Oh The Audacity of DG

[lateralus]

are we there yet?

 

look on this post....Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE it's the second of the two letters (and after the letter there is some stuff on how to fill in the n244) or read this one - very similar:~~## Stays info and guidance ##~~ so, freaky (masterful person that he is) and jo (who knows her stuff) are saying to read it just so you know what you are asking.

pick the one you like best and do it as a letter (best typing mode required here!)

then the n244 - here's the link:Form N244 - application notice

 

just thought i'd throw some links in for you.

[jowalshy]

the second post is in statement form (which basically means it has the details of your claim etc on the top of it) If you are going to apply for the stay to be removed via N244, you use the statement in a letter form for part "C". (I think thats right)

[freakyleaky]

Ok part c is on the n244, yes?

So the letter is attached as part c of the n244, Yes?

Same as jo's thinking so it must be right!

[jowalshy]

That is how I read it. Glad to know someone is on the same wavelength as me.

[freakyleaky]

What happened to the database? Was everyone else blocked for a while?

[lateralus]

yes, from about 7 for over an hour - i figured it was so i could watch emmerdale and corrie

[freakyleaky]

Ah yes! I knew there would be a logical reason for it!

[Audreygreeneyes]

ok am back.. have gone for the 2nd one at the moment and filled in all the bits, but coudl change my mind again in the morning.....

 

now this n244 thingy... now I know cos the lady at the court said " THEY HAVE ALL BEEN STAYED" so the judge has not adhered to the ruels of engagement..... now my thinking here is.......... itmight jsut be worth paying for the hearing, as then DG would have to attend and I could argue the point face to face with the judge....

 

also wonder if the possibility of a hearing to have it set aside might just mnake Dg wake up and smell the coffee.......... also the courts......... liek this lot are not going away.

 

and this one is lovely,,,,.... perhaps a complaint ot the MOR that his instructions are not being carried out with regards stays.......

 

I know mine is not at cardiff but maybe if all the 600 also asked for hearings with regards their stays........

[Noddy73]

Personally the extra £30 or £65 for a hearing is what I was thinking. See the "white of there eyes".

[Audreygreeneyes]

thats my thoughts as well Noddy..........if they thought we were going away or doing it quietly............

[Noddy73]

Personally I can not believe the judge did a blanket stay a day before a hearing. Unbelievable. Must have fancied another day on the golf course. If that happens to me I will be writing to the MOR and Senior District Judge.

[Audreygreeneyes]

those same thought have also crossed my mind Noddy....the MOR is the 3rd highest judge in the country.......... given the thickness of my folder there is no way in 4 hours he read every case and had the orders all typed up ready by 2.30

[Castlebest]

Good Girl !!... now have you spell checked it and read it through properly ? or do you want to post it so we can and for gawd sake wear a better hat

 

Good Luck Auburn

 

pete

[freakyleaky]

Are you all set to go auburn? Fingers crossed for you!

[Audreygreeneyes]

hahahha Pete, I copied and pasted it from here all I had to do was add claim number and name and county courty, all of which are spelt correctly!!! cheeky so and so:)

 

Erm freaky am I missing something, the case was stayed yesterday...........lol

[freakyleaky]

Are you not taking the forms to the court today?

[Audreygreeneyes]

I have not printed of the 244 yet. was hoping for some thoughts on the asking for a hearing.......... which is why it is not completed yet...........

[freakyleaky]

i would go for a hearing. It will cost more as far as I am aware but the judge will have to give you time in court. The more people that ask for a hearing the better.

Did you read the news from cardiff thread from last night? Your case was discussed on there if you want to take a look!

[Audreygreeneyes]

Freaky sorry for the delay , was actually phoning the court, and asked about the hearing.....

 

The court manager was VERY surprised, she todl me that they have never had a requst for ahearing in a removla of a stay( i bet you havent) if he had looked at it properly it wouldnt be necesaary.......lol..........

 

I then aske dher about the fee.......... if it is written in bold type at the bottom then there is NO FEE.......... NO FEE..........

 

the other thing about asking for a hearing is DG will ahve to attend:D

 

ok will go have a look at that thread freaky........

