Set aside hearing against hsbc

[letsmakeamark]

I instead of amending my claims against the banks applied to have new claim forms issued. No probs. One has been accepted and 2 have been refused. The two that have been refused are by the same judge. The one that has been accepted has been by another judge. Same court. I then did a n244 application and have recieved a date for 24/08/10. The reason given is :

 

It is ordered that :

 

1. The claimants application to amend the claim form is refused on the grounds that the proposed amended particulars of claim do not disclose any viable grounds of challenge under the unfair contract terms consumer contracts regulations 1999.

 

2. Claim dismissed

 

3. No order for costs.

 

What do i do at the hearing to set aside. apart from taking in the permission to reissue from the allowed one anything else i can do ? Only received this notice on Saturday.

[johnnymitch]

Sorry I missed this, lmam............

 

How did it go on 24th ?

[letsmakeamark]

As we were going in the barrister for hsbc gave me a witness statement which they had already passed to the court a few weeks ago. The judge asked me if i wanted to go outside for 10 mins and read the statement and then come back in. I said no as i would need longer to seek legal advise on which he allowed me 28 days adjourned with liberty to restore. Counsel were asking for £1650 plus vat for costs which the judge refused at the same time saying there is nothing stopping them from claiming the expenses by restoring the hearing.

[johnnymitch]

Well done lmam,

 

They will keep playing these sneaky tricks ,,.. hoping to stampede you into hasty decisions..... I'm sure the judge recognised what their game was ...you should have been given a copy at the same time as the court ......... that won't endear them .....

 

Gives you time to prepare a really good case , and don't forget to point out to the court the shenanigans the bank has been pulling to try to win this .....I think it comes under the heading of abuse of process ........... trying to bulldoze you (and the judge ) into accepting iffy evidence .....

 

Because IMHO , if their evidence was strong they wouldn't need to resort to these underhand practices ......

 

Let's know how it progresses , mate , be interesting and will help others in the same boat ...........

[letsmakeamark]

Only thing i wasn't given a witness statement .

[johnnymitch]

They are duty bound to give you copies of everything they intend to rely on in court ............. so you should write and ask them for a copy of the WS , you can't progress with your case unless you know what argument the other side is using ............

[letsmakeamark]

They are duty bound to give you copies of everything they intend to rely on in court ............. so you should write and ask them for a copy of the WS , you can't progress with your case unless you know what argument the other side is using ............

 

I wrote off to them asking for it. I also previous to the hearing wrote to them several times and phoned them several times but got no reply. Judge says if position is same at next hearing then hsbc are facing major costs.

[johnnymitch]

I'd say let 'em hang themselves then Lmam, especially if you get the same judge ........

 

Whatever , the old judge should have made case notes so whoever picks it up should know that the bank are playing silly beggars ....... IMHO it is a cynical 'Abuse of Process ' and they should be made to pay dearly for it ............. the courts are getting cheesed off with being (mis) used by banks to frighten people off ......then the banks solicitors turn up , usually woefully unprepared and hope to get away with it ......

 

If the court sees that you have made all the right moves and the bank hasn't , you should be quids in ....... lol (to coin a phrase ! )

 

If you have time to look at 'FedUpAnd FightingBack's thread on his/her court case you'll see a classic example of how to stuff 'em .......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim-**SUCCESS**&p=2598209&viewfull=1#post2598209

Edited August 27, 2010 by johnnymitch
added link ..............

[letsmakeamark]

The order came through today it says :

By consent hearing adjourned generally with liberty to restore if the court has not received a request from either party to restore the hearing by 4 pm XX September 2010 then at that time on that date without further order MR XXXX application XXXXXXXX will stand dismissed and the proceedings will accordingly remain concluded.