stonedecroze v halifax 2

[songwriter]

Thanks Stone!How would I do that? Do I have to go through the whole process again via mcol?

[steven4064]

Hi Stone

 

everything sorted for tomorrow?

 

All the best - you know we'll all be on here clicking "refresh" every 5 seconds until you appear, don't you

[stonedecroze]

Thanks Stone!How would I do that? Do I have to go through the whole process again via mcol?

 

Sorry I`m not too sure on that, but I think that you just write to the court and ask for judgement agian. really you need to start your own thread and write what has happened so far. there are lots of peeps here that have much more knowledge than me and will be along to help.

[stonedecroze]

Hi Stone

 

everything sorted for tomorrow?

 

All the best - you know we'll all be on here clicking "refresh" every 5 seconds until you appear, don't you

 

We are just about there now Steven, all set for the morning, thanks for the good wishes but don`t refresh to often, cos if we win I will be doing some "refreshing" of my own. :)

[sea-sidelady]

Good luck stone,

 

Cant wait to see how you get on. You go show them you mean business!!!!

[ja-de]

Best of luck for tomorrow stone, we'll all be rooting for you!!

[stonedecroze]

Thanks SSL. Without the help and support here I would have given up ages ago

[stonedecroze]

Thanks SSL. Without the help and support here I would have given up ages ago

 

ditto Ja-de

[stonedecroze]

 

 

got to get my beauty sleep for tommoz. c`mon dad

 

[sea-sidelady]

And just look how far you have come..!!

[**Tilly**]

good luck stone omg you taking dad with you lol:D

[elsinore]

All the best for tomorrow, Stone. Go get 'em!

 

Els:)

[MacBoy]

Best of British, Stone..

[stonedecroze]

Hi Ho, Hi Ho, it`s off to court we go !!!!

[sea-sidelady]

So still no news then Stone????

[steven4064]

Case was listed for 12:15 so he should be out by now - I don't know how far he has to travel

[stonedecroze]

well back from court. result as expected. stay not lifted due to test case.

 

We arrived at court and Howards minion introduced himself (Mr Thompson, not long out of short trousers), and he presented me with rulings to back his arguments. Garrick and Crosdale v HSBC and Pilliner v NatWest in Nottingham CC before Judge Inglis and Heynes v A & L at Winchester CC before Judge Hughes QC (If anybody wants a copy PM me ) went into chambers for hearing me, son of Stone and Mr. Thompson.

Deputy DJ sat at head of table and sat nearby but not taking part was DJ Laws (he was there to assess judge. well judge is not going to overrule boss whilst he is being assessed thinks me)

after intros Judge asked Thompson to start procceedings at the same time acknowledging that I was the appelant. He kicks off on Human Rights, Overriding Obective and Balance of Convenience arguments and presents them quite well. Judge then asks me to present my points. I start off by saying that since this whole business was started that there have been many and varied applications heard up and down the country and most of the points that Thompson put have nearly all been found with the same result, stay not lifted, therefore I had no wish to waste the courts time arguing these points and would merely concede the argument to the courts decision, Thompson looked a bit suprised, what is your argument judge asks me. I go on about the banks behaviour in ignoring, playing for time, failing to keep to legally required time limits (40 days data protection act) etc. that they must have had prior knowledge of test case and stays and had used this knowledge to my disadvantage, much like "Insider dealing" he listened to my points and took many notes. I also asked that stay be set aside and case heard there and then as all parties were present,

"I`m not going to do that" he said to me with a smile, thinking to himself cheeky bugger, I then asked for a definate date to be set for the hearing and that if I were successful, or if bank failed to turn up then judgement be awarded to me with the bank disbarred for applying to have the case stayed or from applying to have the judgement set aside or stayed.

 

He said I do not think that I can do that Mr. Croze apply conditions to another judge on how to make his ruling.

He then asked the other side for any observations on my points. Thomson began to waffle that the bank was looking after my best interest in not informing me of pending test case and also pointed out that Information Commissioners Office had explained pressure of many claims as reason for some delays as banks were getting flooded with claims, I countered that to my knowledge that there were no more claims bieng made at that point than there were 6 months previously when I had 2 similar claims settled in full within 75 days, the same length of time it took to get list of charges from halifax this time. thompson made no reply.

 

Then Judge began summing up and said that on the 3 early points he would not go against earlier decisions, on the abuse of process issue he would make no decision as there probably were grounds to argue this he would not make a decision as the test case was well in progress and entering it`s 10th day (which I had to tell him as Thomson did not know, when asked) that he could see no benefit in lifting the stay at this point, as the Judge had said that he would have something to say re stays at the end of it.

 

He then thanked me for " a well presented argument and very comprehensive bundle".

he then made his ruling which I was unable to write down fast enough but the gist was application dismissed, and called a halt to the proceedings. Before we all left the room the judge asked me if he could hold on to my bundle "for the courts record" I do not know if this is usual but he did seem very impressed with it.

 

I will post full judgement as soon as I get it from court.

 

I got the feeling that if it had not been for test case that I would have won.

 

 

[elsinore]

Well done, Stone, a very nice bit of reportage!

 

Well, you had your day and you had your say. A few nice barbs delivered and an interested judge. Bet you'ld have liked to have been a fly on the wall, listening to the two judges convo afterwards.

 

Els

[steven4064]

Bet you'ld have liked to have been a fly on the wall, listening to the two judges convo afterwards.

Wouldn't we all

 

Well done Stone. Not unexpected given the circumstances but, as Els said, you had your say, and came off well. It is good experience too - one day you may get the chance to face Halifax in court properly - heaven help them

[deadlykiss]

great going Stone ,, well done

least You had your say and did it well , lets hope you get whats deserved after the OFT case ,, and many others on here

huggs xoxxo

[stonedecroze]

I will be away now for a time, got to go and look after my old mum, who broke her hip just after christmas, dont know if i will have an internet link there :o, so you can all talk about me with impunity :!: for for the time being. see you all when i get back

[**Tilly**]

Hope your mum is getting on ok stone,now would we talk about

while you gone so how long you going for;-)

[steven4064]

All the best to you and your mum stone

[stonedecroze]

BBC NEWS | Business | Bank claims may resume in courts

 

 

 

Is this good news for us?

[**Tilly**]

It would be great stone but i'm not holding my breath