Hearing for my stay to be lifted.

[keren29]

NEWS on my Abbey claims

A bit unexpected as well.....

Claim 1 (£700) Request for stay to be lifted submitted on 9 October. Still with the District Judge

However

Claim 2 (£3800) Request for stay to be lifted submitted 19 October (I know, 10 days later!!)

"the hearing of the claimants application for Stay to be Set Aside will take place at 11.30 on the 24 November."

I am surprised at this. I expected the stay to either be lifted, or the application to be refused. I'm also surprised the one applied for first is still with the Judge.

So, off to court to get the stay lifted! I wonder if I will end up going for the smaller claim also.

I paid the standard £35 fee (application without a hearing) for each claim
Spoke to the court and apparently the Abbey will have to attend.

After going for my citi hearing i'll almost be on first name terms with the staff at the court........

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Kate Brayne]

I too have a hearing for my stay to be lifted on 27th November. Do we actually have a chance to speak, and if so, has anyone successfully had their stay removed, and what did they say?
Kate

[keren29]

I think we do have the opportunity to speak. I am guessing we will need to put forward our points as to why we would like the stay lifted.

I've looked but can't find any other stay hearings. Everyone else seems to have them lifted without a hearing!

Is yours with the Abbey also Kate?

[Kate Brayne]

Dear Keren,
No, my claim is with Lloyds TSB. I hadn't realized that some people were getting stays lifted without a hearing - I've not been visiting the forum often enough. It does seem that policy is being written on the hoof - I managed to get the hearing to have my stay lifted by writing a letter to the court - other people seem to have to pay up to £65 and fill in special forms. I'll keep an eye out to see how you get on on the 24th.
Good luck,
Kate

[BankFodder]

Yes you will have an opportunity to speak to your application grounds for the removal of a stay.
If you have submitted the spreadsheet of settled claims it will be an opportunity to submit an updated version and also to make any additional point you wish to make.

I suggest also that you print out and summarise the main points in the the competition commission report which I have linked in the stickies. Take that along and point it out to the judge.
Also raise any new idea which have come to you.

It will be good practice in court because it is not a crucial event suchg as a full hearing.
You should try to learn from the experience.

Also, having pointed out the conclusions from the Comp.Comm document, ask the judge for standard discl0sure.

[GaryH]

Hi Karen,

I got my stay lifted at a hearing. I've already replied on your Abbey thread keren29 v Abbey ** WON **

If you would like to see or use my stay removal guidance notes, let me know.

[Kate Brayne]

Dear Keren,
Good luck for tomorrow, I hope your stay gets lifted.
Best wishes,
Kate

[marcopolo]

All the best for tomorrow we will be think about you!!

[keren29]

Cheers guys, fingers crossed.

[mcuth]

Aye, good luck for tomorrow keren

Cheers

Michael

[keren29]

I'm back.

The Abbey didn't attend, but sent a letter saying they neither agreed with nor objected to the stay being lifted.

He lifted the stay and , as I predicted, has scheduled it for 22 February with all the the others.

He said that if he had seen the application earlier he would not have had the hearing and would have added it to the 22nd Feb list, but a Deputy had ordered the hearing today.

He said that he understood that it was causing me financial difficulty but that if he now listed my case separately it would defeat the object of having a big hearing on the 22nd and that the earliest hearing dates were February anyway. He said they had lots to deal with and had to consider the available resources in the court.

He said the reason he had originally put stays on the claims was because he was waiting for some 'meaty' claims to go through the Mercantile, but because they had all been settled, he had decided to lift all the stays he had ordered and push them through all on one day. He will be dealing with all the Abbey cases together, then all the Nat West ones etc.

He said that the hearing date will either be a damp squib because everyone will have settled, or it will be a mad scramble for seats!

That means I have all three of my outstanding claims (2 with the Abbey and 1 with Citicards) on the same day at the same time!!)

[mcuth]

Originally Posted by keren29

The Abbey didn't attend, but sent a letter saying they neither agreed with nor objected to the stay being lifted.

Isn't that a surprise *sigh*
I really wish the slippery &^%*$£@ would either get into a court to argue the toss or completely admit every claim right off the bat.

Anyway, sounds like the hearing went well Keren & your judge is pretty switched on - 22nd Feb should be interesting

Cheers

Michael