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Courts & Stays


Noddy73
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Court date 21st August, (Standard disclosure ordered,) deadline for disclosure

4pm today August 7th, post just arrived and nothing from DG.

I have complied with the order

As I have had no notification of case being stayed can i now apply for defence to be stuck out. if yes how... anyone please advise

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Marc - Noddy has sent me links to these two forms:

 

N227

http://www.hmcourts-service.gov.uk/news/forms/docs/n227_0406.pdf

 

N225

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

 

However, they seem to mainly deal with a defence / acknowledgment not being in on time rather than missed deadline for disclosure. I would try calling your court and see if they can advise whether you can strike out at this point, whether one of these forms is sufficient or whether there is another way of going about this. Keep us informed!

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HSBC Nightmares - Mines at Bromley too. I thought it was only me on this forum! If i support you on the 24th will you support me on 21st Sept??!! Think were quite lucky with our court - i rung them yesterday and she said no cases were being stayed.

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Hi Sarah,

 

Noddy73 also has a hearing at Bromley on August 24th so you're not alone and of course I'll support you in Sept! I'll update as and when I get any more information but at the moment, we're both sending in our court bundles this week as per court directions. DG should have sent theirs by Friday so we'll see what happens then. If we don't receive them then I think we're both planning to apply for default judgement (if possible).

 

Nightmares

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I'm in two minds about this. On the one hand, you get to do it while the boss is away. On the other, if anything changes by the 7th (such as the case being stayed), you'll have wasted lots of time and paper for nothing. I was concerned that by 'nudging' DG by sending the bundle too early, this might prompt them into asking for an individual stay but that could just be me being paranoid and neurotic at this stage!

Perhaps do it this week at work and then wait until nearer the 7th to actually send it?

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Noddy

 

I have a case that is being heard at Bromley on 24th August, the same as a number of other people I believe. Being the eternal pessimist, should the case actually be heard, and should the judge actually give judgment against us, would there be grounds for an appeal on the basis of the Test Case and, if so, is there anything that one could bring to the court on the 24th in readiness to cover against this, albeit unlikely) eventuality.?

 

Kind regards

H

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Sarah. Both I and HSBCNightmares have just finished our bundle. We have nearly all of the files that people use, so preparing most of it this week would be great idea. PM me if you need anything.

 

Also see mine thread Noddy73 vs HSBC and HSBCNightmares for our progress.

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Hopeless - what time is your hearing listed on the 24th? I'm taking an application for the removal of a stay - I'll try and find the link and post it up later (unless someone beats me to it). With regards to covering against being able to appeal, I'm not sure. I would have thought that the judge should grant a stay rather than judgement against us.

 

Sarah - Clever? That did make me laugh! I've had lots of help from Noddy and other sources to get my court bundle together. Sent it yesterday and then realised I had missed out a docoment (DG's defence no less!). Called the court and they have said if I post it with a covering letter then they'll add it to my file for me. Clever, no, but at least there are now 4 of us that I know of who all have their cases at Bromley so we're not alone

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Hi. Mr Hunkydory's case is due to be heard at Peterborough CC tomorrow. In today's post we received letter from DG stating they would ask for a stay - I take it we still turn up, ready to roll with a request for the application of a removal of the stay if the court has granted it?

 

Also, I know our bundle was served on DG almost 3 weeks ago but we haven't seen anything from them Not being ofay with county court, but don't they have to issue disclosure as to their defence (like you have to in the criminal courts)? If so...they haven't!

 

Any advise please??

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Hunky here is the link for the stay removal http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

I would also when you fill it out ask for a hearing....... thats in the top right hand box........ on your stay is their bold writing?? if so then you will not have to pay a fee.......

 

also include a list of every letter you sent DG/HSBC and there reply ( or lack of)...

 

am still trying to think of things to add myself

rockin all over the world

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