what happens if defendant dont send me court bundle befoe court

jorodgers62

Hi All

Im in court 20th August, was told in letter that both parties have to send court bundle to other party and to court 14 days before case.

So Mine are all sorted and sent, but solicitors have told me not to expect them to send their copies to me.

my question - what happens if they dont comply, can I not inform court before and hopefully avoid turning up at court, will the judge do anything before or will I just have to inform judge on the day if they haven't settled.

Joanne

lindilou39

You should have a copy of the Defendants Defence, this is their bundle and what they are relying on in court.

Stokey125

jorodgers62 wrote: »

Hi All

Im in court 20th August, was told in letter that both parties have to send court bundle to other party and to court 14 days before case.

So Mine are all sorted and sent, but solicitors have told me not to expect them to send their copies to me.

my question - what happens if they dont comply, can I not inform court before and hopefully avoid turning up at court, will the judge do anything before or will I just have to inform judge on the day if they haven't settled.

Joanne

If they do not send you the bundle and they confirm that they are not sending it to you you should, after telling them you are going to, apply to the court for an order that unless they provide the bundle they be barred from further defending. You should also add that the Defendants should pay the costs of the applicationin any event. This second part is needed so that you get your costs of the applciation whatever happens in the main case.

suelumsden

I am in court next monday 13th, not heard if there is a stay or anything, so I am going ahead and will turn up. I have not been asked to provide a court bundle, is this unusual. I dont want to turn up and be unprepared. I have all the correspondence from the Abbey, all bank statments with charges on, all their defence and everything. Will this be okay?

Stokey125

suelumsden wrote: »

I am in court next monday 13th, not heard if there is a stay or anything, so I am going ahead and will turn up. I have not been asked to provide a court bundle, is this unusual. I dont want to turn up and be unprepared. I have all the correspondence from the Abbey, all bank statments with charges on, all their defence and everything. Will this be okay?

Yes but also check the threads for arguments against a stay being imposed in case the bank apply for a stay.

FieryBlondeScot

hi sue

i am in the same position as you i am in court on Tues 7th with barclays but have not recieved their bundle. i dunno what i am doing at court- ie am i applying to have it struck out, applying to contest the stay if nec, or fighting my case as before this OFT thing!!!

Please post back and let us know what happened!

Stokey125

FieryBlondeScot wrote: »

hi sue

i am in the same position as you i am in court on Tues 7th with barclays but have not recieved their bundle. i dunno what i am doing at court- ie am i applying to have it struck out, applying to contest the stay if nec, or fighting my case as before this OFT thing!!!

Please post back and let us know what happened!

As with Sue be prepared for an application for a stay and to argue against a stay. Also inform the court that the deefendant has not supplied you with thier bundle so you do notknow what documents they are seeking to rely on. Let us know how you get on.

FieryBlondeScot

i rang the court this morning re not recieving the court bundle, they havent eitehr. i asked if i can get it struck out for non compliance and the woman said 'tell the judge tomorrow' .....then i asked if they have actually applied for a stay yet and she said noso.... they will most likely turn up and i ask the judge to strike it out- he may say no, then what is the point of having directions????they will likely ask for a stay on the spot.... i amt hinking imagine if i wasnt prepared for all this id be in a right state.... for the people who dont know about this site it really is quite awful behaviour from the banks and poss the judges too

Stokey125

FieryBlondeScot wrote: »

i rang the court this morning re not recieving the court bundle, they havent eitehr. i asked if i can get it struck out for non compliance and the woman said 'tell the judge tomorrow' .....then i asked if they have actually applied for a stay yet and she said noso.... they will most likely turn up and i ask the judge to strike it out- he may say no, then what is the point of having directions????they will likely ask for a stay on the spot.... i amt hinking imagine if i wasnt prepared for all this id be in a right state.... for the people who dont know about this site it really is quite awful behaviour from the banks and poss the judges too

Warning last week Barclays went to see the judge while claimants were waiting and got a stay before they could say anything. To guard against this get there early and see the usher and tell him that you are here and to tell the judge that you want to be heard on any application for a stay.

moonflower_2

Hi
I am in the same position - I have sent my court bundle to the court and also

to hsbc, on the 27th July.The case is being heard in Oxford, I have not

recieved the court bundle from hsbc and I have also rung the court, they say they cant advise!

The directions hearing is set for 10th October. Is there anything else I should do.

The claim is very small £207 with interest however I dont want them to get

away with it. Any helpful comments. ohh also I did recieve a strange letter

asking for my account details and branch sortcode from DG solicitors. after they have defended the claim. What do you think? Are they about to settle

Stokey125

moonflower wrote: »

Hi
I am in the same position - I have sent my court bundle to the court and also

to hsbc, on the 27th July.The case is being heard in Oxford, I have not

recieved the court bundle from hsbc and I have also rung the court, they say they cant advise!

The directions hearing is set for 10th October. Is there anything else I should do.

The claim is very small £207 with interest however I dont want them to get

away with it. Any helpful comments. ohh also I did recieve a strange letter

asking for my account details and branch sortcode from DG solicitors. after they have defended the claim. What do you think? Are they about to settle

Do banks ever comply with court orders to provide bundles? As you have time I would apply to the court for an order that unless HSBC supply a bundle within 14 days they be barred from further defending.