Stay Lifted At Eastbourne County Court

[Dougal16T]

Thanks freakyleaky - and all of you. I have just (10) minutes ago been in front of Deputy District Judge Parkes, she listenend to my pleadings which were taken from this site - Thanks for that - about a stay contradicting my human rights and was about to allow the stay to remain....HSBC sent a Barrister (£500.00 an hour???!!!), BUT this lady barrister was not instructed by DG, she was instructed by another firm of Solicitors!! This barrister tried to argue that mine was the only case which was asking for a stay to be lifted and that in every other case a stay was being kept. I said this was not the case, and quoted details from this site. I then told the Judge EXACTLYwhat had happened since the beginning of this claim - took 7 visits and over six months to get my statements - no response from HSBC to LBA, sent 4 letters to DG over 2 months - no response to those, not even acknowledgement! Told how I filed my Trial Bundle on 3/7/07 and DG had until 30/7/07, but had not filed. Also said nothing heard from DG at all as at today's date. Barrister embarrassed and said 'would seek instructions' offered to speak to her clients for me - I declined. Barrister said "DG did not file bundle because of the OFT ruling", I replied " That ruling went public on 27/08/07, which was a Friday, the last date for DG to file was that day because their time limit expired on 30/8/2007 the following Monday, therefore it was clear they were abusing the system and had no intention of defending", Judge was not pleased and proceeded to tell Barrister to speak to her clients in this regard. I also added that I am being taken to Court for repossession of my property by GE Money on 13th September 2007, following a long and acrimonious divorce, I receive Incapacity benefit, Industrial injuries benefit and am registered disabled. I told the Judge if HSBC had paid when I first requested them to do so, I would have been up to date on my mortgage. I showed the Judge written proof of all of this. Judge then said " I am going to the lift the stay in view of the hardship that has been caused by the defendants lack of action.I am setting the matter down for Final Hearing on 6th September 2007 time estimate one and a half hours". I thanked the Judge...Barrister not happy bunny.!....then left for some fresh air.
There is Justice after all - let's not be beaten by these bullies. It is our right to fair and proper treatment from everyone, provided we return that to those we encounter.
SINCERE THANKS TO ALL ON THIS SITE - GREETINGS TO THOSE WHO WERE THERE - AND REMEMBER 'IT'S OUR MONEY WE'RE AFTER!!
KIND REGARDS TO EVERYONE.

Watch this space..........

[zootscoot]

Fabulous news!

This should give hope to others to carry on the fight.

Best of luck for the rest of the claim.

Here's hoping for a speedy settlement.

Zoot

[Mister Twister]

Well Done!

Please could you let me know your claim number since I am writing to a District Judge this morning (the usher has offered to take the letter into the chamber) to have a stay lifted for a hearing on Thursday.

Cheers!

[Night Owl]

Well done for standing your ground and putting up a fair and organised fight in front of a badly organised defense.
Takes guts and you executed it to your advantage and lifted the stay.
Well done and good luck.
Night Owl

[jansus]

Fantastic - well done - at least there is some hope for people with genuine hardship cases - Good for you for fighting your corner so well.


Best of luck for the final hearing

[Micky the Hippo]

Well done dougal, best of luck with all of it including the repossession malarky/divorce/etc

it'll get better

[callumsgran]

Way hay!!!
Good for you, and any others in the same position

[deep]

Excellant news, keep us informed.

I genuinely hope all goes well for you with GE Money, have you got a thread on this site on a forum for repossesion?

Kindest regards

Dee

[Dougal16T]

Thanks Mister Twister, Night Owl, Jansus, Micky the Hippo, Cillit Banger and of course Dee

Thank you from the bottom of my heart for your kind thoughts.

I once heard that wonderful Chinese philosophy 'The journey of a thousand miles starts with the first step.' - Well at least I've only got 999 miles to go!!

I don't have a thread on this site for repossession - but I may well be able to get the action stopped......watch this space!!

Best wishes
Howard....(Dougal16T)

[DIVERMOOSE]

Hi Howard

Thanks for your support on other thread!
I cannot claim poverty, I am reasonably paid but in the mire from years gone by and debt when unemployed for 2 years, banks never let you catch up! Kids have not had holiday for 6 years etc but dont think that would sway an soft hearted judges!
I assume from the reading of my General Frm of Judgement or Order that the Judge has imposed the stay and this has not come from th bank! Reading ther threads does this mean I only need to send a letter stating why I think the stay should be lifted and I dont need to send form N144 or whatever it is!

How have you found the process? Is it daunting/upsetting/excillerating????

PS - Good luck with sorting your house out!

[kennythecelt]

Brillaint news- delighted for you!!
I can see what you have been put through and I wish you and yours all the best!!
You have achieved a lot!!

[hubble]

I have written to my bank (halifax) asking for my money back - got the reply stating the oft waiver on information etc. Should I proceed and issue a court claim. My local court is referring all claims to the District Judge at the moment, most likely to issue a stay pending the outcome of the oft hearing?

[Dougal16T]

[quote=DIVERMOOSE;1091815]Hi Howard

Thanks for your support on other thread!
I cannot claim poverty, I am reasonably paid but in the mire from years gone by and debt when unemployed for 2 years, banks never let you catch up! Kids have not had holiday for 6 years etc but dont think that would sway an soft hearted judges!
I assume from the reading of my General Frm of Judgement or Order that the Judge has imposed the stay and this has not come from th bank! Reading there threads does this mean I only need to send a letter stating why I think the stay should be lifted and I dont need to send form N144 or whatever it is!

How have you found the process? Is it daunting/upsetting/excillerating????

Hi Divermoose, and all of my fellow footsoldiers (!),

Please re-read my posts - the part about the date the case was set for trial is very important as well as pleading poverty!!

Any questions, please feel free to PM me.

Best wishes everyone, I could not have got this far without you.

[Audreygreeneyes]

Well done Dougal, very expertly handle.... coudl you possilby post the claim refernece number.............

it would eb very useful in my stay hearing as DG should ahve submitted and served on the court and me by the 24th july 3 days before the oft announcement.........

again well done and good luck with the other thing

[Dougal16T]

As requested:

Eastbourne County Court Claim against HSBC ref numbers (2 claims) are : 7QZ62507 (over £4,000) and 7QT11609 (over £200.00), both being tried on 24th Sept 07 at 2.30 p.m.

Best wishes all....

[TUTTSI]

I just wanted to wish you GOOD LUCK for your hearing next week.
DS

[jansus]

And the same from me - will be thinking of you

dont forget to smile for the cameras!



Jan