Hearing to remove stay 5th October Help needed

[GlennMitch]

I have just got a date for hearing to remove the stay set by the Judge in Milton Keynes County court on 5th October, its Halifax Plc, what do I need to know and what do I need to take with me to this hearing.

Glenn

[zootscoot]

Have a look at the bundle for stay hearings and read through all the information to ensure that you understand the arguments you will be relying on.

Good luck

[Castlebest]

And read these two threads for an idea of how the court situation should be

Post #39 on this one
http://www.consumeractiongroup.co.uk...tsb-court.html

Post #23 on this one

HDR - v - HSBC

both threads have loads of usefully info on them besides those two posts

pete

[GlennMitch]

thank you for all your replys (need to read a lot now) I have a question, do I need to prepare a bundle and hand it into the court before the hearing, would I need to send a copy of the bundle to halifax plc also??

very out of my depth here so all help would be appriciated


Glenn

[gizzard2k]

hi glennmitch
i'v also got a hearing on the 5th oct, i sent my N244 along with my objection letter ( the one posted on this site )i'v since been away and only got back yesterday, im now in a panic do i have to send a bundle to the court/bank to remove a stay, does it have to reach them 7 days before hearing. i'v printed human rights act,overriding objective,oft claim and BBC news oft compromise ( will read at work today) what else do i need.
also feel very much out of my depth. help

[Castlebest]

I don't think I have seen a set of directions for a stay hearing that asks for a bundle but it makes sense to do one and should give the hearing some structure and help you get your points across to the Judge.

Generally bundles should be sent about 14 days before the hearing date to allow them to catch up to your case file and the Judge to read them if he so wishes and yes a copy should be sent to the banks representative and keep a copy for yourself.

pete

[GlennMitch]

Went to court today at 11 30, Halifax solicitor turned up but wasnt prepared, Halifax brought up the case of Andrew Carlisle and others v Clydesdale Bank plc (trading as yorkshire bank) and others, on 29th August 2007 before His Honour Judge Behrens (sitting as a Judge of the High Court) in Leeds have copy if needed, the stay left on in this case.

The Judge today adjourned our case so we can go back at a later time if we get any evidence that other stays have been lifted, he also said that in the Milton Keynes Court that stays will automatically be lifted if the Test Case fails to go ahead on 14th Jan 2008 or if it does when that case has finished.

Halifax tried to get costs, but the Judge said NO this is a small claims court and in this case I am not granting you costs.

So I neither won or lost,

Are there any stays that have been lifted?

[gizzard2k]

i went today, said the stay infringed on my right to an expediant hearing, the judge said the european courts considered anything up to 2 years as ok, i said that according to a BBC news report the OFT test case was likely to be settled without a hearing and would leave the issues of my case unresolved, he said this was hearsay and not fact, i then said that the test case could take up to 2 years if appealed, he said it was fast tracked and any appeals would be fast tracked
there was more but by this time my head was in bits. but next time i'll know what to expect

[Castlebest]

Thanks for the copy of the judgment Glenn, I actually think Judge Behrens was very fare and as he was sitting as a high court judge this should be used by most if not all of the county courts as guidance.

Two things come out of his decision firstly the stays should end when the first instance judgment is reached in the test case, so when the banks appeal it shouldn't affect our claims and second if the banks try to recover any charges they have applied while the stays are in place or report defaults the stay comes off and we go to court

I can live with that

pete