Urgent Help Needed! - HSBC Filed Claim at Court What do i do??

[gh2008]

Hi DR

 

It is now up to DGs to decide when they will get their finger out and respond to your defence. They will eventually and will ask the court to lift the stay. The court should require an explanation but rarely if ever does so provided DGs pay the court fee of £200. The proceedings should then be transferred to your local court.

 

You can apply to have the claim struck out but that would only prod DGs into action and you would have paid out the application fee of £75.

 

Personally I would send a Christmas card to DGs as a reminder to respond to your requests and then forget about this until after the holiday.

 

Hi, not been about much recently! Docman has provided a great answer as usual so would consider all of that advice. Apologies if I'm repeating as I lose track of the threads but have we seen the POC the claimant sent, if I'm not confusing threads didn't I post a response to the POC asking them to re-plead as they were not good enough and not based in law?

 

If their POC is poorly composed that would be a starting point and secondly, as you have already done I would persist in sending appropriate CPR requests for the documents you require (if and only if the POC is ok) as their repeated failure to provide would eventually lead to a greater chance of you getting SJ if they weren't to respond to the courts directions, if such an application was made.

 

The creditors however do enjoy a level of lenience not generally extended to a defendant, hence the general lethargy often shown towards the court where documentation is required by certain dates...all part of the 'level' playing field you have to run about on I'm afraid. How was their POC anyway?

 

 

 

I have posted up the original letter i sent to them and tried to put as much of their responses on it in red as possible. They have responded to each point in turn however they still seem to be using tactics to avoid giving answers to some questions.

 

The amount they are claiming goes back to 2002 - i beleive they cannot include charges before aug 2004 any thoughts on this?/ if so the amount they are claiming on the POC is incorrect ( the POC are very vague anyway so not sure how to handle this)

 

 

Ok, the posts by Docman and emandcole are still relelvant

 

They wouls still need to apply to have the stay lifted and pay the fee, the case would then be tranferred to your local Court and the AQs sent out.

 

Now, IMHO what you need to do is BEFORE the AQs are due in you should make an application for the Claimant to re-plead their case with a fully particularised POC AND to file and serve the relevant docs AND for you to file and serve a fully particularised defence.

 

At this point in the proceedings CPR31 is still effective and you should take advantage of that, once it is on the SCT much of the meat is taken out of the CPR.

 

You do nee to respond to the letter, the '6 yr thing' with the statements is ridiculous of course they have access to all of them!! and the various other points need responding to.

 

One thing I would caution against is that the arguments are getting very messy. You need to try and be very clear and concise about what you want and why.

 

The results of the SAR are good for you as they confirm no LBA and various other points you have already raised. (Either that or they have to admit to breaching DPA!)

 

Good luck

[emandcole]

Hi DR, thanks to CB for the heads up. It’s been a while and lots of water has passed under many bridges so I’m a bit out of shape on this thread. With that proviso I’ve gone through your .pdf and have provided some feedback on each point where I can.

 

 

1. OD lending is notoriously difficult to deal with and is not something I am huge on but if they have made any reference to any default notice, either in their particulars of claim or anywhere else then certainly press to see it as part of your overall objective. Certainly though, if they have registered a default notice with the CRAs I would expect to see the actual notice itself so perhaps make sure you’re not confused between a notice of default and an actual default notice – your CRA file should make this clear.
   

 

As for the registering of the DN this doesn’t constitute enforcement but does as you point out appear to be contrary to their own terms and conditions. If you can prove the dispute status at the time they pressed ahead then yes, that’s a perfectly good point to persue and I would ask them directly to explain their actions. As for getting the DN removed you’ll be very lucky to achieve this by simply asking and the CRAs are not interested at all – perhaps something you’ll have to address if this proceeds to a hearing and you win your argument.

 

2) I think that the limitation would apply to you in this scenario certainly, however, if the total amount they are demanding is comprised of charges and general account activity from beyond 6 years I feel they certainly should maintain their records for the life of the account, they cannot state they destroyed it all so tough luck for you.

