Hi all,

Had a claim in court stayed in November 2007 for £2800 (approx) against HSBC. My financial situation has now changed due to the fact that I am a housewife and my partner is now unemployed. I have taken advice from a debt management agency and am currently writing to HSBC concerning the accounts, loans and credit cards we have with them (for this I have supplied them with a financial statement and a list of my crediters).

I have totalled up the charges they have imposed since my claim which went to courtand they are another £2900.

I would like HSBC to look at my original stayed claim but also the additional charges in respect of a hardship claim but am unsure how to go about it.

Any help would be greatly appreciated.

I would consider them using the settlement money to write of existing debts we hold with them.

The stay remains in place, but I do have to say that all in all was not that bad an outcome.

The solicitor from Dg approached as soon as he heard I was there to inform me he was going to apply for a stay in this claim. When I asked why he looked really happy and proceeded to inform me about OFT test case. I pointed out I knew all of this but a stay had already been imposed by the court it self 3 days ago and that I was present to appeal this stay, I can only say Gobsmaked!!!!!!

We went into chambers Judge very nice went through appeal etc. I then pointed out that as I entered Judgement 4 days before notice of stay due to the defendant not following dirrections of order that I felt the stay unfair and should be lifted to allow Judgement by default.

This is where it went wrong the request for judgement I had already submitted was the incorrect format as it covered no initial defence not compliance with court order, because of this no judgement could be granted, and the stay could not be lifted on these grounds.

A quick heads up though DG are basing arguements for a stay to remain in place on four cases that had gone to appeal at canterbry court on 28th September 2 lloyds, 1 barclays and i think abbey where the judge through out all appeals on varying grounds.

The judge asked why they had not sent a response to my schedule the excuse was with the OFT case being the same as all single cases would not of had time to collect information. got a bit of a tell of about flaunting orders with out notification to court.

Sorry its a bit gloomy but still earning the intrest daily

thanks again will keep informed I feel that it all depends on the judges view before we even get their though. will let everyone know what happens once I'm back.

Thank you, am starting to read through documents again. I still havent presented any docs to court or DG I just sent Witness statement to support application to lift order of stay, OFT's particulars of claim and settled cases sample. Would I need to take with me a copy for court and DG of other docs in my bundle ie. Human rights act 1998, CPR Part 1 & 3, BBC transcript OFT may compromise on bank case. In which case should i number and index them as I did with original court bundle?

I think I will need luck head spinning don't know what Im ging to hacve to face and just need to hope can argue my case once their as am having difficulty relating anybody elses advice to my particular case. One just never knows what could happen on the day am just going to make over-riding objection being that judgement should have already been granted prior to stay being imposed.

I have done a copy of the stay bundle but havent sent one to either courts or DG

should i take copies for them tomorrow?

Am i right that I am unable to use CPR 3.3 (5) and 3.9 as the courts have applied the stay not HSBC.

Leaving me only with my arguement being that I requested judgement on 22nd September due to the defendant not issueing their court bundle by the 20th September as dirrected by the court. The order for stay was dated 26th September?

my hearing tomorrow is to appeal against the stay that has ben placed by the court, I am pursueing for 2 accounts both of which are still active and currently in agreed overdraft limit. I have drafted witness statement of which i have already sent copies to both court and DG.

in light of the unfortunate events today with AGE I understand she feels unable to give advice although I am sure it was awkward judge not her advice but please could someone look at my case as I now feel completely unarmed for my hearing tomorrow morning. Thank you

sorry to hear it didnt go the right way, looks like they are getting craftier, I guess my outcome tomorrow wont be much better. Heres to January and the next round

The original directions for claim. Hearing date 11/10/07 11.00am

1. This case is one of a number listed at the same time. Both parties must be ready for trial at that time. Depending on the number of cases proceeding on that date, the judge will give directions as to the order in which they will be heard, which may involve grouping cases raising similar issues and/or adjourning some cases to a later date.

2. The claimant shall by the 6th September send to the defendant and to the court:-

a. A schedule setting out each charge the claimant seeks to recover showing the date, amount and reason give (if any) for that charge being made.

b. A secure bundle of copy bank statements or other documents relied upon as showing that each and every charge has been made, with each page numbered.

c. A statement of evidence of all matters relied upon as showing that the charges are irrecoverable as penalties or otherwise.

d. Copies of decided cases and other legal material to be relied upon.

In default the claim shall stand struck out without further order.

3. The defe4ndant shall by the 20th september send to the claimant and to the court a response to the claimants schedule stating in respect of each item claimed.

a. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon.

b. Whether such a charge is accepted to be a penalty, and if not why not.

c. If such a charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is treated as a breach of contract between the parties). all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

d. If such charge is not alleged to be a pre-estimate of the defendants loss incurred by the claimants actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculatted and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

e. Any witness statements.

f. Copies of decided cases and other legal materials to be relied upon.

In default, the defence shall stand struck out without further order and the claimant may obtain judgement with costs by filling a request for judgement.

4. The parties must notify the courts forthwith if there are any issues of law or fact which may affect the track or time estimate for the hearing. any such issues must be clearly and fully defined.

5. The court must be informed immediately if the case is settled by agreement before the hearing date.

6. setting aside etc order of courts own motion

Any party affected by this order may apply to the court to have it set aside, varied or stayed. Such application must be made in accordance with CPR Part 23 within 7 days of service of this order.

Date: 13th August 2007.

I think this is now a very full overview of my case.

didnt realise your hearing was today all the best will catch up after to discus my directions thanks for help and support already given.

original court date was for small claims track hearing. I needed to have court bundle in by 6th sept (which i did) DG should have sent theirs in by 20th Sept (they did not). on the 22nd sept applied for judgement (no response), on the 26th sept had general form of judgement or order.

