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Welshbaba 'v's HSBC


welshbaba
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Well, have just rung the court to get n244 changed to have a hearing. Friendly enough chap (Lee) on the phone said that it couldnt be changed as when the judge looks through the applications he will then decide listing. Asked how long before we should expect some sort of reply and he said 2 - 3 weeks.

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OK then, if you are going tomorrow take another application and tick with hearing. Just add a note that you made a mistake on your original and you would like a hearing.

What can they do to you for doing that? Not much I wouldn't have thought!

 

And if, as has been suggested, the judge allowed the stay in order to reduce his work load, this will keep him busy for a while longer!

 

Synical maybe but paranoia is a side effect of dealing with the Banks!

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  • 1 month later...

Hi all,

Have just managed to get up to date with everything (phew....didnt realize how much i'd missed!).

Well, today I received a letter from the court informing me that my application for removal of stay has been refused. So, do i now just sit and wait for the outcome of the test case?

Thanks

Sha

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It says:-

 

1. The submissions be treated as an application to remove the stay in the order of 3/8/07

2. The application be refused.

3. As this application has been refused without a hearing, either party may apply for the application to be reconsidered at an oral hearing. Any such application shall be on notice, and is reserved to judge hendicott or hickinbottom unless expressly released by either.

 

So not sure what i do or what to do re the last paragraph, another knockback grrr :x

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I just rang the courts Pete, explained what i had done originally and then went to the court to get it altered. I was told that both would have been put in front of the judge, when i asked why both would have been given to him, he could offer no real explanation other than they would have been submitted as one. Now i am wondering if the ammended one was looked at, or if it was - wondering if i will get another letter saying i will get my hearing!!??!!

Sha

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Hi Sha Pete et al.... I got the same letter, in spite of having requested an oral hearing to discuss the stay - seems like they are just ignoring our requests, probably too many of them. Some justice ! I am writing to them to ask for oral hearing to "reconsider" the application

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Probably has something to do with all the Welsh bank charges cases being transfered to Cardiff including North Wales... has anyone in the justice system ever tried traveling from North Wales to South Wales?

 

Was posting to one bloke who's case was originaly at Caernarfon County Court, he recon's he can get to London quicker and cheaper than Cardiff :eek:.

pete

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  • 2 weeks later...

Hi MB,

Nope,:Cry: not heard anything since I rang explaining I asked for oral hearing re the stay. Is this the first you have had or did you have a letter saying your application wouldnt be heard and then appealed against it??

Sha

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Have just rung the courts again!, asked why I wasnt granted a hearing when I know others have been given have. Explained (again) the situation and she said I should have had a hearing if I asked. So she took my number, going to get my file out to "check" my ammended form was given to the judge and going to ring me back later today.

 

Sha

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Hi MB and Sha. Good to see there is some movement again at last. I haven't yet appealed the order rejecting my request to lift the stay as it seemed the only possibility was if you were suffering hardship. Having been served with Liability order for non payment of council tax and DCAs on my phone regularly am writing to the courts today to request an oral hearing. Good luck to you. Maybe see you soon in Cardiff

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  • 1 year later...

Hiya all,

Havnt been on for a while, needed a new comp.... been trying to follow wots been goin on with the banks and the appeal etc and after reading about it yesterday, I am now wondering if i should be doin something or still just sit back and wait??? Mine is one of the many stayed claims.

Many Thanks

Sha

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Hi Sha. Long time no hear!:)

 

In answer to your question I will take a quote from Jonnymitch that just about sums it up. (Hope you don't mind Jonny? :))

 

"

It's not over yet ........ IMHO the High Court and the appeal judges have more or less told the County Courts to leave the stays in place (although they say they're it's up to the County court to decide ........ BUT ....!

 

http://www.judiciary.gov.uk/docs/jud...ote-260209.pdf

 

If you read para 3 you'll see what I mean .... so I'd say 'Business as Usual at the moment .........:rolleyes:"

 

 

.

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