Leeds Mercantile court 4th October 2007

[j.barton1]

Hi, This is the starter for the case management conference on the 4th October...i know its early but here we are again!! I'll post again when the time has been confirmed but i'll assume its 10.30 am. Third time lucky for me i hope!!

 

Jenny xxxxx:rolleyes:

[j.barton1]

Hiya...I'm gonna send this with my cmc sheet nearer the time...

 

CASE NUMBER

For the attention of District Judge

I would like to respectfully ask for the defendants case to be struck out or dismissed.

I feel they have abused the court system repeatedly and failed with the requests of the court.

They have failed to attend the case management conference we had scheduled in June, giving me no opportunity to negotiate settlement, without following the correct procedures in place for them not to attend.

They also failed to comply with the judges directions given to them, which were to state why they felt the need not to attend the case management conference.

The defendant has had ample time to negotiate with me but have failed to respond to my numerous emails and the courts directions, on a matter that could have been settled months ago.

Respectfully,

Jenny B

[scoobz]

Excellent Jenny sounds good to me..... you go girl !

 

(your thread title reads "leeds mercantile court 4th August 2007 and not 4th October 2007)...

 

Regards

 

Scoobz

[j.barton1]

thanks scoobz...glad you noticed...i didnt

 

xx

[j.barton1]

Right, all go now!! Received my letter today. 4th Oct 10.30 am, doesnt say which judge though, thats all no list so i think i must be the first one...hopefully not the only one LOL.

[scoobz]

Jen

 

I'm sure you won't be the only one there and I wouldn't be surprised if I'm with you too continuing our never ending fight against Relliance & Fester...

 

Scoobz

[j.barton1]

Thanks scoobz

 

xx

[jansus]

Gosh - I still can not believe your case has gone on so long - do you think they just have a rule - leave settlement to the last possible minute?!

 

I am sorry if i am repeating myself - but my call to A&L seemed more effective than to Wragges - within a short period of time i had an acknowledgement and a call- and another follow up call from the bank to make sure everything had been sorted.?

 

I bet as I am out in the sticks thats why they did it - otherwise they would have been on the doorstep as with William.

 

It was obviously too far for them to go on a day trip!

 

its just a shame you will have to do all the extra paperwork and preparation before the day. Bet you will be so pleased when it is over . Mine was like a walk in the park compared to yours

 

Xjan

[j.barton1]

Hi Jan,

 

I'm too nervous to call A&L, my claim is + 6yrs and i'm scared of rocking the boat LOL. They've not asked for any paperwork, suppose they've still got it from last time. I'm gonna take a letter asking for their defence to be dismissed and wasted costs. Hopefully they'll not show up...again...that'll really pee the judge off.

Thanks again Jan, I might ring A&L once ive built up the courage.XX

[jansus]

## FOS: Claiming beyond six years ##

 

what is the general opinion on over 6 years at the moment then ?

 

I have seen one case where the judge just crossed those claims out and awarded all the rest - but seen another case where they won back 10 years. confusing as usual?

 

I would just try and have a script ready in your head in case they decide to negotiate outside the court - I was only tongue tied when not ready for the arguments. For example on the S69 interest.

 

Jan Claiming beyond 6 yrs - important new information!!!

[j.barton1]

Hiya Jan.

When i put my claim in a +6yr claim was business as usual, since the test case announcement i am not too sure...i suppose this is why i'm worried to call. I'm waiting for the news from the hearing next week, hopefully it'll be good for them but whatever happens then...it'll give me an idea on what'll happen with my hearing in oct. I'm gonna fight it though if the decision is'nt in my favour...A&L have been messing me about for 9 months now, if they had showed at my last hearing it would have given me a chance to negotiate with them....bugg**s LOL

Jen xx

[jansus]

oh right - yes see what you mean.

 

As we know in all of our cases they have left everything to the very last minute - obviously on purpose - then as you say all you can do is keep reading what happens to others- although A&L do seem a bit different in that they dont seem to be willing to argue against the stay in court either.Theres obviously no point in nudging before hand - as a letter that I sent I put a lot of effort and research into - and they just plain ignored it!

 

I wonder if the A&L are fully aware of how Wragges are behaving - to totally ignore correspondence is so unprofessional - even if they just said - letter received - no comment - it would be better than ignoring people.

 

I actually in my fax to the court apologised for the fact that Wragges had deliberately left negotiations to the last minute - And hoped it had not incovenienced the court too much - as that is genuinely how I felt.

