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molly1959
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It cetainly looks like the full bundle to me. Here is the bundle link:-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

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Well my daughter got a letter today from Northampton Court saying it has been stayed never even got as far as our local court because mcol lost the defence its annoying because started hers before mine, and i got a date for local court. I have scanned her letter not sure what she has to do about the bit under note saying any party affected by this etc if some one could help me please. I know she will not get it set aside on hard ship grounds. She is wishing she had excepted there offer now:(

 

 

NORTHAMPTON COUNTY COURT

 

Between xxxxx Case Numberxxxxx

AND HSBC BANK PLC

Before District Judge Murdoch Sitting at Northampton County Court

Without hearing

IT IS ORDERED THAT: -

 

 

 

1) Following the filing of a defence or holding defence the claim shall be stayed pending judgment in the Office Fair Trading test case.

2) Liberty to apply with an explanation.

 

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

Date order drawn: 16.08.2007

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Although an application for removal may not be sucsessful I would recomend you apply for removal and tick the box asking for a hearing. This shows the banks and the courts that people are not just going away and are willing to fight for their money.

The stays will all be lifted at some point in the future and the more people have done to resolve the claim at the early stages the better it will look for them.

Just shout if you need help with the application for removal of stay!:)

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Hi Molly,

hope all goes well with this claim.

 

You posted on my thread re Endeavour Personal Finance,

here are conatct details

 

Beneficial House

Easthampstead Rd

Bracknell

RG12 1NS

 

Phone Terry Hutchinson, Senior Complaints Administrator 01344 356101.

 

Apparently, to ensure they comply with Data Protection Act, they don't keep a lot of paperwork (keep to a minimum!) and have no CCA on me, PPI insurance details etc on an account that ended mid 2003!;) Thats what they put in writing. On your statements, you should find early repayment interest classed as Penalty Interest.

 

Can that work to our advantage!!

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Molly, to make it easier on you. Endeavour Personal Finance are members of HSBC group. Your SAR for full banking history with HSBC should have covered this for you.

 

If when you remortgaged to pay it off, the solicitor may have details or there may be a debit in one of your old statements with an account number on it.

 

A new SAR direct to Endeavour, with £10, referring to your old address etc should be sufficient. They will ask for further proof if required.

 

Good luck!

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molly here is my letter..........

09.08.2007

Claim Reference Number 7QZ45507

Dear Sir,

 

Claim Number7QZ45507

 

 

please find attached Forms N244 in relation to the above mentioned case along with supporting documents. I would respectfully request that these are passed to the Judge for the allocation of a hearing date.

 

 

 

 

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank’s by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the bank’s activities whatsoever and allowing them to further abuse the court process.

They had no intention of defending this case in court as they have not done so thus far and believe they are using the OFT test case in the same manner. By requesting stays quoting the test case they further delaying and abusing the court system for the bank’s own gain.

The claimant is strongly opposed to such a stay, upon the basis that the defendant, both during and prior to this litigation, has ignored all prior attempts by the claimant to narrow the issues in dispute, or otherwise engage in meaningful dialogue which may have facilitated an amicable settlement to these matters.

Attached is part C is my supporting evidence with this regards

 

rockin all over the world

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and here is the one manic sent...........

 

Re: Manicblonde V Hsbc

Here is a copy of the covering letter I am sending with my forms. Do you think its a bit strong?

 

Dear Sir,

 

Claim Number xxxxxxxxxxxx and Claim Number xxxxxxxxxxxx

 

 

Please find attached Forms N244 in relation to both of the above mentioned cases along with supporting documents. I would respectfully request that these are passed to Judge Hickinbottom for his decision in this matter urgently.

 

Would you also please confirm that in light of there being over 600 of these cases that were listed for the 14th August, how it is now proposed the judge is going to be able to give each of the 600 cases the consideration it deserves rather than the use of a Blanket stay as per the directions of The Master of the Rolls as quoted below;

 

 

"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

 

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever.

 

Please note that I am unsure of what fees if any need to accompany these forms and therefore please contact me xxxxxxxxxx if fees are required in order to process these forms and I will ensure that payment is made forthwith.

rockin all over the world

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Hi i rang Birkenead court to day i have got to pay the £100 fee they said they never noticed it when they sent the court date out. They said some cases have been stayed but some are still going through, lady said to carry on and stick to any time scales i have got. So will have to start court bundle:mad:

 

My daughters claim do i just fill the form in and send a letter like the ones people have put in my thread?

 

Thanks every one for your help:)

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Oh well molly, the bundles not that bad. At least for the moment it looks like your case is going ahead!

 

Just shout if you need help with anything.:)

 

Is your daughters case being stayed? If so it is the applicationfor removal of stay that you need to sort out.Again just shout if you need help.

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Thanks she only has 14 days to reply it says in this bit of letter.

 

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

Date order drawn: 16.08.2007

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If they haven't transferred it to your local court, it must still be with MCOL Northampton, so I would imagine the application for removal of stay must go through there as they have advised - within the 14 days from 16/08/07.

 

If the order was drawn by Northampton then that's the only place the application can go, as no other court is involved. The address will be on the order. If in doubt ,Molly, ring up the court at Northampton and ask them.

Nemo me impune lacessit

 

 

Advice & opinions given by johnnymitch are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

 

If you think I've helped you please feel free to tickle my star :-D

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Hi

 

My daughter is going to apply for the stay to be lifted, i was advised to ask for a hearing when applying but she is terrified at the thought of going to court can she apply for the stay to be removed with out going to court? I have copied what her letter say's below.

NORTHAMPTON COUNTY COURT

 

Between xxxxx Case Numberxxxxx

AND HSBC BANK PLC

Before District Judge Murdoch Sitting at Northampton County Court

Without hearing

IT IS ORDERED THAT: -

 

 

 

1) Following the filing of a defence or holding defence the claim shall be stayed pending judgment in the Office Fair Trading test case.

2) Liberty to apply with an explanation.

 

 

Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

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Hi Chris

 

Thats very nice of you:) Her claim has not been sent to local court the letter was from Northampton mcol lost hsbc paperwork so with the delay has not been forwarded to local one so not sure what court she would have to go to get stay lifted.

 

I applied for mine after hers so a bit annoying as mine is for the 29th Nov but court told me to carry on with my schedule as normal as not all cases being stayed.

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Hi

 

I have filled in the removal of stay form what do i put in part C of this i have not got a clue so would be very grateful of any help i need to get this in the post a soon as possible to be within the 14 days they have given her.

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