mousemat v Yorkshire Bank

[mousemat]

Hi, the first of my three claims got as far as court, then stayed. Applied for stay to be set aside, didn't ask for hearing but I've got one on 12 November (Hereford).

Telephoned the court to a)ask should I attend b)what do I need to do in advance of the court date.

The lady told me I don't have to do anything just turn up. This sounds a little odd to me. Anyone else think so?

[Michael Browne]

These threads have all the info you need:

Stay: Application for removal of: UPDATED

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

Stay: Application for Removal on Hardship Grounds

Allocation hearing witness statement

 

Stays re: OFT Test Case - Info & Guidance

http://www.consumeractiongroup.c o....-guidance.html

 

Stay: Hearing Bundle

Bundle for stay hearing

 

Stay: Skeleton Arguement

Skeleton argument for stay hearing

 

Be aware that stays are not lifted very often, even where the claimant can clearly demonstrate 'financial hardship'

[caro]

Not long until your hearing now mousemat. Have you had a look at the links Michael Browne has provided?

[mousemat]

Hi Caro, Yes thanks I have taken it all on board, I'm not confident though, judging by the reponses from other courts.

My one gilmmer of hope is that I can prove harassment, by them over recent months. Will let you know what happens tomorrow.

[caro]

I wish you the very best, but it sound like you're giving it your best shot, so at least YB will know that you must be taken seriously.

 

It is a pleasure to see a thread where someone has asked for help in good time, got good advice from the likes of Michael Browne, quietly got on with preparing for court and is ready in good time.

 

Well done. You deserve to win.

[mousemat]

Thanks Caro, I wouldn't have had the guts to have got this far without you guys, the advice and support is invaluable. Thanks to you all.

Be in touch tomorrow!! Mousemat

[mousemat]

Just got back, what a fiasco!!

 

I was met at the court by a slip of a girl (I must be getting old) who gave me a copy of the skeleton Arguments for the defendant which they had already sent to the judge, I gave her a copy of mine, which I had not yet given to the judge.

 

Then off we trot to see District Judge MACKENZIE.

 

His open address consisted of:

 

You are probably aware although you may not be that a large number of these applications are being heard nationally, I said that I was and I was also aware that to date none of them had been granted. He said he had previously heard these applications and had refused them all.

However if I had anything different to say he would hear it but I should be aware that if he were persuaded to lift the stay and the case came to court I would almost certainly lose and have costs awarded against me as he has no agreement whatso ever with the arguements put forward, he considers they are not valid legal arguements.

 

That people enter into a contract when they open a bank account and it is their responsibility to operate it properly. The little girl from the bank sat nodding throughout.

 

He then asked if I wished my application to lift the stay to be heard, I said there was little point, but would he consider a conditional order. This he refused.

 

I did not have a chance to discuss hardship or harassment

 

So I lost a days work, travelled 35 miles, spent 80p on parking all for nothing.

 

What a gay day!!!!!

[caro]

So much for a judge being impartial! Well at least your case can be heard eventually, and you won't have to worry about costs. It certainly does sound a fiasco though.

 

I would be inclined to put in a wasted costs order when you finally settle, and hope you get a different judge.

[mousemat]

Is there anyway I can influence which Judge I get. Apart from going to a different court. This one operates out of Worcester I believe so it could mean going much further afield.

[caro]

I'm not really sure, although I think it may be possible in some circumstances. Alternatively maybe you should consider applying to amend your POC to make it harder to argue. The problem with that is that it would probably prolong the case even further.

 

I'll see if I can get someone more legally minded than me to advise you.

[mousemat]

Thanks Caro.