"Before district judge etc......

Upon reading the court file

It is ordered that appearing that the proceedings have been bought by OFT etc......

And upon this case having been listed for a hearing eith a time estimate which ios clearly insufficient fo the case to be heard

And upon the parties having had no opportunity to make representations with regard to the question of a stay

It is ordered that

1. The claim is stayed until further order to await the final determination including ( for the avoiodance of doubt) any appeal of the test case.

2. Either party mey apply upon not less than 7 days written notice to lift the stay.

3. This claim shall be struck out at 4pm on 31st December 2008 unless by then an application to lift or extend the stay has been recieved by the court.

4. This order will come into effect at 4pm on 8th Oct unless by then the court has recieved written representations from any party seeking that the claim proceed to trial.

5. any such representations must be copied to the other party.

6. If any such representations are made the issue of a stay will be further considered at the listed hearing.

I sent my witness statement in support of application to lift order of stay to courts and DG on 27th September.

Have not had any correspondance but called courts yesterday and was told my case was still listed for thursday.

Is this the info you need or do you want my original dirrections as well?

thanks;)

I have also seen some reference to the london case what is this and how would I be able to get a copy?

Thanks for help and support only got 1 day before court hearing.

I'm sure I'm being a bit thick but have been going through as many relevant threads to stay hearings and can't find any arguments relevent to my case. The judge has ordered the stay it was not requested by DG Solicitors although they informed me that they intended to apply. Can I still use the arguments regarding CPR 3.3 and 3.9 in this instance? If it is helpful to gain advice I will copy details of order to have relevent info. In the letter I submitted regarding appeal against stay I included witness statement OFT particulars and a sample of claims.:?

I have not sent a bundle to the courts or DG regarding appealling to have stay lifted. I just sent a witness statement along with copy of OFT particulars of claim, and settled claims sample. Would i need to take along a copy of bundle for courts and DG as with no post could not get them there by thursday?

Hi, have sent application of appeal against a stay being imposed on the 8th Oct, and have been informed by courts that hearing date of 11th Oct still stays. I presume this is to appeal at the hearing against the stay. What documents, and arguments do I need to take with me? All help and advise will be greatly appreciated. Should I take my original Court Bundle with me as well. Thanks.

Have any more claims been settled since OFT announcement have got a list of nine but none in september is this correct.

Thanks again, to make the statement of evidence relevent to my specific case was going to put in at the startafter points 1 & 2

"3. I also understand that the court believes that neither parties have had an opportunity to make representations with regard to the question of a stay. The Office of Fair Trading case was bought in 27th July 2007, on the 5th September DG Solicitors sent me a letter to infrom myself that the would be applying for a stay, but did not however approach the court."

what do you think any good or not really needed?

Thanks for all the help so far, have hit disappointment as this morning recieved general form of order from courts. a stay has been placed but the courts have done this not through a request from DG solicitors. In the letter it states

"IT IS ORDERED that

Upon it appearing that proceedings have been brought by the OFT in the HC on 27th JULY (blah blah)

AND UPON this case being listed for a hearing with a time estimate which is insufficient for the case to be heard.

AND UPON the partied having no opportunity to make representations with regard to the question of a stay.

IT IS ORDERED that

1. The claim is stayed until further order to await the final determination including (for the avoidance of doubt) any appeal of the test case.

2. Either party may apply upon less than 7 days written nottice to lift the stay.

3. This claim shall be struck out at 4pm on 31st December 2008 unless by then an application to lift or extend the stay has been recieved by the court.

4. This order will come into effect at 4pm on 8th October 2007 unless by then the court has recieved written representations from any party seeking that the claim proceed to trial.

5. Any such representation must be copied to the other party."

HELP! what do i do know is there a letter or format to follow to appeal against the stay being placed. Do I point out the DG wrote to me 5th Sept saying they would be applying for a stay so had plenty of time to apply. They also missed all deadlines set by the courts (allocation questionaire, court bundle).

thank you for the form info. bit thick now, but when filling it in i presume i tick A, in the judgement details where it says interest since claim what do i fill out had originally worked out interest would be at 44p per day but can't remember what the % was, also what period do i do it until?

should have recieved court bundle from DG yesterday but surprise surprise nothing came. I have still not recieved any information from the courts concerning an application for stay. As I understand it I can now file a request for judgement by Dg being struck out. How do I go about this? and what forms will i need?

quick update, have spoken to the courts they have not yet recieved a application for a stay, apparently the judges are staying some cases but that in my claim DG have missed several of the deadlines already given. Until the courts comunicate anything further my claim will be heard on the 11th October.

I think this may be good news but we will wait and see!

Will go prepared with all documents for appealing against stay and keep everyone informed as to my progress.

Thanks

Have this morning recieved the letter from DG letting me know that they are applying for a stay. Letter was dated yesterday am going to ring warwick court up when it opens concerning the dirrections previously given concerning application for stays within 7 days any advise would be good. Thanks

Have sent of court bundles this morning spcial delivery to arrive am tomorrow, whilst checking through my dirrections to check I hadn't missed anything noticed at the bottom it says

"6) SETTING ASIDE ETC ORDER OF COURT'S OWN MOTION

Any party affected by this order may apply to the court to have it set aside, varied, or stayed. Such application must be made in accordance with CPR Part 23 within 7 days of service of this order.

DATE: 13th August 2007"

Is this standard on all directions or does it mean that DG will not be able to now ask for a stay?

Am I right in the understanding that going back to original bank correspondance, if it states without predjudice on the half price offer it should not be placed in bundle?

How is the recommended way to secure bundle?