Stay Objections Statement From Cag

[welshcakes]

Hope Gary H (Mod) won't mind this copy and paste of his recent post - thought it could do with a thread of it's own just to make sure all you lovely claimants out there don't miss it....

 

"Here's a suggested stay objections statement, which you should submit along with your case management representations. If you are attending then those are the points you'll need to argue.

 

http://www.consumeractiongroup.c o....ml#post1046820"

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[AnitaCG]

So what do you do with that in court? Read it all out or would i just have to hand a copy to the judge?

[welshcakes]

Hi Anita

 

You would need to present it verbally but only briefly outlining the main points before offering a copy to the judge (and passing another across the the Defendant).

 

You could say something along lines of you object to the proposed order of a stay for several reasons which you feel have merit, namely on the grounds of

 

*Infringment of your rights under the European Convention on Human Rights;

* The Overriding Objective which requires that your case is dealt with expeditiously and fairly and in a way that is proportionate to the amount of money involved;

* Balance of convenience and;

* that the stay does not maintain the status quo.

 

Let the judge read through it then - he will appreciate that you do not hold legal qualifications and cannot be expected to expand on what is written in the Application you hand him.

[AnitaCG]

Thanks for that, I'll try that on Friday

[raz76]

Thanks very much!

 

I've had my preliminary hearing for directions and am now preparing a court bundle for the 10th - would there be any value in sending this to the court now in case Barclays are busy applying for a stay as we speak?

[dar£n]

you cant really apply for a stay to be set aside or lifted until it has been applied.

you are arguing hyperthetically, that doesnt work in courts.

you will have to wait and see IF they request the stay and THEN request it.