Help Me With Hsbc

[melsteph]

quick update, have spoken to the courts they have not yet recieved a application for a stay, apparently the judges are staying some cases but that in my claim DG have missed several of the deadlines already given. Until the courts comunicate anything further my claim will be heard on the 11th October.

I think this may be good news but we will wait and see!

Will go prepared with all documents for appealing against stay and keep everyone informed as to my progress.

Thanks

[freakyleaky]

That sounds promising so far mel! As you say we will have to wait and see.

Keep us posted.

Fingers crossed for you!

[melsteph]

should have recieved court bundle from DG yesterday but surprise surprise nothing came. I have still not recieved any information from the courts concerning an application for stay. As I understand it I can now file a request for judgement by Dg being struck out. How do I go about this? and what forms will i need?

[jowalshy]

You can download N225 Request ForJudgement from here (forms)

Her Majesty's Courts Service - Home

[melsteph]

thank you for the form info. bit thick now, but when filling it in i presume i tick A, in the judgement details where it says interest since claim what do i fill out had originally worked out interest would be at 44p per day but can't remember what the % was, also what period do i do it until?

[Castlebest]

not looking at the form but I would stick to your pence per day if it allows and it should be until the debt is settled.

 

pete

[jowalshy]

Tick box A

Section B -Tick "The defendaent has not made any proposal for payment"

Section C - Tick DOB not known

Section D - tick immediately

in full by xx.xx.xx (pick 7 or 14 days from the date of when you submit your judgement)

 

Amount of claim (including interest at date of issue) = put the total of your charges + section 69 interest + court fee at the date you filed you claim.

 

Interest since date of claim = accrued interest since filing claim 44p multiplied by the number of days since date of filing to the the date of when you want to be paid.

 

Period from (date of filing) to (date 7 or 14 days after judgement request)

 

Rate = 8%

 

Sub total = add up your figures

 

No to solicitors fees

 

No for amount paid since date of issue

 

then total amount payable.

[melsteph]

Thanks for all the help so far, have hit disappointment as this morning recieved general form of order from courts. a stay has been placed but the courts have done this not through a request from DG solicitors. In the letter it states

"IT IS ORDERED that

Upon it appearing that proceedings have been brought by the OFT in the HC on 27th JULY (blah blah)

AND UPON this case being listed for a hearing with a time estimate which is insufficient for the case to be heard.

AND UPON the partied having no opportunity to make representations with regard to the question of a stay.

IT IS ORDERED that

1. The claim is stayed until further order to await the final determination including (for the avoidance of doubt) any appeal of the test case.

2. Either party may apply upon less than 7 days written nottice to lift the stay.

3. This claim shall be struck out at 4pm on 31st December 2008 unless by then an application to lift or extend the stay has been recieved by the court.

4. This order will come into effect at 4pm on 8th October 2007 unless by then the court has recieved written representations from any party seeking that the claim proceed to trial.

5. Any such representation must be copied to the other party."

 

HELP! what do i do know is there a letter or format to follow to appeal against the stay being placed. Do I point out the DG wrote to me 5th Sept saying they would be applying for a stay so had plenty of time to apply. They also missed all deadlines set by the courts (allocation questionaire, court bundle).

[jowalshy]

Yes there is. I will post up the links for an application to remove a stay:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

If you are suffering from extreem hardship, this may help as well

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html

[melsteph]

Thanks again, to make the statement of evidence relevent to my specific case was going to put in at the startafter points 1 & 2

"3. I also understand that the court believes that neither parties have had an opportunity to make representations with regard to the question of a stay. The Office of Fair Trading case was bought in 27th July 2007, on the 5th September DG Solicitors sent me a letter to infrom myself that the would be applying for a stay, but did not however approach the court."

what do you think any good or not really needed?

[melsteph]

Have any more claims been settled since OFT announcement have got a list of nine but none in september is this correct.

[jowalshy]

I'm not sure whether there have been, but I will hunt around.

[melsteph]

Hi, have sent application of appeal against a stay being imposed on the 8th Oct, and have been informed by courts that hearing date of 11th Oct still stays. I presume this is to appeal at the hearing against the stay. What documents, and arguments do I need to take with me? All help and advise will be greatly appreciated. Should I take my original Court Bundle with me as well. Thanks.

[Castlebest]

Hiya melsteph, yes it will be a stay hearing, Zootscoot has started a new forum for stayed cases here.

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

and you need to look at thses two threads

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/115380-skeleton-argument-stay-hearing.html

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114542-bundle-stay-hearings.html

 

I doubt you will get a chance to talk about anything but the stay but you never can tell, I had everything with me in court yesterday just in case.

 

pete

[melsteph]

I have not sent a bundle to the courts or DG regarding appealling to have stay lifted. I just sent a witness statement along with copy of OFT particulars of claim, and settled claims sample. Would i need to take along a copy of bundle for courts and DG as with no post could not get them there by thursday?