 

As such, and all the more so as it is they who are making the claim you are quite justified to ask for a full set of accounts in order to conduct an audit to assess the accuracy of the claim. There is a difference here between charges they added (which you can perhaps challenge and ask for a refund that are up to 6 years old) and the money they now demand from you that also includes charges older than 6 years. Remember, you see two figures, one comprised of charges and another figure for the actual balance you feel is owed whereas they see just one figure as those two aspects are intertwined and to them its all the same.

 

3) They are I suspect trying to complicate matters. Quite simply you keep it simple and insist on a copy of the inception terms and conditions and where any variation has been made by the bank you require copies of those also. A key thing to examine any supposed inception T&C’s delivered is to check the bank reserved the right to vary the terms in the future, some of them did not! Doh.

 

4) The fact that they admit having some and not having others exposes them to some extent as they are probably best to have all of them or have none of them and rely on the fact they are a respectable banking institution and give the judge a wink. The partial availability of the facility letters merely confirms they did send them and that they recognise the importance of having them but does or should create difficulty for them as they cannot factually evidence the nature or terms of any OD lending and also have not taken advantage of the exemption.

 

It may be the case that you can argue for a reduced debt sum to reflect the lending they can document but even so, I feel the bank should be able to provide you with a full statement history and this of course they appear unable to do. As such they can’t really shoe how the debt total today was arrived at or that it is in any way correct, complicated further by the lack of facility letters so all in all their case is not off to a great start.

 

It is surely a fundamental and basic necessity for a claimant to prove to the court that the sum they seek judgment for is correct and duly owed. As such I feel it reasonable to make an application to the court ordering the full statement history along with all facility letters covering any period of OD lending so that you are able to assess the claim you are presented with. If you also submit draft proposals asking for the claim to be struck out as you are unable to answer the claim until you can assess the account fully I think it would be reasonable for the court to do that…they are after all seeking a county court judgment against you and that in most peoples books is a pretty big deal.

 

It is this big deal that allows you to consider their accusation that your request for lending criteria is diproportionate to the claim is nonsense. What they really mean is ‘how dare you ask us to provide documentation because we can’t provide it’. I’d look to expose that.

 

5) The LBA is vital but some courts will excuse it as a formaility accepting it was ‘probably sent’ as banks of course always do everything perfectly…which is why of course they’ll be able to prove all they say! It’s interesting to read that the bank has no records of it being returned as undelivered suggesting perhaps that they should also have records to show it was delivered. Why have one system or method and not the other, which is actually far more important?

 

HSBC blame their electronic systems for not having this information. How is that your fault? I would suggest that given the importance of the LBA that HSBC perhaps invest a little of the 11.1 billion profit just announced into securing a system that does track the recorded service of an LBA instead of blaming the limitation of their systems and simply insisting it was sent ‘because that’s what we do’. Think there is case law somewhere that supports the need for an LBA to have been delivered via registered service.

 

6) Perhaps further support for an application to be made then forcing them to provide – if they can’t then their problem.

 

7) The great thing about the bulk centre is that it alllows claims to be made that have no paperwork, this is why it’s so popular and personally I think the practice of filing bulk claims should be banned. If their POC is vague and importantly does not set out in law or refer to the regulation it is supposedly under I would add that to any application also, demanding that the claimant sets out their claim properly. The court will expect you to challenge this if you don’t understand the claim and if you didn’t it’ll do you no favours long term. If the POC is crap get them to do it properly.

 

8 Being obstructive again. Quite simply permission to share and processs your data cannot be assumed, they must have consent. The bank will argue you gave it to them of course and that they wouldn’t have given you an account with no signature, you can of course agree that a signature was given but dispute the rights that signature afforded to them. No proof of consent no right to process your data.

