Recieved notice of hearing for "Stay to be lifted" on 3rd March - Any advise?

[veester]

Hi -

 

I think missed the boat - should have been a bit quicker in my claim - with regards to getting the charges back but i have been advised by HSBC that any claim will be stayed.

 

I've read the comments on stays below, and see that it is essentially a bit of fight with various requests/forms available to have the stay lifted - at the courts discrection

 

I would be correct in assuming the courts decieding on the test case could result in either "all claims allready stayed" to be settled or even thrown out depending on the courts ruling?

[Castlebest]

Hiya veester yes you are correct, we are waiting to hear how the judgement for the first part of the test case will go.

 

pete

[Rayne]

And the sooner the better

 

Hiya Pete

 

I'm guessing it won't hurt to do all the pre-filing bits and pieces first, get the complaint acknowledged by the bank. At least that way its in the system already...

[Castlebest]

Hiya Rayne yes and it also puts your account balance in dispute so limits what the bank can do to try to recover it

 

pete

[veester]

Understood - and well on the way - nice one.

 

I was searching through the site and was looking at POC - Is there anything for Nationwide (my 2nd debtor after HSBC)? I couldn't find much other than standard threads (would help me out)

 

Unfortunatly things have to got to a limit with the SLC (3rd debtor) - and due to my illness (PTSD) and not being able to take control of my finances (or life until it was recognised in 2003) due to the symptoms associated with that; i managed to rack up £11k in loans and now £5k in arrears.

 

So, i managed to keep paying bits off and have managed to get on a even keel this last 5 years - but just can't afford the demands they are making.

 

So it's gonna end up in court.......At the end of the day as long as the money gets returned great. Though i am concerned whether the courts would freeze interest and can i get away without getting a defualt registered....

 

Any thoughts/advice apprecaited

What a great forum

[Castlebest]

Hiya veester, it sounds to me like you should look at a debt management plan, you can normally sort this out through your local citizens advice bureau debt management specialists.

 

Basically this will set up a financial plan that leaves you with enough money to live on but will also pay off a little of your debt too and normally freezes interest where this is possible.

 

good luck

 

pete

[veester]

Hi Pete

 

I looked at an IVA - But its uneconomical - with only 1 problem debt i.e. My Student Loan i think it would be overkill in that respect.

 

I owe Nationwide £280 - paying it at £40 per month and claiming £1300 in old charges

 

Other than that no worries i have a mortgage and a car loan which are serviced.

 

So i feel i have to go to court and try to get a proper judgement taking into account

 

A) PTSD i was suffering - undiagnosed - for nearly 10 years

B) Which has symptoms which caused various problems including not managing my finances properly - thus ask them not to register a default

C) State i understand the SLC loans are from public funds and therefore the court will want to protect them (Tax Payers money)

D) The loans are struck out at age 65

E) If the interest is frozen - and i pay the principal loan + arrears at £75pcm then it would take 320 months (17 years) - this will before i am 65 and the loan would be written off. The Tax Payer and Public loose nothing (The risk is if the judge takes into account the future value of money concept i.e. inflation which is what the interest rate is on the SLC loans)

 

F) I am after all a tax payer to, so why not???

 

 

Thoughts?

[johnnymitch]

I owe Nationwide £280 - paying it at £40 per month and claiming £1300 in old charges

 

Just a thought, veester - if you only owe £280 and you reckon you're reclaiming £1300 - it would seem to me this account is in dispute - so why pay them £40 per month ?

 

Oops ,sorry pete... you as good as said that already......

[veester]

I totally agree with you...

 

I spoke to Nationwide and they said that i had to make some nominal payment against the balance or they would default the overdraft automatically.....even if it is in contest. :o

 

I can afford £40 this month - next month i will drop it £5....

 

Plus i feel my case facts will warrant the judge over turning any stay.

So just going through the motions at the moment - and will send bring my case in 10 days.

 

NW will respond with a stay - i will apply for the stay to be overturned.

 

Also as a note i understand from the a Hampshire Court House (who i spoke to on Friday) that a further case ruling on the test case will be held in March'08 :grin:

[johnnymitch]

I spoke to Nationwide and they said that i had to make some nominal payment against the balance or they would default the overdraft automatically.....even if it is in contest.

 

They can't default the overdraft if the account is in dispute veester - you're paying them money which you'll probably eventually get back - meanwhile you're technically losing the interest on it, or certainly the use of it - try a letter to them ,something like this :

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account.

 

I note that you are proposing to issue me with a Default Notice on this account. I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely

[veester]

Thanks for the advise - Appreciatte it - i will do so

[veester]

So, i go through the process of asking for charges back, letter before action etc.

 

I owe £320 on an overdraft, they owe me £1500 in charges.

 

I then issue my claim which is sent to Nationwide, and they have failed to respond the summons by there deadline (28/3)

 

I have letter from them today saying that i have not kept to my agreement to repay my OD, thus the are defaulating my account and have sent me a letter advising me, despite me asking them not to pending the claim/OFT test case etc.

 

So, i have called them today and apparently they have no note of the summons???? What a load of ballony!!

 

So, am waiting for complaints to get back to me (today) am going to re-iterate my same message i.e. can't pay/won't pay due to dispute and to halt the default, though it is to late.

 

Surely they can't do this can they? Not pending action??? :-|

 

Am i probably going to have to argue the case re charges and removal of default and cost associated with checking the files again to ensure they have actually been removed (not that i have problem doing so) when i ask for a summary judgement as they have not responded to the summons.

 

Advise appreciatted

[Castlebest]

In theory they are not allowed to do anything to you until they have sorted out your dispute, in practice you are dealing with a bunch of desk monkeys who don't have a clue what they are doing and probably haven't been given any of the facts anyway .

