HSBC suspended repossession order

[TUTTSI]

its ok I found it

 

Can't believe sparkie is not sorted yet

 

No it is not sorted yet, even though it was a damming article in the paper against RBS. I cannot believe that the police have not wanted to get incolved, or the FSA etc etc....Sparkie is still fighting together with Paul and others, so expect we have not heard the end of it yet.

 

xx

[rdm2006]

they only have today & tomorrow to send me anything should i give shoosmiths a nudge?

[rdm2006]

if i do not hear from them tomorrow do i send something to the court asking them to rule in favour of my counterclaim or something?

[Bona]

What was the order was it lodge or lodge and serve by 16th maks a difference, A claim im dealing with the papers and witness statements had to be lodged with the court Friday they cant tell me weather they are in breach or no as they are several weeks behind logging the information on If its serve you have to have the information by 16th if its not they have to lodge it with the court I assume its serve all I think you can do is wait and see what comes the courts are open on the 28th Dec for 3 days if it has not come by then you can make an application I wouldnt chase if they dont send the information it will be the worse for them

[rdm2006]

thanks bona

 

i have copied the court letter to post 49 here That is all that it says

[Bona]

Ive just come back from lodging my witness statements and documents with the court for a hearing on the 2nd jan I complained that the other side had not sent me anything or lodged anything and she saidtell the judge at the hearing if you have not had enought time he will adjourn it so I supose same applies to you if they dont comply at your hearing they will get a bolaking

[rdm2006]

Well I didn't get any post from HSBC today so can i ask the court to rule in favour of my counter claim ?

[steven4064]

You should give them a few days' grace - the court wil. If you apply for judgement too quickly, you run the risk that they will apply to have it set aside.

[rdm2006]

Just rang the court to see if HSBC have sent anything in and have found out that they have requested a restoration but have still sent nothing to me or the court regarding the information that they were required to send.

 

They didn't send anything to me about the restoration either and this was sent on 1st december

[Bona]

I dont understand why they have asked for a restored hearing when they have a date

Odd

I would sit tight let them dig a hole for themselves

[rdm2006]

Should i send this to the court?

 

Dear Sir,

With reference to your order that the claimant do reply to the defendants counterclaim and request for information by 4pm on the 16th December 2008, I wish to inform you that the claimant has failed to comply with your order, which I feel is an abuse of the court system

 

I would therefore, respectfully, request that you

 

• Order HSBC to pay damages of £8,000.00 to my wife for the destruction of her credit rating and the same amount to myself also for the destruction of my credit rating, total £16,000 as per the case of Richard Durkin againstDGS Retail and HFC Bank which I supplied as guidance (or any other amount you deem fit).
  

 

• Order HSBC to deduct any mortgage arrears from this amount allowing normal repayments to resume from January 2009.
  

 

• Order that HSBC should not be allowed to add their costs to my mortgage account regarding this court action.
  

 

• Deny HSBC the repossession of our home.
  

 

Yours Faithfully

Edited December 21, 2008 by rdm2006
adding bullet points

[Bona]

1. fine

2 fine

3 that HSBC be barred from continueing with this action for repossession

4.that cost for this action be awarded to myself as a litigant in person see scheduale

5 the claiment be barred from adding an costs of this action from inception to my mortgage acount

 

 

of your costs at 9.00 hr as litigant in person and trvelling telephone research you need to, list each item dont make it more than a couple

of hundred

make a list of

[TUTTSI]

I think the letter with the few amendments should be fine.

 

Good Luck

 

Tuttsi xx

[rdm2006]

Thank you both

 

Not sure about claiming costs though, don't want to push my luck.

[Bona]

You arnt it just shows you meen business and they havnt complied its there fault why should you pay

[rdm2006]

thanks bona

 

do judges ever make such a judgement without the hearing ?

[rdm2006]

oh just thought do i have to send the banks sols a copy?

[Bona]

Yes to both questions

[rdm2006]

Just spoke to court re my letter and they say that the hearing on the 21st jan has now been changed to a directions hearing (whatever that means)

 

help ?

[citizenB]

I think this might be something like a Case Management meeting, where you are advised that certain things have to be done by a certain time. I am sure someone will correct me if I am wrong.

[Bona]

The Judge will give directions on who was to do what buy when Did they ever comply with the last order

[Bona]

Just read last posts to remind myself me thinks the judge may not be amused and will be looking at your order I think he may be treating your letter as an application so be prepared for anything:D

[rdm2006]

No they still haven't sent a thing???

[rdm2006]

Just read last posts to remind myself me thinks the judge may not be amused and will be looking at your order I think he may be treating your letter as an application so be prepared for anything:D

 

 

Like what :?

[Bona]

Well as I see it he has three options order them to provide what you want

 

or agree to your letter and do what you want

 

or go down the middle and try do sort it out

 

If I was you I would ring the court and ask them if they have had any correspondence from HSBC since the trial

 

If they say know he working on your letter if they say yea try to find out what say you havnt recieved a copy and need to know for the diirections hearing