Re: Help please - can i remove stay for hardship?

[rh999]

Hi there
I would like some advice on where to go, as i am a little stuck.

Background;
Decided to apply for refund in March from LTSB, and have gone through the usual process, without help so far as i have been fairly confident of what was needed to do.

I have 2 problems at the moment with this.
1. My account is with collections, and they have been pursuing me to clear this debt (90% made up of charges). it got sent to BCW, who i dealt with quickly, and it got sent back to collections
Question on this is, if a stay goes ahead, can they continue to pursue me?
Can i use this as a reason for a stay not being placed on my claim?

2. Can i use hardship as a reason for a potential stay being removed?
i have over the last year had some financial difficulties - resulting in high mortgage arrears and council tax being passed to bailiffs (CC sorted now).
mortgage is not however. i have a posession order on the property, subject to me paying very high payments to mortgage. the posession order was gained in the same court i am claiming against LTSB.
would this be a good enough reason to get the stay removed?

hope someone can help.
thanks...

[jansus]

If you go to my thread in A&L successes you will see a post where I extracted part of the FSA statement - or you can find it on the internet where you will see that as part of the agreement for waiver the banks agreed to filter through hardship cases it is the best reason for lifting a stay
The Stay - Here is the application grounds for the removal of the stay


Please read all the threads in this section and if you decide to go ahead I suggest you have to be prepared to have a hearing about the stay and plead your case - but also maybe highlight this statement and send it o the bank with any correspondence.

If the stay is at the courts initiative you may be exempt fro paying the fee.

Jan