stay then you should hopefully win by default today if they don't turn up.

 

Hope it goes your way - good luck!

 

Fzrkitten.

Fzrkitten

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Yes you need to attend, inform the judge that they have failed to comply with the courts directions. I would also print out a list from the litigation forum on all the cases that Barclays have previously settled where they have stated they will defend and subsequently did not. Please let us know how you get on.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hi,

you must turn up at court as if you had not got this letter. Hopefully the judge will give you chance to say why they shouldn't be given a stay. If they don't turn up that's a massive bonus but you must make it clear to the judge that in previous cases, they have been completely wasting the courts time by saying they'll defend but never turning up to court and settling after default judgements have been granted. Hopefully the judge will rule in your favour.

 

Good Luck

 

SwissT

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Just got back and the Judge was not happy with Lloyds/SCM at all. He was clearly not leaning towards allowing a stay, but spent most of time asking why Lloyds/SCM had not submitted any documents as per the directions of the court. They ask for an adjournment which I ask the Judge whether I could boject to this. Although understanding, he said that Lloyds/SCM had the right to present their case and he would reschedule it for the next available hearing. (I kick myself here a bit because I forget to mention that LLoyds had delayed on numerouds past cases which they eventually settled...even printed out the spreadsheet this morning). He has ordered that Lloyds/SCM submit their bundle or an official application for a stay by August 23rd. He also said that any application for a stay in relation to the OFT case must clearly stated how the OFT case is relevant to mine. So I wait and see what happens, which is probably an official application for a stay which I will of course fight using the guidelines from CAG.

 

On another note, beacuse of the amount he was of a mind to move the case from the small claims track to the fast track, which I thought would be better for the bank, but not for me, but they said they were happy to continue in small claims. Do they know something I don't or is this just the usual oversight by them. The Judge did raise an eyebrow at this and said he wondered why they would do this as if affected the limitation. Not sure what he was hinting at.

 

Finally, something which may of be of interest to those more knowledgeable. The Judge said that, unknown to the press as there has been no annoucement, several case against bank were being tried in the London mercantile courts this October.

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