Hearing to Remove Stay on 2nd October

[crystalcag]

Hi, I've posted on the Lloyds TSB thread but haven't had a reply yet so thought it might be more relevant to people here.

 

Last Tuesday I received notice that I have to go to a hearing in Truro (not my local court) to apply to have the stay lifted.

 

There were no directions and I had in effect 7 days notice so I haven't sent any bundle. However I am gathering one together... I'm getting a bit panicky now....after all this time and work and research I feel like I'm not ready at all!!!!! I've forgotten everything my head is spinning.

 

Any advice? I'm going to be applying on the grounds of hardship but I am not clear at all how to present my case.

 

These are the facts:

• I am on a low income (only just started self-employed work after 3 months of being unemployed) - income is sporadic and I have been loaned money by family members to see me through a couple of really hard patches.
  
• This month's rent is £20 short (and it will cost me that to get to Truro).
  
• I have a huge overdraft (just over £2000) with Lloyds - just under the amount I am claiming (including interest though).
  
• I have an arrangement to pay it back at £10 /month but the arrangement runs out on the 10th October when they plan to lower my limit by £600.
  
• I have debts amounting to approx. £10,000 including outstanding Council tax of £120 which should have been paid last week

Am I asking for the stay to be lifted so that I have the opportunity to:

• claim back the money they owe me more quickly
  
• stop them charging me more
  
• ? something else

Sorry to be so confused - please post someone!

 

Oh and if anyone else is going to Truro on Tuesday - please get in touch!

[Castlebest]

Hiya crystal first take deep breaths there is nothing to worry about, I think because you have so little time you should concentrate on a skeleton argument rather than a full bundle, you wont have enough time to complete it and the Judge wont have enough time to read it.

 

Have a look at the top of this forum you will see a skeleton argument thread posted by Zoot, download this and complete it for your case. Make 3 copies get one to court marked for the urgent attention of your judge as soon as you can and take the original and 2 copies for the judge in case he hasn't seen it and Lloyd's with you to court on Tuesday, this will form the basis of your appeal.

 

If your case runs to form when you get to court you will have the Lloyd's representative taking you to one side before you go in and telling you all sorts of garbage about how the stay is the best thing for you, just nod and say OK .

 

If your judge hasn't already made up his/her mind when you get into court you should be the first to put your case for lifting the stay, use your skeleton argument as a script and follow through all of the points you have made answering any questions the Judge has. This will be followed by the Lloyd's rep, don't be frightened to ask Lloyd's questions or say you don't think something he/she says is right but don't be rude.

 

and best of luck

 

pete

[hedgey06]

You may also find this thread helpful to prepare for the hearing crystalcag http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/115024-guidance-applying-removal-stay.html x

[crystalcag]

Thanks Pete and Hedgey. You've really helped me feel much more relaxed about things . Phew. I think the skeleton argument is a good place to start - it lays everything out so clearly... helps my brain cool down. Thanks for the link Guidance on Applying for Removal of a Stay on the Grounds of Hardship too. I think I'll just have to go through the points and make sure I really understand what I'm talking about. I might be abe to get some sleep now THANK YOU!!!!

[zootscoot]

Good luck for tommorrow!

 

Let us know how it goes

[hedgey06]

Best of luck crystal - I hope everything goes well tomorrow. x

[crystalcag]

Thanks everyone! Your support is really appreciated.

 

I'm still writing the skeleton argument...

 

Finished...! I think my brain is totally mush now.

 

Hope I sleep..

[crystalcag]

Hi everyone,

 

I think it had all been decided before we all got there. There were six cases and none were successful. The whole thing took 2 1/2 hours!

 

The Judge referred to the recent cases of Haines v HSBC and Haines v Alliance & Leicester at Winchester CC, (7qT04849 and 7QT04856).

 

I'm in a bit of shock caused by sleep deprivation I'm afraid but will try to write more later.

 

Just because my stay wasn't lifted doesn't mean other people will have the same luck - keep going everyone!

 

Oh well. At least we tried. It was an experience anyway.

[zootscoot]

Well done to you for standing your ground!

 

Not the result you were hoping for I know, console yourself by thinking of all the interest mounting up.

 

You will get there in the end

 

All the best

 

Zoot

[jansus]

Re: nbart v citi cards

NBART post from someone elses thread:

 

Quote:

Originally Posted by nbart

I attended court today for a hearing that had been set aside from July. Citis' representative from a local firm of solicitors turned up late and was only given the court bundle citi was to rely on, as I was, this morning, one hour before the case was due.

 

The court bundle was prepared by Eversheds LLP, 1 Callaghan Square, Cardiff a firm of solicitors, head office London.

 

Having only had a few minutes to look through the bundle I recognise several pages that appear to have been used by Citi's internal solicitors and as such contained several inaccuracies. Are they employing different tactics? The bundle contains a skeleton argument of 14 pages, witness statement from John Allan Jones, oft report, case law Phillips v attorney general of Hong Kong, Potter v Citi, Dunlop v Newgarage

 

Pre the hearing I talked to the solicitor who told me he had not received my court bundle as apparently Citi hadn't received it. I produced a Royal Mail tracking receipt to show him that my bundle had been received and signed for at the Salford office. To cut down on paperwork for my bundle I submitted case laws, Government early day motion, oft full report, Dunlop v Newgarage, Murray v Leisureplay, UTCCR 1999, UCTA 1977, SOGA 1982, and Matnamara statement on cd with relevant passages in my evidence relating to the disc for the full reports. I did this as both times I have been to court the judges have had laptops. This obviosly would be up to the judge to accept but it does save enormous amounts of printing.

 

Immediately we saw the Judge, a deputy district judge, she informed us that she was under the impression that all such cases, regardless of them being for credit card claims, were to be stayed, but she wanted to confirm this from the district judge. She ajourned for 20 minuits to confirm. Meanwhile Citis' solicitor contacted Eversheds to confirm whether they wished to proceed today, as I had stated that I wished to proceed, they also said they wanted to procced today.

 

On returning to the judge she told us that although both parties wished to proceed she was staying the case. She quoted an order from Civil Judge Hume QC case 7QT4849 at Winchester c/c who gave his reason as to avoid large cost orders against the claimants if they lost. This wouldn't happen in this case as it was through small claims track. All the cases within the Carlisle district are all being stayed.

 

I hope this information will be helpful to other claimants.