Castlebest II - Return To The Claims

[syds mum]

 

The wins we have seen this week have been down to the input and hard work of a few people but you can take alot of the credit for them! I am sure there will be others who agree!

 

 

just for the record i agree whollheartedly... do it pete... just do your stuff!!!

 

debbie xx

[jowalshy]

[Audreygreeneyes]

Wishing oyu all the very best of luck for tomorrow Pete, althought you will not need it as you will be very VERY well prepared ( god help DG) and no laffin..........lol.........

 

Am so looking forward to seeing WON on this thread xx

[Castlebest]

we will see what we will see untill I step into the court I wont know whats waiting for me, hopefully the judge wont mind the title page of my bundle in light blue because my black catridge ran out these things are sent to try us

 

I will post the results when I get back

 

pete

[johnnymitch]

You can only play the cards as they fall, Pete, - but best of luck, - may you get a sympathetic judge with common sense! .

[pinkduchess]

wise words johnny

[pinkduchess]

and of course the very very very best of luck for you tomorrow pete xx

[Rayne]

Good luck today Pete, stick it to em, stick it to em GOOD!!! :D

[jailbird]

Good Luck Pete. Go get em !

 

Will be waiting for result

 

Chris:D xx

[lolly371]

good luck pete. if anybody can do it, you can.

[jowalshy]

Any news????? What time was Pete due on court?

[freakyleaky]

Any news????? What time was Pete due on court?

On court? He has got no time for tennis today Jo!

 

I think it was 10.30 so should hear something soon!

[jowalshy]

lol

 

oooops slip of the fingers again.

[jowalshy]

I've just noticed Pete's light on. Are you there Pete or did you not log off?

[Castlebest]

wanders in in my tennis whites

 

Well I arrived half an hour early and they checked me in on their list, I saw that the HSBC barrister had already signed in, she came and found me after about 10 minutes and gave me her skeleton argument which contained the normal twaddle (but 13 pages of it lol) and a copy of Heynes v HSBC (note she had sent this to the court but not to me ) so I gave her my bundle which she started to furiously make notes about (oh dear I sent it to the court but not to her ).

 

There was a 6 day case in progress in our court room but the Judge had adjourned it to hear our cases (oops barristers everywhere twiddling their thumbs)

 

We went into court (full courtroom) there were 3 other cases 2 Lloyds and one Abbey, Lloyds had sent a barrister Abbey hadn't and one of the Lloyds claimants was a no show. The Judge decided to hear the claimants in turn and then the barristers in turn so I went up first

 

I said as stated in my submissions I would like the stay removed but, baring in mind by the time my case got listed for hearing it would probably be the end of December early January anyway so I wouldn't be too upset if the stay remained. However I told the Judge I was very concerned that the bank was at liberty to continue with their regime of charges and threats of collection and default notices, (the further directions to accompany the stay are included in my stay appeal) and I also drew his attention to the Carlisle v Clydesdale judgment which I had included in my bundle.

 

The Lloyds Barrister asked for the appeal to be struck out for the person who didn't turn up and had managed to get the other Lloyds claimant to withdraw his appeal and the Abbey claimant basically just asked for the stay to be lifted, don't think either of them were very well informed or prepared, they didn't even know when the test case was due to be heard.

 

Next up was HSBC's barrister who said all of her reasons for opposing the lifting of the stay were in her skeleton argument and she also opposed any further directions being placed on the bank, she also stated that none were imposed in the Carlisle v Clydesdale judgment to which I added the Judge in that case has said if any measures are taken by the bank against the claimant the stay will be lifted and the case will go to hearing she shut up then .

 

The Judge asked if any costs were involved the Lloyds barrister said none but my barrister said she was very upset I had changed my submission (heart skipped a beat here, I hadn't !! :o I just beat her at her own game of giving information late lol) but would not be asking for costs (phew)

I think she was upset because I didn't actually argue for the stay to be lifted but had a very strong case for controls to be put on the bank.

 

The judge said he had to consider what we had all said and he was reserving judgment, we should all hear in 2 to 3 weeks time.

 

So I had fun in court and I don't think the Judge was opposed to what I had said but we shall see.

 

pete

[johnnymitch]

Lovely report Pete, thanks very much. Looks as if you were in the driving seat there, - just shows if you are prepared , usually the judge will listen, especially if you're more prepared than DG - which doesn't appear to be difficult ...........

 

Well done! and it's fingers crossed till we hear.........

[freakyleaky]

Well done bud! Looks like you really threw a spanner in the works for dg by not arguing specifically for the lifting of the stay. They were not expecting that.

 

Heres hoping for a good result!

[Castlebest]

As you know Freaky its always been my biggest gripe about the stays and it struck me last night that if the stay was lifted any listing for a hearing will only be a matter of weeks before the test case starts so its getting to the point where apeals against stays are pointless, think the Judge liked that point too .

 

pete

[Rayne]

Nice one buddy. Nice to hear of a DG barrister at a loss for words and not trying to slip a sneaky one in there...so to speak

[lolly371]

very good work, pete. a good point about lifting the stay this late in the day- i hadnt thought of that.

[jowalshy]

Well done Pete, you really put your point across. Glad to hear that you stumped DG in the not actually arguing against the stay. You are pure genious.

[lateralus]

well done, as i knew it would be - just hope the judge agrees - it would be helpful to many others, too. you like this stuff, i know. just as well! keep up the good work.

[Castlebest]

Lattie, I do seem to have a knack for it maybe I was a Lawyer in a previous life

 

pete

[jailbird]

REALLY REALLY pleased for you Pete. Its good to be able to stand up there and know your stuff and also have the confidence to say it.

 

The chuffing Bar Stewards have taken £86 in charges from me this morning..........well they picked the right day. Nothing like a women with legs that wont work today and trying to get round home on a walking stick with arthritic hands that are driving me up the chuffing pole ! I look like i'm bloody river dancing with no water !

 

Straight on the phone to them and gave them hell. Result.they are giving it back to me 'as a goodwill gesture' yeh right! Nothing to do with saying my next call would be the the FOS and the local paper and the bloody police for theft thrown in eh?

As you can probably tell Im having a bad day.............sorry for the rant but I really am pleased for you. Someone needed to tell them.

 

Hugs (if the hands will bloody work)

 

Chris:oops:

[johnnymitch]

Hey Chris - It's good to rant - get it off your chest, I bet you feel better for it. .....our shoulders are broad enough on this forum.. Spread it around and it eases I think, relieves the pressure, good safety valve.

And it made sure the bank didn't mess you around - they knew where you were coming from alright............! Scared the hell out of them........