Castlebest in stays

[Castlebest]

I now have my court date notice for my stay appeal hearing on the 8th October (HSBC / DG Solicitors)

So its bundle time for me.

pete

[zootscoot]

Good luck

[grant123]

All the best.

[jansus]

yes best of luck from me too.

Jan

[Castlebest]

Gary and Alan have revised the stay removal application N244 part C statement adding the defendants notorious conduct section since I applied to have my stay removed.

Is it better to stick with what I have submitted on my N244 request or can I add the defendants notorious conduct section into my skeleton argument for my hearing?

pete

[zootscoot]

Probably best to stick with what you have at the moment. The additions are not the strongest of arguments and the judge is unlikely to accept new arguments at this point.

[Castlebest]

Well I arrived half an hour early and they checked me in on their list, I saw that the HSBC barrister had already signed in, she came and found me after about 10 minutes and gave me her skeleton argument which contained the normal twaddle (but 13 pages of it lol) and a copy of Heynes v HSBC (note she had sent this to the court but not to me ) so I gave her my bundle which she started to furiously make notes about (oh dear I sent it to the court but not to her ).

There was a 6 day case in progress in our court room but the Judge had adjourned it to hear our cases (oops barristers everywhere twiddling their thumbs)

We went into court (full courtroom) there were 3 other cases 2 Lloyds and one Abbey, Lloyds had sent a barrister Abbey hadn't and one of the Lloyds claimants was a no show. The Judge decided to hear the claimants in turn and then the barristers in turn so I went up first

I said as stated in my submissions I would like the stay removed but, baring in mind by the time my case got listed for hearing it would probably be the end of December early January anyway so I wouldn't be too upset if the stay remained. However I told the Judge I was very concerned that the bank was at liberty to continue with their regime of charges and threats of collection and default notices, (the further directions to accompany the stay are included in my stay appeal) and I also drew his attention to the Carlisle v Clydesdale judgment which I had included in my bundle.

The Lloyds Barrister asked for the appeal to be struck out for the person who didn't turn up and had managed to get the other Lloyds claimant to withdraw his appeal and the Abbey claimant basically just asked for the stay to be lifted, don't think either of them were very well informed or prepared, they didn't even know when the test case was due to be heard.

Next up was HSBC's barrister who said all of her reasons for opposing the lifting of the stay were in her skeleton argument and she also opposed any further directions being placed on the bank, she also stated that none were imposed in the Carlisle v Clydesdale judgment to which I added the Judge in that case has said if any measures are taken by the bank against the claimant the stay will be lifted and the case will go to hearing she shut up then .

The Judge asked if any costs were involved the Lloyds barrister said none but my barrister said she was very upset I had changed my submission (heart skipped a beat here, I hadn't !! I just beat her at her own game of giving information late lol) but would not be asking for costs (phew)
I think she was upset because I didn't actually argue for the stay to be lifted but had a very strong case for controls to be put on the bank.

The judge said he had to consider what we had all said and he was reserving judgment, we should all hear in 2 to 3 weeks time.

So I had fun in court and I don't think the Judge was opposed to what I had said but we shall see.

pete

[zootscoot]

Well done Pete,

Looks like you stood your ground well and had a judge that was willing to listen which is a bonus to what others have experienced.

Fingers crossed for you

Zoot

[Castlebest]

Quick question Zoot, I've had about £300 in charges since I submitted my claim to court do you think it would be better to do another claim for the new charges or alter the stayed claim I have to include the new charges?

pete

[zootscoot]

If you do it by amending your claim you need to get the bank to consent and pay the £35 fee (non refundable) you may need to get the application in before you hear about the stay as the court may refuse an application during the stay.

Alternatively make a new claim. You can claim back the court fee. Your claim may get merged with the present one and stayed.

[Castlebest]

Thanks Zoot, I think the new claim is the route to go

pete

[Castlebest]

Well I have had my Notice of Handing Down Judgment. Stay remains and no conditions imposed on the Bank .

The actual Handing Down of Judgment takes place on the 3rd December at 10am. if I attend would I get a chance to ask questions?

pete

[zootscoot]

If its simply the handing down of judgment then the matter has already been decided so attending is unlikely to affect anything. You could ask questions if you wished but this won't affect the decision. Sorry its not the best result but at this stage the courts are being really stubborn.

All the best

Zoot

[Castlebest]

Thanks zoot I think I will go in just to see what happens

pete

[choco]

I feel so despondent, why are they having hearings to remove the stay if they dont even want to lift it? I havent come across one person who's stay has been lifted

[Penfold92]

Becasue they have to be seen to be doing the right process...we are merely waiting for the stays to be lifted, OR the bank to mess up and give the Judge no choice but to lift...