Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My main thread is situated at Waxsyd v First Direct
I have a hearing to have the stay lifted on 29th November at Sheffield CC.
Yesterday I received a witness statement from DG, that they have filed with the court, basically saying that the stay should remain. I'm suffering financial hardship at the moment and this has been a condition on my application to have the stay removed. DG are saying to the court that I have not provided any documentary evidence to them that I am actually suffering this hardship. Funnily I have heard nothing from DG or First Direct and then I get 3 letters from them in one week. First Direct firstly sent a letter asking why I haven't deposited any monies into the account for just over a month and wondered if I wasn't totally satisfied with the banking service I receive from them. Then they sent another letter about my claim for refund of charges asking that I should contact them to see if they could help and maybe offer some type of borrowing to help my position. Also attached to this was a Financial Statement they wanted me to complete a return. Obviously DG are referring to this in their witness statement. The Financial Statement and letter from First Direct was dated 14.11.07 which I received on the 15th and DG filed the witness statement dated 16.11.07 which I received on the 17th so even if I had filled it in straight away it wouldn't have been back with them in time!
I'm just a bit worried now that I haven't completed the Financial Statement and returned it or sent any documentary evidence to court re my situation. I've seen the bundle available on here for 'hearings on removal of stays' which I shall use when I go to court and I will also take documentary evidence to prove my hardship status.
Should I have done this before the hearing?
Is this standard, has anyone come across this before?
Anyone else in Sheffield CC on 29th November at 2.00pm?
The Notice of Hearing from the court only advises of the date & time and that I should attend. There are no mention of any directions etc. I phoned the court when I received the notice and asked if I needed to do anything. I was told to just bring any supporting or relevant material that may help me to the court.
I wasn't going to do the whole court bundle at this stage, just the part relating to removal of stay and financial hardship etc. Is this right?
I have mine on the 2 January, the court "claims" they sent me the letters etc on the 16 November but as of today's date I still dont have it! Anyway I got them to fax me a copy of it, I'm just going to prepare a bundle anyway.
Hearing to remove stay 0n 29th November
Reply With Quote
