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Someone please help me! its been ordered to stay


lindseykim
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I've got a headache, ive read all the step by step guides and my process is not following them!

 

I've had my allocation q dispenced with and a letter this morning saying that it has been ordered to stay until the 3rd july.

Parties to file agreed directions order on conclusion of period allowed.

 

What does this mean, i was expecting a date or something.

 

Have i done this right so far? i filed on mcol, hsbc defended, i recieved a copy, it was transfered to local court, then i recieved this this morning, was i meant to send anything to anyone as i havn't so far. its just been running its course. help please i've posted about this on moneysaving but had no responce, i'm really struggling with the legal jargon. I dont know what to do, are hsbc buying more time, should i be prepping stuff? :-|

I've looked everywhere for something simmilar but cant find any info on this situation.

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Realy need to see the full wording of your judges directions, if you have what I suspect then the Judge has ordered a stay (a period of time) for you and DG to come to an agreement.

 

We all know this wont happen because DG wont talk to anyone unless they are facing a court date and thats what you need to aim for, you need to force DG into a corner where they have no option but to either make you an offer or go to court (they wont go to court).

 

Have a look at this thread, Querky was a bit extream but it will give you some good info about what to do.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85935-claim-stayed-help-please.html?highlight=stay

 

Bankfodder also has a thread about stay removal somewhere but I cant for the life of me find it now.

 

pete

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Thanks for replying, the whole thing reads.

 

it is ordered that

 

1)stay to 3rd july 2007 for parties to attempt settlement. parties to file agreed directions order on conclusion of period allowed.

 

2) this order having beenmade by the court pursuant either to rule 3.3 or rule 23.8 of the civl procedures rules 1998, any party affected by this order has a right to apply to set aside, vary or stay it by application made not more than seven days after this order was served on the party making the application.

 

like i say i've not writtem to court or anything, had my questionaree dispensed with, so what next, do i need to do anything before the 7 days or will the case just carry on after the 3rd july. thanks

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The stay will just delay your case, have a look at what Querky did and ive now found Bankfodders thread too

 

http://www.consumeractiongroup.co.uk/forum/general/16950-stay-here-application-grounds.html?highlight=stay

 

The basic idea is to tell the judge you have been trying to settle this for months and DG wont reply to you so please remove the stay and just set a court date.

 

pete

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Flippin heck, do i need to write all of that!

What does the 'parties to file agreed directions order on conclusion of period allowed' mean?

 

I cant see me and DG agreeing to anything.

 

I'm not too fussed about waiting another couple of weeks if it saves me more letter writing and hassle, when i'm not convinced i know what i'm doing!

 

What do i do when the period allowed runs out, if i dont try to remove the stay.

 

Thanks for all your help so far.

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Well if your happy with the delay just write a few nudging letters to DG while your waiting, then when the stay period expires send a letter to the court with copies of your nudging letters saying along the lines of...

 

"here's proof of my efforts to talk to DG and get agreement in acordance with Judge XXXXXX's directions but they have not replyed to me or atempted to contact me in any way"

 

pete

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I've just read through querkeys, i think i'll go for the removal of stay, i did read a few had to pay is that right?

 

I'll get it sorted tonight and send in the morning, i've already sent nudges even offering to accept a £100 less than my pathetic £710.

All this hassle and they could have settled in the begining without interest at only £510, muppets.

 

They've had plenty of time to sort this out, i may email them later if i can find an email address to give them another nudge, just so i can put it in with my stay removal. thanks

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2) this order having beenmade by the court pursuant either to rule 3.3 or rule 23.8 of the civl procedures rules 1998, any party affected by this order has a right to apply to set aside, vary or stay it by application made not more than seven days after this order was served on the party making the application.

 

The judge has given you the option to apply to have it set aside so I dont think it will cost you, as for forms you might have to fill in the good old N244 but im not sure, best to phone the court and ask them.

 

pete

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i think its too late now anyway, after looking at the dates etc, its dated 13/06 even though i didnt get it till yesterday 18th so 7 days are up tommorow, that was helpfull of them. Anyway i'm not sure i've enough to send with the removal of stay, ie. nudge letters as i've only sent 1.

I've emailed them today, and got a letter to post tommorow to give them a few more nudges, so i can put this all in my case when i finally get a court date.

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