 

I will keep watching

 

All the best, jan

[j.barton1]

Thanks Jan, I keep looking for an e-mail addy for A&L but cannot find one, was thinking of e-mailing them, wraggies have not responded to the 5 i've sent them.

With any luck the case on the 29th should be interesting. I think scoobz is the only A&L there for the day, hopefully she'll do okay and let us know how thinks went Fingers crossed xx

[scoobz]

Hi Jen

 

Been busy weekend so not had chance to get on line... hope you are okay?

 

I believe there's another A&L claimant on Weds (DonnaC) although she's not posted for a while?

 

As soon as I'm back home Weds I'll let you know how it's gone. I'm taking a note pad so gonna make notes!

 

There seems to have been a few cases settled by A&L over last week or so, what are they playing at, I'm so confused???

 

Scoobz

[j.barton1]

Thanks Scoobz, I've just looked and donna c is A&L, we'll see what happens. Try not to be too nervous...easier said I know LOL.

 

Jen xx

[jansus]

Thanks Jan, I keep looking for an e-mail addy for A&L but cannot find one, was thinking of e-mailing them, wraggies have not responded to the 5 i've sent them.

With any luck the case on the 29th should be interesting. I think scoobz is the only A&L there for the day, hopefully she'll do okay and let us know how thinks went Fingers crossed xx

 

Never found an email - but what I find suprising was that when I went through to customer services - i asked to speak to someone dealing with the claims - but they had all my details on the screen including the case number . They seemed suprised about the court date. I said just complaining about unprofessional behaviour of W as I had asked for read receipts for emails and knew they had been delivered so was deliberately being ignored. I never mentioned a settlement at all. They were polite - promised to call me and they did. Just keep a record of everything W do .Oh I did get a fax number if thats any use.

 

Xjan

[j.barton1]

Thanks Jan, I think I'll ring them tomorrow afternoon, can't do any harm really? I'll wait and see how they get on at court tomorrow before i decide if i've got the nerve!!

Jen xx

[jansus]

Did you see that Lady P has won as well?

 

Dont forget if you do call - play it cool:cool: and just make comment on Wragges - just to see what they say. Still cant see them settling until 3rd Oct soonest That seems to be the way they work.

 

jan

[j.barton1]

Did you see that Lady P has won as well?

 

Dont forget if you do call - play it cool:cool: and just make comment on Wragges - just to see what they say. Still cant see them settling until 3rd Oct soonest That seems to be the way they work.

 

jan

Cool, another win for us. Ill call this afternoon after i get home from work, after i have read the goings on at court.

XX

[Entitled]

In case you haven't already done so, may I suggest that all claimants attending the October 4th CMC at Leeds Mercantile Court, please read the thread from the previous ones in June and August.

 

This is a link to one of the threads 29th August (although there have been two separate threads, so please check both)I've included a lengthy step by step description of what went on on the 29th August which I hope will be useful for anyone who has not been to one before.

 

My impression is that Stays are very likely to be granted. That's my opinion. I don't like it, but that's what happened and I think that is what will happen.

[threadworm]

I got a letter a few days ago from HSBC representatives stating that the case had been stayed. On ringing the mercantile court I found out this just not true and the case will go ahead (the lady said hsbc had been trying this tactic to confuse people and i guess make people get thrown our of court for not attending)

 

I'm just heading out to hand deliver my Case Management Information Sheet - do i need to take any other information??

[johnnyjoeflyer]

In the case management conference on 29th August the judge specifically told HSBC to stop telling claimants that their case was stayed. The HSBC assured the judge that they would stop this.

As they have obviously ignored the judges instructions, is this contempt of court? I would love to see that happen.

 

Would be well worth bringing that point up on the 4th October to see what the judges opinion is of this.

[threadworm]

very naughty - that would be ace....to see the judge come down on them...

[threadworm]

so i just read the 29th August post and it seems like stays will be granted to the banks in october too??! very frustrating and a real clogging up of the courts system...

 

who else is attending? would be good to have some moral support on the day - i'm going to to start preparing so as not to trip myself up - i've filled in all the forms and am a fairly confident public speaker so should be ok.

 

those of you from august - what kind of issues were you asked to address??

[j.barton1]

so i just read the 29th August post and it seems like stays will be granted to the banks in october too??! very frustrating and a real clogging up of the courts system...

 

who else is attending? would be good to have some moral support on the day - i'm going to to start preparing so as not to trip myself up - i've filled in all the forms and am a fairly confident public speaker so should be ok.

 

those of you from august - what kind of issues were you asked to address??

Hiya...I'll be there..again! Just got back from my hols and no nice cheque so i'll def be attending.

Jenny