question about bank asking for costs of attending a stay hearing?

[keytar]

Hi,

 

things are quiet in the stays forum so I hope you don't mind me asking here:

 

In the last couple of weeks I made an N244 application to remove the stay that had just been ordered on my case Keytar vs Abbey.

 

Abbey wrote asking me to withdrawn my application or they would seek their costs from me if I failed to get the stay lifted at the hearing.

 

Is this possible and what chances are there I would have to pay their costs?

 

I applied for the stay to be lifted because a bank charges claim I issued on the same day has not been stayed but given a hearing in september to decide if a stay should be ordered and thought both cases should be treated the same way.

 

So should I withdraw the application or press ahead and give it a go? I've already paid the fee.

[tomterm8]

yes, it is possible, but it is not particularly likely. it's up to you, do you know what track it is?

 

It's unlikely you are talking very much money here, anyway, and very few people have costs awarded against them, when seeking the removal of the stay. This is expecially the case as the next stage of the judgement is likely to be out in the next 6 weeks or so.

[keytar]

thanks tomterm8,

 

it would be small claim as it is for about £2k. The other claim which got a hearing was for for 7k which might be why, although I was still asked to fill out an N149 in which I indicated that small claims would be the most appropriate.

[keytar]

would they have to win the case, or could the the court award these costs even if They settled or I won?

[keytar]

one more question if you have time - I'd sent them a part 18 request for clarification of their defence requiring them to respond within 14 days - they wrote back saying they would not because of the Stay - can I act on this deadline or should I clarify that they should have 2 weeks after the stay is lifted?