Oh The Audacity of DG

[Audreygreeneyes]

yup totally concur with you nina........right now I cannot concentrate on anything......... other than the fact that they ignore the courts instructions and then...... ok i am out of here........ I am just getting to upset and distressed over this its not worth it

[freakyleaky]

Don't you dare give up Auburn!

After all you have done for your own case and the help you have given to others do you really want them to beat you? NO YOU DON'T!!!

Get that letter ready!

[Noddy73]

Just starting my three bundles of 399 pages each. What a waste.

[Kerrypotter]

I just can't believe they're doing this to everyone now - unbelievable.

[pinkduchess]

words fail me auburn but dont give up

[Castlebest]

Why are you taking any notice of what DG say ? they have ignored you.

 

Write a letter to the court, make sure its there before monday morning, saying you have had the letter from DG and you object to this further provaracation... add the stuff from this thread.

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

and just keep your fingers crossed your Judge agrees.

 

pete

[lateralus]

age, my approach to this would be along the lines of the witness statement - only very, very abbreviated - so that a very busy judge could look at it and see in about three seconds what you are saying.

 

xx/xx/xx letter written to hsbc - --- - - -- no response

xx/xx/xx lba sent to hsbc .......................... no response

xx/xx/xx mcol filed....................................

claim served

claim acknowledged

claim defended

claim transferred

xx/xx/xx letter to dg solicitors re: resolution ........... no respons

xx/xx/xx letter to dg solicitors re: resolution ........... no response

xx/xx/xx allocation

you see what i'm getting at - a list.... pure and simple

 

 

 

give dates things were due and what you did and date things were due for them and .................not filed

etc.

list everything you have done and everything they should have responded to and a big fat NO RESPONSE -or NOTHING FILED for everything they should have done - you get the drift - so in the end it is a tightly written list of what you have done and what they havent' done with dates

 

i think that is the most productive way to present it - along with the template stuff for removal of stay.

 

nobody said this is what to do - it just makes good common sense to me - to give the judge and quite quickly a chance to see all the activity or lack of at a glance.

 

hope this helps a little - i'm feeling for you!

[parian]

AGE I know how you feel I have a court date for the 14th at Cardiff and I've been told they have issued a stay to everyone, I've done all the running on this to the extent that I even offered DG the oppertunity to offer me a reduced amount, not even an acknowledgement of my letters, I was so depressed, so angry, I bet DG are laughing their socks off

 

Ian

[lateralus]

and have you seen this from freakyNews From Cardiff!

[parian]

yes we need as many people to appeal this as possible

 

Ian

[lateralus]

and to show up apparently

[freakyleaky]

Auburn where are you? Please don't just give up on this! With a combination of expert help from the mods, superb advice from the likes of lat and pete, and the total wierdness of me, we can get a result sooner or later!

Even if it is later, it is still a result!

[lateralus]

it's absolutely bound to be a downer for anyone as close as this to have this dumped on their head - age is right to step back and regroup. she'll be back - i guarantee it - and in a fighting spirit!

[Audreygreeneyes]

Thank you all for your kind and supportive comments, they are appreciated......I have had to setp back from this for no other reason than the effect it has now had on my health........

 

Today the court granted DG& HSBC a stay........... despite the orders of th master of the roll. about it being done on a case by case. it has not been as the order will show.......

 

Before District Judge Hayes sitting at xxxxx County court .. upon considering the OFT litigation Agreement dated 25th July, the FSA directions dated 27th July 2007 the calim form issued in the high court of justice, queens bench division, comercial court under reference 2007 folio 1186

 

IT IS ORDERED THAT

All further proceedings in this case be stayed pending determination of the proceedings issued in the comer court.

 

Liberty to either party to apply on 5 days notice to remove the stay.

 

THIS ORDER AHS BEEN MADE WITHOUT A HEARING UNDER THE COURTS CASE MANAGEMENT POWERS CONTAINED IN RULE 3 OF THE CIVIL PROCEDURESRULES. YOU MAY WITHIN 7 DAYS SERVICE OF THIS ORDER APPLY TOTHE COURT OT SET ASIDE OR VARY THE RULE UNDER 23.10. yYOU MUST FILE WITH THE COURT AND SERVE ON THE OTHER PARTIES AN APPLICATION THAT SETS OUT YOUR REASONS FOR OBJECTION...

 

WORDS

[Noddy73]

Does this mean your hearing is not happening tomorrow.

 

Couple of questions. Did you submit a removal of stay request before this judgment. Will you be requesting a removal?

[Noddy73]

Also did you ask for a default judgement as there bundle was not received?

[freakyleaky]

Auburn, great to see you back!