 

9) If you followed the CPR routes to obtain docs then all the more reason to submit an application that these are provided. If you suspect they have as good as admitted thse don’t exist then some may argue why apply to see something you know they can’t provide but of course at this stage and before any hearing that is fine, if they have no documents it strengthens your argument and perhaps opens the doors to discussion out of court which you should consider if the opportunity arises.

 

10) Charges. The UTCCR is I think a good set of questions/regs to use against them and clearly they’ve had a go at answering them. However, do they want to answer them in court? I’ve not read the cases they’ve cited so can’t comment but where you make allegation of an unfair agreement it is for them to prove otherwise.

 

I think the response to 10d is interesting because their answer of course is heavily based on them providing you with documentation, which they haven’t been able to give you to date. Therefore, was it ever provided and did it even exist? As for you being aware of OD charges this is all very well but did they set these charegs out clearly at inception and if so where are they now? They go on further to defend your accusations by leaning on those T&C’s again, now if they could only find them eh?

 

Finally if it is stayed I don’t think that prevents you from asking the court to consider your application for these documents but not sure. It is unfair to have this hanging over you indefinitely and your actions are merely furthering the case towards a conclusion. Perhaps ring the court and check you’re ok to submit an application ordering the required documents to be delivered.

 

Hope that helps a bit!

Edited March 1, 2011 by emandcole

[dominorally]

N24 Form.pdfHi All,

 

HELLLPPP!!

 

Well here we go again - i have received today an N24 General Form of Judgement or Order from the court dated the 19th May lifting the stay and ordering me to pay the outstanding amount by the 19th May ??? have attached said form .Stupid really cos it also says i have 7 days from the date of the order (19th May) in which to respond. Does this mean working days or just seven days from the date of the order ? which would be the 26th May.

 

is this the final judgement ??

 

it also says that details of this judgement will be passed to CRA is this normal ???

 

I am desperate now to get as much help as possible so that i know what i should do next. emandcole and citizen b have helped me alot already but if anyone else can chip in that would be great. i am going to get all the info together and remind myself what my current situation is. i will comment on the points in no 10 the info they will be relying on shortly

 

In the meantime if anyone can help me to stop panicking and give some good advice it may just calm my nerves a little.

 

Thanks in advance

 

Dominorally

[Docman]

Very odd. The deputy DJ must have been having an off day. What defence did you file? Can you post up word for word.

 

You have 7 days from service but I wouldn't leave it any later than the 26th just to be safe.

 

Down load form N244 and make an application by fax if need be to set aside the Court's order and to have the proceedings to your local county court. The grounds are (1) the claimant has not supplied documentation to enable yo to file a substantive defence and (2) as a personal defendant the proceedings should be held in your local county court. I will cost you a fee which should be the lower amount as there is no one attending a hearing.

 

Ring the Northampton county court to check the fee. Also ask why the case wasn't transferred to your local court for the stay application to be heard in the first place?

 

Whatever you do, act fast!

[dominorally]

Hi docman,thanks for picking up on this. i expected i would have had something from the court before i got this so that i would know what was going on.Isx this normal that they have lifted the stay without me knowing until now?So far the only defence i have submitted was an embarrased defence at the start of this back in September- since then i have been in a constant battle to get the info they are going to rely on SAR and CPR requestes have ben sent and i am prettuyb sure i have got all the existing correspondence that they have.The original POC was vague and has never been ammended so the advice i got was to submit the embarrased defence until they gave clear POC .Note 10 on the form - is that now their POC???I will post up thr original defence later this evening DR

Very odd. The deputy DJ must have been having an off day. What defence did you file? Can you post up word for word.

 

You have 7 days from service but I wouldn't leave it any later than the 26th just to be safe.

 

Down load form N244 and make an application by fax if need be to set aside the Court's order and to have the proceedings to your local county court. The grounds are (1) the claimant has not supplied documentation to enable yo to file a substantive defence and (2) as a personal defendant the proceedings should be held in your local county court. I will cost you a fee which should be the lower amount as there is no one attending a hearing.

