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Lincoln County Court/abuse of process
pokerpete
Posts: 8 Forumite
This is a letter we received from court this morning.
Before DISTRICT JUDGE TOOMBS sitting at Lincoln county court, 360 high street Lincoln
Upon the courts own motion. the court has made this order of its own initiative without a hearing. if you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.
IT IS ORDERED THAT
THE COURT OF ITS OWN MOTION IS CONSIDERING STRIKING OUT THE defense IN THIS ACTION AS AN ABUSE OF PROCESS.
the basis for the fact that the defendant is settling all claims of this nature where Claimants are seeking reimbursement of Bank Charges, with no claims proceeding to a contested hearing.
The court considers the authority of MULLEN V HACKNEY LONDON BOROUGH COUNCIL [1997] 2 A11ER relevant.
If the defendant objects to the proposed strike out it is ordered to file by 4:00pm on 27th July 2007 a schedule setting out all claims of this type in england and wales which have proceeded to a final contest hearing, after proceedings have been issued.
Upon receipt of any objections the Court will consider listing the claim for an on notice hearing of the strike out issue.
In the absence of any such objections being filed in time, the defense herein will be struck out and judgment entered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track.
dated 28 June 2007
(I think this is good ???????)
Before DISTRICT JUDGE TOOMBS sitting at Lincoln county court, 360 high street Lincoln
Upon the courts own motion. the court has made this order of its own initiative without a hearing. if you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.
IT IS ORDERED THAT
THE COURT OF ITS OWN MOTION IS CONSIDERING STRIKING OUT THE defense IN THIS ACTION AS AN ABUSE OF PROCESS.
the basis for the fact that the defendant is settling all claims of this nature where Claimants are seeking reimbursement of Bank Charges, with no claims proceeding to a contested hearing.
The court considers the authority of MULLEN V HACKNEY LONDON BOROUGH COUNCIL [1997] 2 A11ER relevant.
If the defendant objects to the proposed strike out it is ordered to file by 4:00pm on 27th July 2007 a schedule setting out all claims of this type in england and wales which have proceeded to a final contest hearing, after proceedings have been issued.
Upon receipt of any objections the Court will consider listing the claim for an on notice hearing of the strike out issue.
In the absence of any such objections being filed in time, the defense herein will be struck out and judgment entered for the amount claimed by the claimant, together with the appropriate costs claimable on the small claims track.
dated 28 June 2007
(I think this is good ???????)
0
Comments
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reading it through a few times.......i think this is good too. to me it reads that the bank are gonna settle all your claims for reimbursemant of your bank charges and that they aren't contesting it. ( i hope i've read it right.. it is monday morning after all!!)0
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The way i read this is that you should count yourself lucky in the fact you have stumbled into one of the few courts in the country that is no longer putting up with banks stringing the reclaiming process along by forcing the situation into court proceedings!
Basically what is says is that the court won't allow your case to appear in court because the judge knows that the bank won't turn up to defend and he's fed up with the banks wasting his time, therefore you will win unless the bank appeals for it to go to court!
Congratulation!:beer:0 -
Get in there, phew. i took the gamble on the 13th by rejecting there offer of £2150,
i'm holding out for the full £3062 that i am claiming for.
thx all
pete0 -
good luck with claiming the full amount. I'm gonna be taking the big jump very soon and start the big ball rolling by claiming me n my OH's charges back. After reading all the advice on here.... BRING IT ON!!!0
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I first heard of this via a friend, he had seen martin lewis on gmtv and decided to have a go.
he was chasing £1700, at first i was sceptical but the more i came onto this site,the more convinced i was that it was worth following up.
My friend accepted his first offer of £1400, he said "well its £1400 more than i thought i was due!".
Valid point, however, i believe the odds are so stacked in our favour,because of the wonderful work done by martin and co,that it would be foolish not to see it through to the end.
Keep on track with your claim my friend,
and dont let them scare you into an early settlement.
thx pete,.0 -
I have had personal experience of this particular judge recently (last month) and he is still battling the banks and treats them with utter contempt in court!
I felt that, for the first time, someone was actually listening to what happens to REAL people in real life! He's an absolute gem!
xHousework won't kill you, but why take the chance
The world is round and the place which may seem like the end may also be the beginning0 -
Congratulations on digging up this
4 year old thread! :cool:
Those were the days, eh?
Shame the OP didn't come back and tell us how they got on ... not that it would have any relevence to today. "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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