 

You don't need me to tell you that you can't just roll over and give up. After all the time and effort you have put in on your claim you have got to fight on!

You need to excersise your right to apply for this to be set aside.

Application for removal of staty

 

You are not on your own in this. There are plenty of others in the same boat and hopefully all will fight on. There has to be loopholes and if there are they will be found.

Please don't dissapear!

[Audreygreeneyes]

Hi all , thanks for all the advice and words of support, Lattie was right, for my own mental stability a step back is required.........I have appreciated everything that oyu have all done to helpme ofer the past moths....... :)

 

This is what District Judge Hayes ordered this am.........

Upon considering the OFT litigation Agreement dated 25th July , the FSA direction sated 27th July 2007 , the Claim Form issued in the High Court of Justice,Queens Bench Division, Comercial Court reference 2007 folio 1186

 

IT IS ORDERED

 

All further proceedings in this case be stayed pending determination of the proceedings issued in the Commercial Court.

 

Liberty to eitehr party to apply on 5 days notice to remove the stay.

 

This order has been made without a hearing under the courts case management powers contained in rule 3 of the Civil procedures Rules. You may within 7 days of service of this order, applpy to the court to set aside or vary the order under rule 23.10. You must file witht he court and serve on the other parties an application that sets out your reasons for objections.

[Audreygreeneyes]

thanks freaky again. but accoring to the MOR , they were supposed to be dealt with ona case by case basis. now did that happen today............ their deadline was the 24th...... prior to both these agreements being struck.....

 

os the reason for granting the stay cannot possibly apply to my case. jsutthought I would post it here so that others could see what was coming and maybe head it off at the pass so to speak.........

 

given the letter that I submitted with my representaions I really did think comon sense would prevail........... it is clear that htis judge did nto adhere to the guidelines from the MOR.....

 

DG had no intentions of submitting as they had every intention of settleing prior to 2morrows hearing. that is why the did nto submit what was requested. when this came out they thought ye ha we will use this........

 

What is the point of the court setting deadlines and then allowing them to be willfully ignored. contempt show not only for the claimen/customer but the courts... and they reqard htis by giving them everythign they want!!!

 

it's bad enough fighting one dept, but its not just DG & HSBC, it sthe OFT and FSA and the courts as well............

 

And as if that is not bad enough they also ant £65 for the priveledge of saying no the stay stays!!!!!!!!!!!!

[Audreygreeneyes]

Yes Noddy it means it has been cancelled........How coudl I submit a removal of stay? Iit had to be applied first before you can ask for tis removal..........

 

I thought the fact they had failed to meet the courts deadline and serve on time wouldbe enough this was pointe dout in the letter I submitted with everything else by the due date!!

[Audreygreeneyes]

I thinkon page 15 is the letter i submitted Noddy, I aske dfor judgemtn becauase they had faile dot serve on both the court and me does that help?

[freakyleaky]

The fact that they have served you to late is not your fault. Not sure exactly what you need to do but have a read of this for starters. Posted by pete earlier.

 

Application for removal of staty

My only worry comes from a little spat GaryW and Andy William, had in the Barclays forum, this is gary's post

 

Quote:

Originally Posted by Andy Williams

The best bet for everyone concerned is to place application for a set aside immediately. This gives the best chance that the 14th could be used as an enblock appeal. If you ring the court they will tell you what the order actually says

 

Originally Posted by GaryH

You're not "appealing" - your applying to set-aside an order. You cannot apply to set-aside an order which you have not received!! Its presumptuous and actually quite ridiculous. The contents of the application will depend on the actual terms - for instance is the stay 3 months, 6 months, indefinate? You won't know until you get it.

 

Each claimant will have a hearing for they're application if they indicate thats how they want their application dealt with.

 

You are allowed 7 days from the date of service to apply to set-aside.

 

I agree whole heartedly with Gary that within the strict legal guide lines you should wait for your stay paperwork before you ask for it to be set aside.

 

The Cardiff hearing is roumoured to affect 600 odd cases, thats a lot of typing for someone to get the stay notices done... added to that we are all litigents in person (non legal eagles) and are allowed a little leeway with the legal process. With this in mind I think the sooner you apply for the stay to be set asside the better.

[Audreygreeneyes]

they did nto serve at all freaky on either the court or me.. the deadline was the 24th........ they fiale dot meet it

only contact is the letter dated 31st arrived ont he 3rd.............. thats it

[freakyleaky]

Sorry, What I meany by served to late was regarding the stay!

[Audreygreeneyes]

thats wha ti jsut said to Noddy up there . how can you apply for something until you know it has been granted......... until I collected this from the court a 3pm I did nto know it had been granted..........