 

Ring the Northampton county court to check the fee. Also ask why the case wasn't transferred to your local court for the stay application to be heard in the first place?

 

Whatever you do, act fast!

[dominorally]

Hi docman,

 

i have posted up the actual defence like you asked HSBC Bank PlC Court defence.pdfHSBC Bank PlC Court defence.pdf i sent in last year - i have sent nothing since

 

DR

 

 

 

Very odd. The deputy DJ must have been having an off day. What defence did you file? Can you post up word for word.

 

You have 7 days from service but I wouldn't leave it any later than the 26th just to be safe.

 

Down load form N244 and make an application by fax if need be to set aside the Court's order and to have the proceedings to your local county court. The grounds are (1) the claimant has not supplied documentation to enable yo to file a substantive defence and (2) as a personal defendant the proceedings should be held in your local county court. I will cost you a fee which should be the lower amount as there is no one attending a hearing.

 

Ring the Northampton county court to check the fee. Also ask why the case wasn't transferred to your local court for the stay application to be heard in the first place?

 

Whatever you do, act fast!

[emandcole]

Hi DR. Does seem odd. Either way follow what docman has advised as ultimately you have grounds to oppose the order. As advised make sure your grounds are clearly detailed and ensure that you make it perfectly clear that it is you who are waiting for essential documentation in order to respond fully to the claim and not the other way around. This is simply a very lazy attempt to win the claim aided by a dozy court that appears to have dispensed with formality in the interests of clearing their backlog. This should have been transferred to your local court not theirs and as mentioned they have still failed to provide adequate documentation.

 

I would also in the interests of clarity provide a history of the claim to date detailing what you have asked for from them in the past so the court can see that you have been active in this matter and not simply ignored the claim hoping it will go away. Just list what you did and the date, include it all from the date they sent you the court papers etc up to the most recent activity. Might be worth a chat to the court advisors too, some of them can be very helpful and although their info is unofficial they generally know what's what and might be able to offer you other options to help you along.

 

Finally, make sure you get or know that your form has been received by them. Delivery by hand is obviously ideal but not always possible, alternatively a fax with receipt is good followed by a phone call later to check all was ok taking the name of the person confirming that. Just back what you do up in a logical way so you have a papertrail/proof that you acted correctly just in case anything goes astray.

 

Keep us posted and stay sharp

[dominorally]

Hi emandcole,

 

thanks for this - iunfortunately i have ben away with work - have run gthe court and paid the fee to set aside the DJ's order the woman i spoke to who took the payment said if i can get it faxed on todays date then that should be ok - i was hoping to do this this afternoon but it will have to wait until this evening = then i will fax it over .

 

The court said that the claimant didnt have to have it transfereed to my court they just paid the fee and it was dealt with without a hearing.

 

 

hopefuly i can get all the docs i have to send also like you said.

 

thanks will be in touch later

 

DR

 

 

 

Hi DR. Does seem odd. Either way follow what docman has advised as ultimately you have grounds to oppose the order. As advised make sure your grounds are clearly detailed and ensure that you make it perfectly clear that it is you who are waiting for essential documentation in order to respond fully to the claim and not the other way around. This is simply a very lazy attempt to win the claim aided by a dozy court that appears to have dispensed with formality in the interests of clearing their backlog. This should have been transferred to your local court not theirs and as mentioned they have still failed to provide adequate documentation.

 

I would also in the interests of clarity provide a history of the claim to date detailing what you have asked for from them in the past so the court can see that you have been active in this matter and not simply ignored the claim hoping it will go away. Just list what you did and the date, include it all from the date they sent you the court papers etc up to the most recent activity. Might be worth a chat to the court advisors too, some of them can be very helpful and although their info is unofficial they generally know what's what and might be able to offer you other options to help you along.

 

Finally, make sure you get or know that your form has been received by them. Delivery by hand is obviously ideal but not always possible, alternatively a fax with receipt is good followed by a phone call later to check all was ok taking the name of the person confirming that. Just back what you do up in a logical way so you have a papertrail/proof that you acted correctly just in case anything goes astray.

