This is to the best of my knowledge:
So you have filed to sue your Bank or Mortgage company, does that mean the letters will stop coming, the simple answer is no, does it mean they will just back off and go away, same answer, NO.
So the obvious question is WHY am I bothering?
Seen the film the Matrix………
Basically, are you prepared to take the RED pill?
If you put in the time and effort you will get results, I am not going to put in writing how long you can extend or gain, that’s up to you. However, here is what you need to do to even stay in the loop, at anytime you do not perform = they will try and get it thrown out of court! Even before you have started.
The course you have decided to take means that you are going to have to start to read a few papers, take a few bits of good advice [no bar-room barristers], write a whole host of letters and basically start play games with your Bank / Mortgage Company.
The last letter I got from my mortgage company was “please stop writing to us, write to our solicitors”, so where I would send them one letter a week, they now get TWO, and I CC their solicitors!
So let the fun begin, and what you have done is two things:- you have just levelled the playing field and 2, you have started shooting back at the snipers, and the snipers don’t like that.,
1. You have served the bank (Claire C would have told you how this is done).
2. You have by the “letter of the Law”, 21 days to put in your Statement of Claim. So it would be best to have your SoC done before you serve, agree? Now, they may not send you a letter requesting your SoC within the 21 days, why????? They are looking for YOU to trip up, so make sure you stay within the letter of the law. What is the point of having it thrown out of court even before you have started.
1. If the plaintiff, being bound to deliver a statement of claim, does not deliver the same within the time allowed for that purpose, the defendant may, at the expiration of that time, apply to the Court to dismiss the action, with costs, for want of prosecution; and on the hearing of such application the Court may order the action to be dismissed accordingly, or may make such other order on such terms as the Court shall think just.
3. Once you have given the Bank / Mortgage Company your SoC (you do not have to register it, just serve them with it), they have 4 weeks to answer your claims.
4. Within the 4 weeks they will send it back rebutting certain points. And don’t forget what I said at the beginning “are you prepared to take the red pill”.
Now you are going to go out and buy a book [if you haven’t yet], The book is “How the banks are screwing you & what you can do about it”, by Marcus McKeown. ISBN: 978-0-9568403-1-0
Now come the fun bit:
1. You write back questioning them on the points they rebutted, don’t send ten question at once! Just give them a few, then send them a few more. You are gaining time. I did say at the start = you are going to have to send some letters.
2. Once that avenue is exhausted you hit them with your SoC number 2 (you are only allowed 2 Statements of Claim).
3. And process starts all over again.
4. Don’t rush off and bang out the letters, “it takes time to put these letters together”.
5. Are they going to answer your points?……. of course not. Now that’s the best bit, save all the letters, pin the together. Do you see how strong your case is getting?
In that book, How the banks are screwing you and what you can do about it, are a series of letters, you are going to start to use the general contents of that book & letters to pester your Bank / Mortgage company, and your letter will start:- “as part of our ongoing court case and as part of my case can you answer the following questions”.
1. Don’t put too many questions to them at once, get it?
2. Always quote your court case number.
3. If you put ‘WITHOUT PREJUDICE’ you can’t use it in court, so beware when you use this.
So when does it go to Court:
1. When you are ready and you have exhausted all of the Questions & Answers.
2. When you think you have dogged them enough!
3. When you decide to serve them with the “notice to proceed”.
What happens when we do go to Court:
Well the Masters Court is very much a non-verbal place, it is all done by affidavits, he may question you or them but generally you hand in yours & they hand in theirs [bit like kids, remember those days: you show me yours and I will show you mine. You will soon learn that’s as daft as it gets, you are in a playground, you just need to learn their rules]. And off it goes, the Master compares the affidavits and they, the banks answer your affidavits, this goes on step by step, affidavit by affidavit until all said affidavits are answered and there is nothing left but to enter the court room downstairs.
How long will you be in the Masters Court sorting things out, I don’t know but we were first serve our Summons by our banks [they first stared suing us, we turned the table], back in early 2009, it’s now 2013, I swallowed the RED pill and thanks God I did.