Chubbasdad v A&L - succesfully defended strike out application // discontinued claim

[chubbas dad]

hi,i have been pointed in your direction by a user from another site.i hope you can help.

ammount claimed; £4037.
bank, a & l. issued court claim via mcol 21 may 2007.


i recently sent this letter to a & l after recieving their final response.

this was my letter to a & l .


Dear sir/Madame,

I refer to your letter dated “December 2009”. your final response.

I have concerns your final response on such important and sensitive issues, failed to include actual dates, or indeed give guidance. I do not consider merely December 2009, appropriate, when important time frames are attached to your final response.

I therefore must inform you, that I am seeking further legal advice with reference to my case, which is currently stayed at my local county court. I do intend to peruse my case at the soonest opportunity. I remain dissatisfied with your handling of my complaint and your final response.

Yours sincerely

chubbas dad.

i then recieved this notice.

before district judge nice bloke at my local court,upon reading a letter from the defendant, IT IS ORDERED THAT, the case be listed as "defendants application to strike out the claim" please see attached hearing notice.

Take notice that the hearing will take place on 11 march 2010 at 2;20pm at my local court.when you should attend. ten minutes has been allowed for the hearing.


these letters passed each other in the post between the 20 and 25 jan.i know i must attend the hearing and ask to change my pocs or get my stay extended as long as possible.i would like advice on the new arguments.any help is greatly appreaciated

chubbs x.....

[Amethyst]

Re: help?

Hi Chubba's Dad

You will need to enter a 'defence' to the banks strike out application.

Do you have a copy of their application documents ?

You have till the 25th ish of Feb to get your response in and sorted so we have a fair whack of time to orgainise and look at your case, and get hold of the application docs if poss.

Have a read of the other threads and stickys in this forum (I've moved you into the court claims forum for ease) which should give you a good overview and an idea of what you need to do.

We'll need to know what POC you entered originally, and some info about your claim and circumstances. If you have a thread on another site its fine to post a link there if you think it will help with the background on your case.

Ask any questions you like, and welcome to the site xxx

Ame x

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

hi and thanks for the welcome.i have a thread on the consumer forums site,( chubbas dad vs reliance and fester.) at present i am sifting through my previous correspondance and will get them to you soonest.

[natweststaffmember]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Warm welcome to the site Chubba's Dad.....we have spoken, so to speak, on another forum.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Thanks for those bits, which POC is the one for this case ? the third one on the N1 form ? I'm sure you know that that one in its present form is likely to be struck out. The other two are sufficiently vague to further plead, just ditch the penalty arguments and expand the UTCCR as 5(1) - but the third one concentrates solely on price issues so needs amending completely.

Will try find your thread on CAG later xx

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

more yet.and hi natwest.i think im getting it.thanks m8.:tinysmile_grin_t:

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

heres another ill try and get more info on by tomorrow.i need sleep as i work early.

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

i do not have any paperwork(application documents ) with ref to the banks application to strike out my claim.i only have the court paperwork.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Hi Chubba

Can you give the court a ring ask if you can have a copy of A&L's letter asking for the strike out as you havent had anything off A&L ?

That'll help (I know we know what they'll have said and it will be pretty much exactly same as Yorkshire Banks applications but helps to see if there are any other angles they are taking).

If they cant then no worries, you simply need to defend the application based on what you know (ie that your POC has been wiped out by the SCoJ Judgment but other legal issues have arisen and other areas have come to light which you wish to have heard on their own merits etc)

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

rang the court not 5 mins ago.they have said, if they have the details i need,they will be sent out to me in the morning.:tinysmile_aha_t:

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

nice one ta

[scoobydoo]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

Hi

see you have found your way here safely already.

Glad to see you are getting some help already - I dont think you will get ignored here.



SCOOBY

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

got this from the court today.

[Amethyst]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

that all a&l sent ?

expect ''We enclose herewith the Supreme Court's own summary of its Judgment.'' is the press summary ( http://www.oft.gov.uk/shared_oft/per...ss_summary.pdf )

[chubbas dad]

Re: help? A&L - hearing beginning March - strike out app from bank hearing

thats all i got.a letter and the two page summary from the supreme court.