 

Keep us posted and stay sharp

[Old Cogger]

Make sure Fax is received by 4 p.m. if latest to-day before court closes,, otherwise more problems as I have found out in the past!!

[emandcole]

Sloppy of the court I feel to have allowed the claimant to 'almost win' without solid documentation. Think I might bung a speculative claim in for £4,999 against some huge company in the hope that they don't take it seriously and I'll just press the court to order it - who needs to prove it anyway???!!! Yes, would echo Mikes addition entirely, not in before 16:00 and you're walking a tight rope I'm afraid

[dominorally]

I spoke to two people at the court today one was on the help desk the other who took my payment one explained to me that if i am setting aside the DJ's order then i have to do it today - otherwise i can apply to set aside any time. - i assume i am setting aside the Dj's order - that is what i am doing anyway.

they advised once it is set aside it will be transferred out ( i assume this means it goes to my local court.)

They both said to me that as long as the fax was sent today it didnt have to be before 4pm- hope i am going to be ok because i had no chance of doing it before 4pm

 

They also said that a fax with confirmation that it was sent would be proof that it was sent on the datebefore the 7 days are up

 

Ok have faxed off the N244 taking emandcole and docman advice - also listed all letters sent requesting relevant docs.

 

i will now have to hope i wasnt too late ie after 4pm - will ring the court tomorrow and make sure.

 

i fel that i have got this thread a bit disjointed and the arguments may be getting a bit confusing . i need to try and get it clear in my head what my arguement is.

 

i will get the info out and try to get it straight and see where i stand and decide what my defence / next move is.

 

 

 

thanks DR

 

 

 

Make sure Fax is received by 4 p.m. if latest to-day before court closes,, otherwise more problems as I have found out in the past!!

 

Sloppy of the court I feel to have allowed the claimant to 'almost win' without solid documentation. Think I might bung a speculative claim in for £4,999 against some huge company in the hope that they don't take it seriously and I'll just press the court to order it - who needs to prove it anyway???!!! Yes, would echo Mikes addition entirely, not in before 16:00 and you're walking a tight rope I'm afraid

Edited May 26, 2011 by dominorally

[dominorally]

ok latest is this ... sent fax of N244 thursday eveing by fax - tried all day Friday to call the court to see if my fax had arrived however the queues on the phone were so big i couldnt get through . called yesterday and the guy again said he couldnt see if it had arrived or not yet as they would not have processed it yet due to the bank holiday although it would be traeted as if it had arrived thursday 26th which was the 7th day. He also confirmed that it did not necessarily have to get transferred if the claimant had requested it be dealt with without a hearing ( which they had) that is why it was the deputy judge making the order - obviuosly clearing a backlog of cases with no hearing requested.What Next ???am i right in thinking that the next thing will be confirmation of it being transferred to my local court? what about the next step and what will i need to get together for the hearing??What about the AQ ? will that come to me automatically?I also checked some of the letters i had and it seems like they are unable to produce a copy of the letter before action and other facility letters - hoping this is in my favour for my defence.

I spoke to two people at the court today one was on the help desk the other who took my payment one explained to me that if i am setting aside the DJ's order then i have to do it today - otherwise i can apply to set aside any time. - i assume i am setting aside the Dj's order - that is what i am doing anyway. they advised once it is set aside it will be transferred out ( i assume this means it goes to my local court.)

They both said to me that as long as the fax was sent today it didnt have to be before 4pm- hope i am going to be ok because i had no chance of doing it before 4pm

 

They also said that a fax with confirmation that it was sent would be proof that it was sent on the datebefore the 7 days are up

 

Ok have faxed off the N244 taking emandcole and docman advice - also listed all letters sent requesting relevant docs.

 

i will now have to hope i wasnt too late ie after 4pm - will ring the court tomorrow and make sure.