 

Yes you will need to demand that they remove the default from your credit file along with repaying your charges.

 

pete

[johnnymitch]

Just as a matter of interest veester - that letter I suggested on #10....

 

Did you send it - if so they should not be able default your account - if they have - report them under the Data Protection Act as you said you would.

[veester]

Ii actually had a conversation with them to this effect the day after you posted....oh well, nothing can be simple...

 

Surprise Surprise there Complaints guy (Andy) was going to call me this afternoon....no call!!!! - Just sent them a follow up letter and email reiterating my position and what they have done is not write under DPA.

[johnnymitch]

Ii actually had a conversation with them to this effect the day after you posted....oh well, nothing can be simple...

 

Unless you record their conversations veester - it's a waste of time talking to them - they'll just deny everything .....

You can't go far wrong with a recorded delivery letter, which somebody has to sign for.........it concentrates their mind a bit more if they think you can produce the receipt in court........

 

But well done , you've sent it now - let's see what they come back woth this time......

[veester]

I totally agree JM - Do you know what the rules are re-acceptance of delivery of email correspondence? - i.e. The delivery and read reciept from there mail system.

 

I have these for previous correspondence they 'have not' recieved!!

[Castlebest]

Not sure about email, there is always the possibility of forgery with more unscrupulous people so I would use email only as a back up.

 

Royal Mail signed for service cant be argued with, if the Royal Mail have a signature then they have received your letter.

 

pete

[johnnymitch]

Pete's right veester - although you can pretty much prove that an e-mail was received - you can't pin it down to any specific individual who received it ...

[veester]

Fair points

 

Well i spoke with NW today and have been advised that the whole issue with there 'internal' solicitor in Swindon !!1- though they have actually missed the 28/3 date by which they had to respond to the courts (i might apply for a summary judgement).

 

Phoned the centre in Swindon and then told someone needs to get my case file out and call me back - advised that if i did not get a call by 1645, i would call back.....

 

....move to 1610.....called the contact centre.....advised that they had not received my N1 from the courts - funny cos i know it was served!! - Anyway upshot is i advised that they can't make a default and we batted around the we'll still charge you...and then i was told that the Legal Compliance Unit would have to get in touch with me as they deal with all of this!??!?! And they will do so by end of play tommorow.

 

So first things first - any advise??? With respect to any default of my account, will i then have to change my N1 claim? i.e. to ask for the default to be struck out?

 

Secondly, shall i go for a summary judgement?

[johnnymitch]

....move to 1610.....called the contact centre.....advised that they had not received my N1 from the courts - funny cos i know it was served!! -

Anyway upshot is i advised that they can't make a default and we batted around the we'll still charge you...and then i was told that the Legal Compliance Unit would have to get in touch with me as they deal with all of this!??!?! And they will do so by end of play tommorow.

 

Didn't I say that they'd lie to you on the phone veester.....they've come out with one of the biggest ,which is so stupid, because it can be proved whether the N1 was served or not. These people are amateur liars.

 

However, if their Legal Department gets on to you, tell them you want confirmation in writing of everything they tell you.... (you could even fib yourself and tell them you're recording their call:rolleyes: ).

They are still in the position of having missed the court's deadline, but I wouldn't mind betting that the court would stay any application for summary judgement until the 'Test Case ' is over - even if it's not relevant that's what they seem to be doing - either through ignorance or deliberate prevarication.........However, it might be worth a try - and tell their Legal Eagle that you intend to do it.

 

Sorry if it's a bit patchy, but you have several options which you can exercise better when you know what their Legal bods are up to.

As regards changing your N1 to accommodate the strike out of the default - you may have to - but I would be guided by pete or freaky or someone else on this one .........

Any thoughts guys(or Gals).....????????

[veester]

Cheers JM - Yeah, you grow used to these Gorilla tactics don't you!!

 

I have some quite extenuating circumstances and am confident i can get any stay lifted on medical grounds - i was very ill during the period of these charges, still am, medical notes to prove it - we'll see whether they want to play ball.

 

It's interesting your note re staying by the courts - its only a recommendation to stay based on individual circumstances of the case; otherwise i would argue it's highly unethical to even accept an N1.........i find this concept of 'instruction' very dubious within the law and you could argue this is a money spinner by the legal services....

 

Will wait to see what comes back from Pete/Freeky... Thx All

 

V

[Castlebest]

I would go for judgment by default now and in your application for judgment state that a default has recently been lodged against you with the credit reference agencies while this case has been underway and you believe this to be unlawful and should also be removed as part of this judgment.

 

you can only ask

 

pete

[veester]

Turns out an error and the served document is caught up in the courts paperwork somewhere!!

 

I have contacted NW and they have acknowledge the letter asking them not to register the default on the 15/4....we'll see what happens there.

[veester]

Back to the original reason for this thread my HSBC Charges!!

 

So just heard today from the local courts (Southampton) that my case has been stayed, and according to the clerk i can only have the stay lifted by applying to the High Courts.

 

Which as i understand will cost me £35 or something of that nature.

 

I was reading Application for Removal of a Stay on the Grounds of Hardship

 

i am of the belief that i have good grounds relating to illness (ongoing) for my long standing and ongoing financial issues....

 

Now it suggest in the link i should write with with the N244 to the defendants solicitor, outlining my reason for asking for the lift.

 

To confirm, shall i just complete the whole form with All my reasons, i.e. the same application that i would put into the courts (minus of course any evidence which they can request)

 

Is this right? Thx for confirmation in advance.:grin:

 

Veester