Difference between revisions of "Court Bundle: Non-Compliance Letter"
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− | Directions | + | |
+ | == Directions Non-Compliance Letters == | ||
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− | + | Some banks, or rather their solicitors, are getting very sloppy lately and are missing deadlines left right and centre, particularly orders to submit their court documents. | |
It has become clear that ringing to chase them up is fairly pointless and perhaps even counter-productive - in most cases they'll just give you the run-around. | It has become clear that ringing to chase them up is fairly pointless and perhaps even counter-productive - in most cases they'll just give you the run-around. | ||
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By doing so you have something to show to the court to document the abusive way they conduct their litigation, plus you don't have to suffer the rudeness and sheer arrogance of (most of, not all) the Sechiari staff as you do when you ring them. | By doing so you have something to show to the court to document the abusive way they conduct their litigation, plus you don't have to suffer the rudeness and sheer arrogance of (most of, not all) the Sechiari staff as you do when you ring them. | ||
− | Firstly, on the day their deadline expires (or as soon as possible after), send | + | Firstly, on the day their deadline expires (or as soon as possible after), send the bank or their solicitors the following letter enclosing a copy of the courts order. If possible, send a copy by fax, as well as post, and also send a copy to the court. |
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+ | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" | ||
+ | |----- | ||
+ | | | ||
+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
[You] | [You] | ||
− | + | [Your Bank's Address] | |
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[date] | [date] | ||
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Dear Sir/Madam, | Dear Sir/Madam, | ||
− | [You] –v- | + | [You] –v- [Your Bank Plc] |
Claim No: ******** | Claim No: ******** | ||
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I look forward to your prompt response. | I look forward to your prompt response. | ||
− | Yours faithfully | + | Yours faithfully |
+ | </div></blockquote> | ||
+ | |} | ||
+ | |||
Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above. | Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above. | ||
− | + | {| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;" | |
+ | |----- | ||
+ | | | ||
+ | <blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font> | ||
[you] | [you] | ||
− | District Judge | + | District Judge XXXXX |
+ | |||
C/O The Court Manager | C/O The Court Manager | ||
− | + | ||
+ | XXXXXX County Court | ||
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Court Address | Court Address | ||
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Postcode | Postcode | ||
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Dear Sir/Madam, | Dear Sir/Madam, | ||
− | [You] -v- | + | [You] -v- [Your Bank Plc] |
+ | |||
Claim No:******** | Claim No:******** | ||
− | I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge | + | I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge XXXXX dated [date] |
I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing. | I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing. | ||
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Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)(c) of the Civil Procedure Rules, or other such order as the court deems just. | Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)(c) of the Civil Procedure Rules, or other such order as the court deems just. | ||
− | Yours faithfully | + | Yours faithfully |
+ | </div></blockquote> | ||
+ | |} | ||
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+ | |||
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Going on the response so far, it seems quite unlikely that the court would go as far as ordering a strike out, but would probably issue another order that they submit the documents by a certain date or else they won't be able to rely on them at the hearing. | Going on the response so far, it seems quite unlikely that the court would go as far as ordering a strike out, but would probably issue another order that they submit the documents by a certain date or else they won't be able to rely on them at the hearing. | ||
− | In any case, it will give | + | In any case, it will give thew bank a good kick up the bum and more importantly, it demonstrates to the court that they are not conducting themselves professionally, which in light of the recent orders made in Lincoln can only be a good thing. |
Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side! | Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side! | ||
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[[Category:Bank_Charges]] | [[Category:Bank_Charges]] | ||
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Latest revision as of 14:01, 14 July 2007
Directions Non-Compliance Letters
Some banks, or rather their solicitors, are getting very sloppy lately and are missing deadlines left right and centre, particularly orders to submit their court documents.
It has become clear that ringing to chase them up is fairly pointless and perhaps even counter-productive - in most cases they'll just give you the run-around.
Instead, if they breach an order to submit documents, it is suggested that a better way of chasing them is by letter.
By doing so you have something to show to the court to document the abusive way they conduct their litigation, plus you don't have to suffer the rudeness and sheer arrogance of (most of, not all) the Sechiari staff as you do when you ring them.
Firstly, on the day their deadline expires (or as soon as possible after), send the bank or their solicitors the following letter enclosing a copy of the courts order. If possible, send a copy by fax, as well as post, and also send a copy to the court.
|
Its very unlikely that you'll get a response to this, so after the 7 days have elapsed send the following letter to the court, also enclosing a copy of the above.
|
Going on the response so far, it seems quite unlikely that the court would go as far as ordering a strike out, but would probably issue another order that they submit the documents by a certain date or else they won't be able to rely on them at the hearing.
In any case, it will give thew bank a good kick up the bum and more importantly, it demonstrates to the court that they are not conducting themselves professionally, which in light of the recent orders made in Lincoln can only be a good thing.
Also, if/when they settle, its very important that claimants write to inform the court and drop the claim. We need to do all we can to act properly and keep the courts on our side!