[Noddy73]

The time for removal of stay hearings is NOW.

 

If DG and HSBC think were going to roll over and play dead, they are wrong. We have played nice and fair. Now lets play them at there own game. For every stay, we'll ask for a removal of stay hearing.

[Audreygreeneyes]

I have just started a new thread, asking eveyone who is served withastay to ask for a hearing to have removed.........

 

now apart from the new stay link on here, what other things do you think I shoudl include in my "C" section........

 

I thought my representations ot the court were more than adaquate and that DG having failed to comply and the proof given of the exhaustive lengths that I went to would have been enough!!!!!

 

Boy did I get that wrong! so now I want to make sure that there is a cast iron bundle of evidence that will make it VERY VERY difficult for the judge not to grant me my hearing.....

 

The upside is it will mean that DG will ahve to attend or send a representative.

 

Oh yes the lady at the court also said when I asked about the hearing, that part is normally filled in by solicitors!!!!

 

 

so come on thinking caps on, I would rather take an extra day and collate a good evidence bundle than rush in this morning with just one form of evidence.

[Audreygreeneyes]

The court’s general powers of management 3.1 (1)The list of powers in this rule is in addition to any powers given to the court by any other rule or practice direction or by any other enactment or any powers it may otherwise have.

(2)Except where these Rules provide otherwise, the court may –

(a)extend or shorten the time for compliance with any rule, practice direction or court order (even if an application for extension is made after the time for compliance has expired);

(b)adjourn or bring forward a hearing;

©require a party or a party’s legal representative to attend the court;

(d)hold a hearing and receive evidence by telephone or by using any other method of direct oral communication;

(e)direct that part of any proceedings (such as a counterclaim) be dealt with as separate proceedings;

(f)stay (GL) the whole or part of any proceedings or judgment either generally or until a specified date or event;

(g)consolidate proceedings;

(h)try two or more claims on the same occasion;

(i)direct a separate trial of any issue;

(j)decide the order in which issues are to be tried;

(k)exclude an issue from consideration;

(l)dismiss or give judgment on a claim after a decision on a preliminary issue;

(ll)order any party to file and serve an estimate of costs;

(m)take any other step or make any other order for the purpose of managing the case and furthering the overriding objective.

(3)When the court makes an order, it may –

(a)make it subject to conditions, including a condition to pay a sum of money into court; and

(b)specify the consequence of failure to comply with the order or a condition.

(4)Where the court gives directions it may take into account whether or not a party has complied with any relevant pre-action protocol (GL) .

(5)The court may order a party to pay a sum of money into court if that party has, without good reason, failed to comply with a rule, practice direction or a relevant pre-action protocol.

(6)When exercising its power under paragraph (5) the court must have regard to –

(a)the amount in dispute; and

(b)the costs which the parties have incurred or which they may incur.

(6A)Where a party pays money into court following an order under paragraph (3) or (5), the money shall be security for any sum payable by that party to any other party in the proceedings , subject to the right of a defendant under rule 37.2 to treat all or part of any money paid into court as a Part 36 payment .

[(Rule 36.2 explains what is meant by a Part 36 payment)] (7)A power of the court under these Rules to make an order includes a power to vary or revoke the order.

[Audreygreeneyes]

Power to strike out a statement of case 3.4 (1)In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)The court may strike out (GL) a statement of case if it appears to the court –

(a)that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

©that there has been a failure to comply with a rule, practice direction or court order.

(3)When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)Where –

(a)the court has struck out a claimant’s statement of case;

(b)the claimant has been ordered to pay costs to the defendant; and

©before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

 

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit –

(a)the court's order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.

[manicblonde]

Hi Auburn,

 

should I copy this and include this as part of My part C statement?

 

Manic.

[Audreygreeneyes]

well I was going to which is why I psoted it so that Lattie and freaky could give me thier thoughts.........

 

DG faile dto serve what they were requested to by the court on me which is why I am including it, if they did the same to you then I would incluide it...

 

it shows what their own rules are and that they kind of have to adhere to them......... if you follow me.........

 

any of you clever bods about???