 

i fel that i have got this thread a bit disjointed and the arguments may be getting a bit confusing . i need to try and get it clear in my head what my arguement is.

 

i will get the info out and try to get it straight and see where i stand and decide what my defence / next move is.

 

 

 

thanks DR

Edited June 1, 2011 by dominorally

[Old Cogger]

Be careful 4p.m. 1 minute late cost me a fortune in court fees.

[citizenB]

Once the claim has been transferred to your local court, you will receive the AQ.

 

Some template letters such as Default Notices and LBAs are not kept as hard copies but just entered on their Daily computer logs. So it would be a good idea to ask for a copy of those within a Subject Access Request. You can then see if they did actually send something on a date they said they did. Sadly you would not be able to confirm the content of the letter unless you did actually receive the letter.

 

There have been a lot of errors discovered via these logs, for example.. I took LTSB to court for non compliance of my subject access request. Their witness statement claimed that certain actions were taken yet their daily logs showed none of these had been taken and the claim was found in my favour.

[dominorally]

Thanks citizen B - yes i have already continually requested all the docs that they are going to rely on through the CPR rules and a subject access request ( i have received this info) no LBA copy and not all facility letters. also they are dodging the agreement thing claiming the usual" not needed for this type of lending" excuse. also other docs i have requested dont dseem to be forthcoming so not sure if they exist.

 

some things i have written to them about - the on;y response is that they want to know why the info is needed and what relevance it has to my defence. also the amount they are claiming for is incorrect as some of it is over 6 yrs old ( they have admitted that amounts over 6 yrs are not relevant )but still they claim for them.

 

thanks

 

dr

 

 

 

Once the claim has been transferred to your local court, you will receive the AQ.

 

Some template letters such as Default Notices and LBAs are not kept as hard copies but just entered on their Daily computer logs. So it would be a good idea to ask for a copy of those within a Subject Access Request. You can then see if they did actually send something on a date they said they did. Sadly you would not be able to confirm the content of the letter unless you did actually receive the letter.

 

There have been a lot of errors discovered via these logs, for example.. I took LTSB to court for non compliance of my subject access request. Their witness statement claimed that certain actions were taken yet their daily logs showed none of these had been taken and the claim was found in my favour.

 

 

thanks for the heads up on that Mike770 i had no way of getting the fax off before 4pm and could only go o the info from my calls to the court. We will see what happens ! hopefully it will be ok but as we all know the goalposts are constantly moving.

 

Be careful 4p.m. 1 minute late cost me a fortune in court fees.

[dominorally]

Hi,

 

I have received a letter from the court stating that the hearing has been transferred to my local court and they will contact me about the time, place and date.

 

Does anyone have an idea how long this process takes?

 

I will be grateful for any guidance on what happens next and what my defence might be. Does the claimant have to ammend their POC as it is still very vague and the amount they are claiming is incorrect or do i just leave that and use it at the hearing. Wondering also if i can apply to get this struck out due to them not being able to produce docs.etc

 

i would appreciate any advice and help with this as it has suddenly become very real!!!

 

thanks again

 

DR

 

 

 

Once the claim has been transferred to your local court, you will receive the AQ.

 

Some template letters such as Default Notices and LBAs are not kept as hard copies but just entered on their Daily computer logs. So it would be a good idea to ask for a copy of those within a Subject Access Request. You can then see if they did actually send something on a date they said they did. Sadly you would not be able to confirm the content of the letter unless you did actually receive the letter.

 

There have been a lot of errors discovered via these logs, for example.. I took LTSB to court for non compliance of my subject access request. Their witness statement claimed that certain actions were taken yet their daily logs showed none of these had been taken and the claim was found in my favour.

