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discussion thread - Judgment granted then DG tries it on....


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OMG!!!!!:eek: Audrey, can you edit that picture out? It is giving me neck ache trying to read this thread!!!! I have the settings to show 60 posts per page so there is only 1 page to this thread and its 14 feet wide!!:D

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Just click on the edit button at the bottom of the post and delete the picture code:)

 

edit.gif

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It does not say what the hearing is for on the notice but attached to it are the n244 application and the witness statement which says "Dg solicitors itnd to apply for an order (1) the order dated 9th august 2007 (apparently issued on (9th august 2007) requiring that the defence be struck out and judgement entererd for the claimant ( in response to the order dated the 24th july 2007 requiring that unless the defendant files at court an allocation questionaire by 4pm on 6th aug the defence be struck out be set aside and the defence reistated on the basis of CPRr3.3(5) setting aside order made on courts own motion or CPRr3.9( relief from sanctions or CPRr3.1(2)(a)(extension of time )or CPRr3.1(7) (power to revoke or vary order)--------------Because they are saying that they filed their A/q on the 9th because of the volume of cases they are having to deal with and that the court told them to file an AQ on the 24th july and th test case was announced on the 27th july and that the strike out order was made onthe 9th aug and that to the best of teir knowledge they received it on the !6th that they had made the application in the time allowed --7 days

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and the court will probably allow it - the request - that is - now it's up to you to show the judge (hopefully a sympathetic one) that this is just their way - they have never responded and had no intention of responding until their hand was forced and now they are relying on the oft waiver - well it doesn't fly with me - let's hope the judge sees it that way too. again, i'd include a detailed list of deadlines, communications, etc. showing how they just plain don't do anything until forced to.

and here's a link to the oft q & a where it says the it's up to the judge - it's not a matter of the judges must stay every case by no means and also (and i don't know the link for this) where the mor says cases already in the system should be adjudged on a case by case basis with no automatic stays.

 

Questions and answers for OFT test case announcement 26 July 2007

 

12. What happens to those wanting to, or in the process of reclaiming charges while the case is going on?

It will be for the courts to decide in relation to claims made to them.

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Looking for it now Lat!

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"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

 

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

Is that what you were looking for Lat?

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OMG!!!!!:eek: Audrey, can you edit that picture out? It is giving me neck ache trying to read this thread!!!! I have the settings to show 60 posts per page so there is only 1 page to this thread and its 14 feet wide!!:D

 

what the hell are you using for a VDU... 14 feet wide ???

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Screen is only 15 inch but takes 3 and a half hours to scroll from one side to the other! LOL:D

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Haven't you sobered up yet, Auburn ?? LOL

 

How was it for you?:D

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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I dont drink johnny..............lol very very rarely................ and I had to drive back this monring....... so even then I owuldnt have had a lot ........... it was awesome............ all i need to do is find out how you put a quot perm on my profile.:):) hope you had a good weekend.........:)

rockin all over the world

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Hi Audrey! Was it good then??? Eh? Eh? I told you didn't I!!! Bet your ears are still ringing!

15 inch screen!!! What is so unbeleivable about a 15 inch screen?;)

 

Oh and what is a "quot perm"??:confused:

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it was bril freaky:):)) i lvoed every min of it and hey any excuse to get a pair of leathers on................ actually my ears were fine.......... even although I was very close to the fornt............

 

i meant permant quote............lol...... did ntothign for my typing eh? how are you feeling dear boy?

rockin all over the world

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Glad you enjoyed it aub. Must be because it was open air that your ears are ok.

I' m feeling ok today! Just spaced out slightly on all the medication!

What do you mean by putting a permanent quote on your profile? I will help if I can!

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