Defence for those having their action stayed

Mark_My_Words

Stokey125 wrote: »

Basically this would have to be done by court order the maount iin dispute is paid into court, (actually it is paid to the court funds office who then hold the money in thier account until ordered to pay it out. Where both parties ar e represented by solicitors the same effect happens by the solicitors holding the money in a special join account with the money only paid out on a joint account. Money paid in to court has interst added to it I believe the ordinary inteest is 4%

Wow fast reply thank you.

So my assumption is that i would have to pay that money to the court?

johnhope

I received a letter by ABBEY this morning telling me that they were going to defend my claim against them and that they were going to ask for a stay of claim. Can they do this? If so why should I have to wait for however long this will take, they reckon at least the start of next year. That will have been going on for a year and I will be sick of it. They had the chance to sort this out earlier and ignored me all the way.

Stokey125

Mark_My_Words wrote: »

Wow fast reply thank you.

So my assumption is that i would have to pay that money to the court?

First assuming the bank agrees to this you would need to get an order for this to be done then ask the court for a CFO100 fill this in and send it with a cheque to the court funds office.

JaxMax_2

Looks like Abbey are sending out letters thick and fast....... I received one today advising me they will be asking for a stay. My court case is next week (17th).

My question is this, so far the court has said that the case is still going ahead, but this may change now if Abbey do ask for a stay. Is there anything I can do beforehand to try to stop them getting a stay or do I have to just wait now to see if the stay is granted and then appeal it?

Thanks
Jackie

lindilou39

johnhope wrote: »

I received a letter by ABBEY this morning telling me that they were going to defend my claim against them and that they were going to ask for a stay of claim. Can they do this? If so why should I have to wait for however long this will take, they reckon at least the start of next year. That will have been going on for a year and I will be sick of it. They had the chance to sort this out earlier and ignored me all the way.

well they can defend if they like, they can apply for a stay yes...whether it is granted is another matter.

Stokey125

johnhope wrote: »

I received a letter by ABBEY this morning telling me that they were going to defend my claim against them and that they were going to ask for a stay of claim. Can they do this? If so why should I have to wait for however long this will take, they reckon at least the start of next year. That will have been going on for a year and I will be sick of it. They had the chance to sort this out earlier and ignored me all the way.

They can ask for a stay it is fifty/fifty whether they wil get it. If they do get the stay it is open to you if there is a material change to apply for the stay to be set aside. A material change is if the Judge at Southend County Court on 4 December rules against the bank then you can argue that a stay is no longer necessary as the question has been answered.

sugarpuffgirl

hi ya doing this for my little bro, we have already done the court thing and they have acknowledged and say they have 28days to file a defence, and they also sent another letter saying that they are going to ask for a stay. they also say they are going to stick with their offer that they made already and we have 2months to accept.
Do you think if we carry on with the court case a stay will be granted if so will we still be able to accept the offer they made before???

thanks for any help

Tracey x

lindilou39

sugarpuffgirl wrote: »

hi ya doing this for my little bro, we have already done the court thing and they have acknowledged and say they have 28days to file a defence, and they also sent another letter saying that they are going to ask for a stay. they also say they are going to stick with their offer that they made already and we have 2months to accept.
Do you think if we carry on with the court case a stay will be granted if so will we still be able to accept the offer they made before???

thank for any help

Tracey x

accept the offer as part payment only and without prejudice if a stay is granted then its granted unless you apply to have it set aside, but as you have made your claim you may aswell stick it out.

sugarpuffgirl

lindilou39 wrote: »

accept the offer as part payment only and without prejudice if a stay is granted then its granted unless you apply to have it set aside, but as you have made your claim you may aswell stick it out.

They have write in the letter that they will only pay out if we say this is the end of the matter, and wont pay out unless we sign saying we agree.

thanks
Tracey x

lindilou39

sugarpuffgirl wrote: »

They have write in the letter that they will only pay out if we say this is the end of the matter, and wont pay out unless we sign saying we agree.

thanks
Tracey x

can I ask what they offered you and what you are claiming??