Has anyone been to Court to defend a Stay of Execution?

[NeilP]

Both Whizzkid and myself are in Court defending Abbey's request for a Stay of Execution within the next 2 weeks.

 

Has anyone else been to Court yet to defend their Banks application to do this?

 

If so, what would they reccomend?

 

I know the process etc, as i have been there before with another supplier a number of years back. What i would like to know what arguements (apart from 'we didn't receive the paperwork') for and against we should be looking to receive from Abbey, and what we can use against them.

 

Thanks

 

Neil.

[Guest Lueeze]

bump...

[lookinforinfo]

When is the case scheduled for?

I may be wrong but it is usually the Judge who decides whether to grant a stay

of execution. And I don't think more time would be granted, in view of the time

elapsed since you commenced proceedings.

Unless you originally gave them 14 days to react: they responded earlier so you

went on to the next level before the previous 14 days were up?

 

When you find out their reason for the stay [as there could be several] post

that here for the mderators to look at.

[HD]

I would say that you would welcome a stay to allow Abbey to engage in meaningfull negotiations with you. :D If they are asking for a stay for any other reason that they have had ample opportunity to enter into negotiations with you as you have given them 28 days to commence a dialogue. As they have failed to do so and appear unwilling to start then you would oppose any stay.

 

You might want to take a look at Cred's thread in the lloyds forum.

[rbrears]

An application to set aside is governed by the CPR (see Part 13) - the bank will have to show that it has a real prospect of successfully defending the claim OR show some other reason why judgment should be set aside.

 

It is entirely within the judge's discretion. Usual excuses are that they didn't get the papers, lost them, so busy they couldn't get round to it. They will present some form of their case against you so be prepared to argue the issues although a set aside application is not a mini-trial. Hopefully the judge will give them short shrift.

 

The one slight difficulty is that judge's often decide that it is in the interests of justice for the judgment to be set aside (and this falls under the some other reason category) and the case heard properly. The prejudice to the bank of being debarred from defending by a default judgment is often viewed as greater than the prejudice to you of losing a default judgment because they can be made to pay your costs of the set aside hearing.

 

So, make sure you go armed with full details of your costs of dealing with the set aside hearing. Time spent preparing, travel, loss of earnings for the day, etc. etc. You should get an order that they pay those costs within 14 days if the judgment is set aside. Alternatively the judge might not be feeling particularly generous on the day and send them away with a flea in their ear given that you are a litigant in person and they should really be expected to have complied with time limits. It really can go either way.

 

Best of luck with it and keep us posted

[NeilP]

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