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Overturning a stay


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Morning all,

I have appealed to try and get the stay overturned on the following grounds,

 

that bank failed to file any documents to be relied on in court, written statements or a skeleton argument within 14 days of the proposed hearing and have therefore argued that the bank forfeited the right to contest the claim.

 

The date of the hearing to lift the stay has been set for 28/11/07 and whilst I have my doubts that this is a sound legal argument I,m willing to chance a no show from the bank involved and hopefully this will leave the judge no other choice than to award in my favour.

 

Are my reasonings valid ? Any advice would be welcome.

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If the banks solicitors have ignored the courts directions yes they are, or at least it will put the banks solicitors on the back foot and into very deep water.

 

What did your Judge direct the bank to do before your hearing? this will be detailed on the hearing notice you got from the court.

 

Have you sent everything the court asked you to send?

 

pete

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Pete,

good morning and thanks for reply.

 

With regard to the original hearing date I sent all the relevant arguments (as detailed on this forum) to Barclays and the court at the end of August for a September 14th hearing and recieved nothing in return from the bank.

The stay was then granted on the 8th september and this has formed the basis of my appeal, that Barclays forfeited the right to defend the claim.

I filled in the application notice (n244) and sent fee and have had a copy of this returned, along with a notice of hearing of application (1400 28/11/07) and a general form of judgement or order ( District Judge A******, upon reading the ex parte application, orders that this matter be listed on notice on the first open date with a time estimate of 1 hour). Nothing I can see where the judge is directing the bank specifically.

I'm hoping that Barclays either will, contact me before said date and settle or that they will be a no show on the hearing date and the judge will have no option but to lift the stay.

The only slight issue is that I'm fighting this for my son and whilst I will be in court with him, I assume he will have to do the speaking and therefore will have to keep the argument short and simple. I am also surprised the court has allocated 1 hour for what seems a fairly straight forward yes or no situation.

Anyway, any further advice would be greatly appreciated.

 

Ian

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Hello Ian, when I was in court the other day, a few of us were heard at the same time. Before the hearing a lady asked if she could speak on behalf of her mother, (her mother was there) She was granted permission to speak on her behalf. Hope this is of some help, Hils

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Hi Ian

I was in court yesterday to try and get my stays lifted on my business and personal claims. My cases were the same as yours in that Barclays did nothing the court had asked them and yet I did everything and paid the fees (£530 in total so far). He still refused to lift the stay and quoted a paragraph from Barclays defence papers for the Oft case that the barrister handed to him during the hearing.

Hope you have better luck.

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