L@@K!!!!

[hilaryfrances]

I have just had a letter from the court, I have had a hearing granted to see about lifting my stay on October the 15th at the Courthouse in Bradford. Any help, especially if you are a friendly, cheap solicitor will be most welcome. I could do with the money as, although I am not destitute we are feeling the pinch as I am not working at the moment. Any advice on what to expect, do or say will be most useful. Hils

[JunkiMunki]

Hiya Hils,
Have visited court last week to oppose the YB's Application to "SET ASIDE" THE Judgement made on 13th September 2007, granted through their default of a Judgement order made by the court on 27th June 2007, I wrote an EXTRA LONG LETTER TO TAKE WITH ME COVERING EVERY ASPECT , THEN AT THE LAST MOMENT TOLD THE jUDGE ALL THIS MONEY WAS UNLAWFULLY DEDUCTED FROM MY BENEFITS. IF YOU NEED ANY INFO LET ME KNOW

[JunkiMunki]

hils,
did they say whether or not they intend to appear or do they waht it without a hearing on their part, let me know if you can xxx

[hilaryfrances]

Hya JunkiMunki, my rich friend, (you may have lots of "friends" now!) My case is a little different to yours as my husband is working and thankfully we do not have to live on benefits. I will read the court papres again to see if YB are going to attend, not sure on this. Did they attend your hearing?

[JunkiMunki]

Hiya Hils,
sorry was late in getting back to you had a good spliff due to my earlier conquest, but have spent a good couple of hours doing some research work into my sons [2] of claims [stayed at present] ???? but to which [1] was given a default / black credit mark in june/july 2007, causing him to be refused for a loan with the HSBC , who know why but refuse to accept this [we know why].

ON the PAGE OF THE Application form they have made [Application Notice N244] at the top of the page left hand side is a box stating :: You should provide this information for listing application ..... 1 [c] is x on mine stating without a hearing , but I was determined to attend either way , then under that box it states complete parts A+B + PART C IF APPLICABLE;;;

Part A ... Should state the reason for applying for the order and according to what rules they are referring to, I just made sure I had answers to anything concerned with this statement and a few good back up defences in me opposement of the Application...
Hope this helps and if it does state the reaosn pm me and I might be able to give u some info xxxx shelley

[hilaryfrances]

hello Shelley, I think we are talking at cross purposes, the court order I have is in response to my challenge to them putting a stay on my case. I paid £35 to try and stop the YB putting a stay on my account, this crossed in the post with the court order telling me a stay had been put on my case, I then paid another £35 asking for the stay to be lifted. I sent an abridged version of the CAG letter with my first claim, and then I sent a more personal letter with my second appeal. I assume they are undecided wether or not to lift the stay which is why the court has decided to have a hearing. I have plenty of ammunition in my armoury, I want to make it plain to the court just what it is like when a bank takes control of your life. It is only after seeing this site that I reallised that there were thousands of other out there just like me. I am sure that peeps like the judges do not understand how we get in such debt but I hope to be able to be articulate enough to explain to them. Hils

[hilaryfrances]

heeelloooooo is there anybody there????????

[caro]

Hi Hils - only just spotted you here on your new thread. I'll move this to the forum for stays pending the OFT where you may get better help. There is a bundle in the bank templates library (of course ) which should help your case.

About time you got a day in court, even if it isn't to hear your case.

[monkeyboy65]

Hey Hils

Glad to know I'll not be on my own on 15th. Looks like they've gathered a few of us together to decide on our requests to lift the stays.

Anybody else out there?

MB

[hilaryfrances]

hey monkeyboy and caro, I want to be as well prepared for next week as possible. Does anyone know where it says that banks are only allowed to charge an admon fee and not a penalty charge?

[caro]

The legality of charges won't be an issue next week. It will purely about why your claim is different to thousands of others, and should not be stayed. This may help. Bundle for stay hearing

[hilaryfrances]

Well I am taking tomorrow off from my voluntary job to do my court bundlefor the removal of a stay, I was unaware I needed one. I shall take it to the YBs solicitors if I can find out which one they are going to use. I know it will be late but I only got the court papers last week and better late than never as they say!

[Castlebest]

That should be ok I actually took mine to court on the day and handed it to the banks barrister and she handed me hers (try to get a copy to the court beforehand if you can though).

If your hearing notice is anything like mine and a lot of others I have seen there are no directions to provide a skeleton argument or bundle anyway but it does give you a chance to state your case and gives some structure to the hearing when you are there, I know it helped me a lot.

good luck

pete

[hilaryfrances]

Thank you Castlebest, I will take a copy to the court no problem there. Did you win by the way?

[caro]

There's not a requirement for you to have a bundle, but it will certainly help your case if you can back up your application in this way.

[hilaryfrances]

thank you Caro, I am working on it today, it really would make my lifeeasier if I could get my money back but I am not BANKING on it, banking get it? Oh never mind, I am going to do all I can but I dont hold out much hope really. Still I can only try. Hils

[hilaryfrances]

can someone please tell me what the hummery utccr stands for

[Castlebest]

Unfair Terms in Consumer Contract Regulations 1999

My judge reserved judgment (he needed time to consider what we had all said) so I should hear in a week or two's time

pete