I have a hearing date about the n244 i filled in

[shortcake]

I ticked the box 'without a hearing' but I don't mind, i'm happy that i'm getting a chance to heard.

How do I argue my case besides what I wrote on the form in the first place?

What info do I need to take with me & is this the same as the hearing that was stayed? Could they make a decision on the whole case or is just to see if my case can continue?

One worrying thing is that the letter says it could be heard by another judge in a different court. I really couldn't afford to travel too far away from home.

Thanks in advance.

[zootscoot]

Hi SC,

How do I argue my case besides what I wrote on the form in the first place?

Did you use the template from here?

What info do I need to take with me & is this the same as the hearing that was stayed? Could they make a decision on the whole case or is just to see if my case can continue?

You could print out the settled litigation details for your bank. If you are arguing hardship any evidence related to that eg bank statments or take along a budget sheet showing your income and outgoings (There is a budget sheet in the templates in the debt forum). They won't be deciding the whole case just the stay.

One worrying thing is that the letter says it could be heard by another judge in a different court. I really couldn't afford to travel too far away from home.

This is quite a standard thing that is written on most court orders. I'[ve yet to see one that has been transferred.

Best of luck

Zoot

[Michael Browne]

Budget planner link in General debt hasn't worked for months
Try this:
Budget Planner: How to manage your money...

[jansus]

Michael

Can I just ask then - if in principle you are not claiming hardship - are you saying that it is not worth filing N244?

I have been asked to go and see the judge on Tuesday regarding my claim. And I am losing a days wages to do so. I sincerely hope I am not wasting my time.

Yes I have followed the templates here.

[Michael Browne]

Can I just ask then - if in principle you are not claiming hardship - are you saying that it is not worth filing N244?

Not at all. If you can demonstrate financial hardship, then obviously that's an additional advantage (although if you can, you might not see it as such!!)

Without it the chances are admittedly much smaller, but I still believe it is worth applying to have the stay refused and it has been successful on several occasions

[jansus]

Thanks for that

I have a few more arguments up my sleeve - but i am not posting them on my thread(in this section) for fear of moles

jan

[shortcake]

Thanks Zoot. I got the idea from here & followed the guidelines for filling in the form, I used the hardship paragraph, then deviated a little to show how my case is different to the test case. Didn't put all the case stuff in because i didn't understand it. So I could take all that with me, as evidence, right?

I've read on someone else's thread that they argued about not receiving the banks bundle or something, well I didn't either, so thought I could mention that at the hearing?

Didn't think about using the details from the litigation section, thanks!

Michael, thanks for that link, that's going to be useful for lots of other reasons too!!

[zootscoot]

Thanks Zoot. I got the idea from here & followed the guidelines for filling in the form, I used the hardship paragraph, then deviated a little to show how my case is different to the test case. Didn't put all the case stuff in because i didn't understand it. So I could take all that with me, as evidence, right?

Yes

I've read on someone else's thread that they argued about not receiving the banks bundle or something, well I didn't either, so thought I could mention that at the hearing?

Yes they should comply with all directions from the court until a stay has been ordered by the court.

[Dougal16T]

Please see my posts regarding my stay and the application for it to be lifted - success even though HSBC sent a London Barrister!! I hope the information I have written might help. Remember the Master of the Rolls has issued specific guidelines - NOT 'do what you like' to the judges!!
Regards and best wishes to everyone - My post will tell you all about the Trial bundle the bank didn't send!!

[Michael Browne]

See Dougal16T's thread here:

HDR - v - HSBC

[jansus]

If you go to the FSA statement on the internet you will see there is a specific statement about hardship cases being filtered through (also on my thread in A&L successes)

Maybe you could use this as well?

Jan

[LS123]

Received notice today that I have a hearing in Oct re the stay removal request that I submiited - is this normal? I can't find anything on here re stay removal hearings.

Claim against Barclaycard

[jansus]

Originally Posted by LS123

Received notice today that I have a hearing in Oct re the stay removal request that I submiited - is this normal? I can't find anything on here re stay removal hearings.

Claim against Barclaycard

read my thread in A&L successes

then start your own thread here

I am sure you will get some help - I had exactly the same as you and have just had a settlement before the hearing

Jan

[shortcake]

Hey Jansus, just about to read your thread. Did they contact you before the hearing to see if you wanted to settle? There's 3 weeks to go before my hearing.

[jansus]

Hi

No they did not - and I did not try and negotiate before as I felt it would weaken my position- they only called 1 working day before when I complained about the solicitors attitude. But that is the A&L all over leave everything to the day before or the date of the hearing.

Which bank are you against and are you able to claimas a hardship case?


Jan

[jansus]

hadyanth vs Lloyds TSB - Goodbye fingernails...

jan

[shortcake]

i'm in court today.. my heart is racing already, god knows what state i'll be in by this afternoon. fingers crossed!

will let you all know what happens.