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Courts & Stays


Noddy73
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Were DG requested to file documents? Did they? If they did not fax over a N224 or N227 (Judgment by Default) to the court NOW and have a copy ready for your hearing.

 

Ask the judge to rule on this first and then the stay. If Judge declines the Judgement by Default explain to him / her you only received the Stay Letter today and therefore request if he / she is going to consider it or grant it, can he postpone the hearing so you can get your removal of stay document together as one day notice is too short. Ask him / her to arrange another hearing so both side can present a case regarding the "stay".

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And do not forget to mention the "abuse of process". DG could have easily file documents and or stay by the due date and did not. They are not playing fair and abusing the court process. Personally if you can get the judge to defer the stay to another date you / we have more time to come up with a better "case" to stop the stay.

 

Suggest we move this discussion to your thread or start a new one.

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You can send a private message to noddy. Just click here Send a private message to Noddy73

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or click on the link above in post number 58! LOL

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Welcome to the Consumer Forums

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Which guide to the Sale Of Goods Act

 

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Noddy they were aske don thte 15th may that at the pre lim hearing the court would consider either ;

a... to stay the claim pending the decision in a test case involving the defendant or

b to give directions for htis case to be heard as a test case, and if necessary to relllocate the claim to the multi track for that purpose..

Not less than 14 days before the pre lim hearing the defendant shall file with the court and serve onthe claimant details in which will determine the issues in this claim. Alternatively , the Defendant shall file with the court and serve upon the cclaimant draft directions for this case to proceed as a test case.

 

that date was the 24th july. they did nto file with the court nor did they serve on me........ I drew this to the judges attention in my letter ( 20 page folder) of representations and asked that it be struck , also pointe dout the "abuse of process".....

 

I was given a stay yesterday, if it had nto been for me calling in at the court , it might have arrived this am in the post or when I phoned the court this am would have found out then..

 

the judge still gave a stay.

rockin all over the world

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skyeann vbmenu_register("postmenu_1062471", true); & Sarah Frost vbmenu_register("postmenu_1062526", true);

 

Lets move this discussion to a new thread I started called Bromley 24 August 2007 Hearing.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/109428-bromley-county-court-24-a.html#post1062579

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My case was stayed this morning in Liverpool. I am now applying for a removasl of the stay. My judge did not seem overly sympathetic, just said I shgould wait for the OFT test case.

who was your judge

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