[emandcole]

Really depends on how busy that particular court is but is usually a fair while. We're here to help of course so stay calm

[dominorally]

Thanks Emandcole its good to know there are people that can advise. I dont want to be in a position where it is all last minute like the other week when i nearly lost it by default.I guess the Aq will be next so will wait for that in the meantime i am getting all the correspondancve together and trying to make sense of the info so far.thanksDR

Really depends on how busy that particular court is but is usually a fair while. We're here to help of course so stay calm

[Old Cogger]

wonder if DG get their paperwork correct or (case set aside) be interesting, as far as SAR you can request copies free under cpr rules, somebody on here will advise?

[dominorally]

Have already got all the info through the SAR and CPR or so they say. There have been some things requested that they will not provide as they say it is disproportionate to the case and they wnated me to explain why i needed the info which i didnt do.

 

There is still the issue of the incorrect amount claimed for and vague POC will this be changed before the hearing to let me submit a proper defence - which i have been unable to do as yet due to the fvagueness of the POC. Anyone got any thoughts on this??

 

thanks

 

DR

 

 

 

 

wonder if DG get their paperwork correct or (case set aside) be interesting, as far as SAR you can request copies free under cpr rules, somebody on here will advise?

[dominorally]

Just received today a letter from my local court with a time and date for a hearing of my application to set aside the judgement . when i sent the N244 aplication notice in I ticked the box that says I wanted to have it dealt with without a hearing. Why do I now have to go to a hearing to explain my reason for wanting this set aside?? Does any one know??

 

I am furiuos about the way this is going as i havnt even been able to give a proper defence yet because HSBC have not ammended their POC yet which are vague and incorrect.

 

I was waiting for the AQ to arrive but instead I have got this hearing date.5th August

 

Would I be able to ring the court and ask why or do I just have to go on the date shown? if so what do I have to take with me ?? will someone from HSBC have to be there also?

 

thanks in advance

 

 

 

Hi,

 

I have received a letter from the court stating that the hearing has been transferred to my local court and they will contact me about the time, place and date.

 

Does anyone have an idea how long this process takes?

 

I will be grateful for any guidance on what happens next and what my defence might be. Does the claimant have to ammend their POC as it is still very vague and the amount they are claiming is incorrect or do i just leave that and use it at the hearing. Wondering also if i can apply to get this struck out due to them not being able to produce docs.etc

 

i would appreciate any advice and help with this as it has suddenly become very real!!!

 

thanks again

 

DR

[dominorally]

I have got my hearing to set aside judgement this friday 5th August.

 

Can someone please help in terms of

a) What will happen

b) will there be someone there from HSBC?

c) what happens if they dont turn up ie can i apply to have the case struck out?

d) Do I have to take any or all the paperwork with me?

e) will i be askedto make a presentation at all or will the court already have made a decision and it is just a formality?

f) what happens if the court dont set this aside?

 

many many thanks

 

DR

Edited July 31, 2011 by dominorally
docs added

[Old Cogger]

bump

[frettful38]

I have got my hearing to set aside judgement this friday 5th August.

 

Can someone please help in terms of

a) What will happen

b) will there be someone there from HSBC?

 

c) what happens if they dont turn up ie can i apply to have the case struck out?

d) Do I have to take any or all the paperwork with me?

e) will i be askedto make a presentation at all or will the court already have made a decision and it is just a formality?

f) what happens if the court dont set this aside?

 

many many thanks

 

DR

 

 

Hi Dom I hope this is of some help, it has some useful info

 

http://www.bdl.org.uk/images/12_how_to_set_aside_a_judgment_in_the_county_court.pdf

[frettful38]

When you make your application to set aside judgment the court will fix a hearing date. Both you and the Claimant will have to go to this hearing. You will have to explain why you want the court to set aside judgment.

If the court sets aside judgment you will be allowed to put in a Defence explaining why you do not agree with the Claimant's claim.

The court will also give you a timetable to explain what you must do next. For example, you may have to tell the Plaintiff what documents you want to use to prove your Defence and if you have witness(es) they may have to make statement(s) which you must send copies of to the Plaintiff.

If you are the Claimant and you become aware at any stage that the particulars of claim may not have reached the Defendant you should apply to set aside any judgment which has been made.