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Paz6669 vs HSBC


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Don't mean to be negative but yes they can! Auburngreeneyes had her case stayed the day before the hearing and dg may well turn up on the day to ask for a stay.

Just be prepaired to argue against a stay.

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Judges are reacting to the applications for stay in different ways. The MOR has given instructioons to judges to look at the stay applications on a case by case basis. some are doing this and allowing the hearings to go ahead but others are not.

If you put your reasons across for not allowing a stay if one is asked for then you may get a hearing. If you don't put up any argument then the chances are they will stay the case.

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Hi Paz, if you have not heard from the court that a stay has been applied to your case just prepair your arguments as normal.

 

But also read this thread and be ready for DG's request for a stay. prepare your application to have it set aside before you go and make sure you know what it says and why.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108427-application-removal-staty.html

 

If DG do any conjuring tricks and produce things you have not seen, ask for an adjournment to consider what they have said/ produced and then ask us :)

 

pete

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Each judge is handleing stays differently but you have got to continue with your case. have a read of this thread HDR - v - HSBC for some ideas on what may happen.

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I am sure auburn and skintcumbrian will give you some ideas on what to expect. also read that thread above. you need to have some good arguments ready incase a stay is applied for. if for some reason they don't send anyone to apply for a stay then it will be a straight forward hearing where they don't turn up and the judge will enter judgement in your favour.

If they do send someone to represent them and they use information that they have not supplied to you beforehand then make sure you insist that the judge adjourns the case in order to give you time to consider the new facts.

Point out that you have done everything that the court has directed and you have done it on time where as dg (hsbc) have not complied with the directions of the court and in your oppinion they never intended to comply with the courts directions but it was always there intention to apply for a stay using the pending oft test case as the reason for staying the case. This being the case you believe that the bank has abused the justice system to avoid early settlement of your claim.

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Fingers crossed for you paz!

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Give em hell!!!

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Good luck Paz, thinking of you!! Please update and tell us what happened and what was said. I'm in court on thursday and just like you pooing it!

26/03/06 - 1st letter sent

16/04/07 - LBA Sent

08/05/07 - MCOL Submitted

08/05/07 - 2 copies charges sent to court

14/05/07 - Claim served

11/05/07 - Acknowledgment of Service

21/05/07 - 2 copies charges sent to DG

06/06/07 - DG defended

18/06/07 - Noitice of Transfer

22/06/07 - 1st nudge to DG

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Well guys it was a waste of time.

 

HSBC had 8 cases on the day and brought in a breif.

 

I was called into my case with another cliament and because our cases were similar we had it together. Which i was not at all pleased about.

 

Anyway the outcome was its now on hold till 31st March 08 or until the test case is done, im still going to try and settle out of court with DG as im sure some others on here have done that?

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Chin up paz, been watching this one you gave it your best shot and at least you've been to court and have a better idea of what to expect, wont be facing the unknown next time, think I'm going to start trying to settle with DG, I've not got a date yet, did AQ back on 17th June, thought it would all be over by now, my court is staying claims according to the lists so expect I'll be waiting long into 2008:eek:.

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Sorry you had no better luck paz.

I think it is time for a redrafted nudge letter to dg for use once claims have been stayed. We need lat on the case for this.

something along the lines of

 

" blah blah and i am aware of the high number of cases that you will have to deal with once the stays are lifted and am therefore willing to cease all further court action relating to this claim if you pay me £****** now. blah blah"

 

What do people think??? Good idea or not?

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