Welshbaba 'v's HSBC

[Castlebest]

if nothing else you can have a protest march outside the court, I'm sure the press and TV would love to cover that, can see the headlines now..

FSA AND COURTS BREACH HUMAN RIGHTS

600 of you will be enough for a good old fashioned protest, nice welsh voices singing we shall overcome… can see it all now

[Mostyn1704]

i agree Lattie, we all need to put in Removal of Stay letters as a minimum,and demand right to be heard on the date set - 14th. We all have ample evidence that they just want to delay things, and if the courts collude in delaying our right to a hearing then they are denying our Human Rights as per EU charter.

[shelleybean]

at castlebest, i can just imagine...

 

Yeah i agree Mostyn, just not getting my hopes up. Im just sorting my letters now ready to send. Is it just the N244 and Removal of stay letter?

It cant hurt and you never know!

 

I know now i will be getting as far away from HSBC as possible after this! Grrrr

[Mostyn1704]

Well Pete, I had suggested that we all turn up anyway on 14th, but got admonished by a mod saying that a 'mob' would not help our cause.......seems to me if we follow the legal route but if carpet if going to be whipped out from under us at last minute we should at least show we are not happy with legal system's capitulation.....

[shelleybean]

Are you posting a copy to DG as well?

[Mostyn1704]

Hi Shel.... I am going to use Alanfrom Deby's letter ..post 2 here as it refers to human rights issues Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE...

....what is N244? .... I have not received anything in post yet about the stays but am thinking of visiting court manager on Mon to discuss issue and ahd stuff in then.

[shelleybean]

Hi,

Yeah thats the one im using, i noticed Parian said earlier to send in an N244 as well, at the bottom of post 2 on the link you posted is a bit about the N244 and how to fill it in. I think its a formal document to remove the Stay. You've got to fill it in and print it out, you cant save it.

 

Are you sending in a bundle of any sort? I dont feel like its enough, i read a auburn green eyes thread earlier and lattie mentioned adding in a list of your failed contact with DG/HSBC, from beginnning to end. I think thats a very good option.

[Castlebest]

I agree with the Mod, however if its organised properly with good press coverage and maybe Martin Lewis fronting it.....

 

As far as I know the hearing in Cardiff on the 14th was the biggest ever attempted with around 600 cases listed, Judge Hickenbottom started a big snowball rolling there, they cant expect it to stop just because they say stop.

 

pete

[Castlebest]

Shelly a bundle will be too much, if your judge looks at anything he will want a quick reference to your case in maybe 2 or 3 sheets, do a statement of evedence and attach your schedule of charges.

 

pete

[Mostyn1704]

Yes, I will copy to DG, together with a letter informing them of the extra interest they will have to pay me if they delay an offer until after OFT hearing, (this is the only positive - think of the extra interest ! ), plus a reminder that I will pursue them for wasted costs...

[Mostyn1704]

Pete I agree. Surely the courts have to now accept some responsibility..Who is going to pay for our loss of earnings having booked days off for the 14th... If we do get a hearing on 14 for the objections to stays it seems to me that what would be important is the history of lack of communication from the banks, no AQ submitted (in my case, and many others I guess), their history to date of settling before court dates etc Even if things are not entirely satisfactory in the OFT case, can any outcome be made retrospective? What about all the claims that have already been paid out? But maybe we should try to get some legal expert to argue the case against the stays as this one in Cardiff could turn out to be significant ...

[shelleybean]

Ok thanks Castlebest, right on it! With a copy for myself and DG aswell. I am fully intending to attend the hearing stay or no stay, do itake a bundle with me then?

 

BTW, Thanks for all the great advice to all mods and helpers, ive recommended this site to so many people and i will be happy to leave a donation whether it be 2012 or 2007 .

[shelleybean]

Gnite all,

 

Need to sleep now, heads hurting from thinking too much!

I'll have a nice dreamy sleep about what pressie the posty will leave me tomorrow!

Yep them fingers are still crossed!:grin:

[Mostyn1704]

Pete, Given the fact that the master of the rolls did NOT order all judges to stay applications, but to consider them on a case by case basis, ( according to MSE site quote below), do you think we have an angle here? .... I guess the banks will put in generic request for all stays in a particular court..maybe we can contest a general application for a stay?....so, several hundred hearings against stays on same day in Cardiff ??? Could be fun !!

" Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

 

Sorry if I'm hijacking Shel

[shelleybean]

Haha, its not my thread either, we've both been hijacking! sorry welshbaba

[Castlebest]

Your all in the same hearing sha wont mind... the master of the rolls has refused to grant a blanket stay and has left it up to the senior judges in charge of each county court... now they have all been very busy with this and im sure to some extent the number of stays we are seeing now is the result of the judges saying Yeeeah lets forget it for a few years...

 

I think this will change when they realise what they are doing and maybe a couple of human rights actions. The OFT case will rumble on for years the banks will extend it as much as possible, this is just another delaying tactic.

 

pete

[welshbaba]

Hiya all - well I've printed out stay letter, got correspondence i have sent to DG and good ol' colin and the 1 measly letter from them together, and schedule again. I havn't had a letter or anything informing me of the stay yet - should i wait for that or just send this bumph off? Also, do i send a copy of all the above to DG (to add t their ignore list!), with covering letter as Mostyn says re: interest will accrue etc etc?

Thanks

Sha:-)

[welshbaba]

me again.... Top right corner i just put.. c county court, claim no xxxx, claimeant - me, defendants hsbc. part A (2) do I put Judge Hinkingbottom removes the order of a stay imposed on the above referenced claim? and my addy etc on bottom. With regard to part C - do I just attatch the stay removal letter i printed off which includes the human rights parts etc

Apologies if these are daft questions but just want to check and check again!!

Thanks heaps

Sha

[welsh_steelman]

Welshbaba,

I hope your doing the right thing as that's exactly what I've done! I delivered my court bundle to Cardiff county Court yesterday and when they told me about the stay I came straight home printed out the letter to remove stay (the one about human rights etc) and posted it this morning. Ive also sent a copy to DG as a sort of nudge letter telling them that I will be pursuing this until conclusion, so they may as well pay up now. As if they will!

[lateralus]

this business of not going - by virtue of being a mob..........

i'm reading in freaky's news from cardiff that applications for removals of stays will be heard "If appeals are made they are likely to take place on teh original court date" - now correct me if i'm wrong - but to me -that to me is an invitation to the party for those who were originally invited.... so i'd go if there were any chance to be heard.

[parian]

I think I read in freaky's post that perhaps the judges are using a blanket stay as an excuse to reduce their workload, I am hoping and praying that those of us that appeal this will get the stay overturned, the judge gets what he wants, we get what we want, DG and HSBC get what they deserve.

 

Ian

[welshbaba]

sorry to be a pain - so i can carry on and post the objection letter before i get the notification of the stay from the court is it? Also, on part C on the n244 do i just attatch the stay letter or do i have to include anything else

Thanks

confused sha!

[freakyleaky]

You can't apply for removal of the stay until it is in place. Once you have notification from the court of a stay then you apply for removal. Hope this makes sense!

[welshbaba]

Thanks FL - maybe the other welshies have had their notifications already, just wanted to make sure. Will put in envelope ready. Is there a certain time before the court date that i should receive it?

Sha

[freakyleaky]

The court should inform you of the stay as soon as it is applied for!