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Courts & Stays


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hi i know i am probably being thick but what is the judgement by default and is it worth me having ago

and i agree with sarah frost it is driving me mad especially when you dont have a clue what you are doing

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Sarah, yours is good news, don't panic! Sounds like the court is on your side so you should be able to prepare for your hearing as normal.

 

If your bank tells you in the meantime that they are going to ask to stay (aka freeze) your claim till test case result, say that you don't agree and will see them at hearing.

 

It's likely from experiences of the last few days and weeks here that they will not prepare for a hearing of your cliam as will simply assume they will get the stay.

 

Therefore the judge can decide that as they have not have produced any evidence and not sent anybody to the hearing, they had no intention of defending your claim at trial. If he thinks so, he has the power to strike their defence out, which means there is no defence to your claim, which means you then get judgment by default (or 'in default of them doing anything')

 

fingers crossed!

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Sky it is when DG/HSBC fail to submit what ever the court has ordered them to serve on you adn the court by what ever date. it shoudl be on your letter from the court that gave yout he date and time of the hearing............

 

if they have faile dot serve then you try the strike the defence out as abuse of process.......:):):)

rockin all over the world

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however sSarah do not bank ont he judge doing that. as I applied to have their defence struck out and it wasnt put before the judge.. they were allowed ot apply and were granted a stay. however I applied ot have a hearing ot have it set aside adn that has been granted.................... so it is worth getting your N244 and letter to the judge all ready prepared just in case it is required...........

rockin all over the world

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I also called Bromley today and was told they had only just received my letter (posted 1st class on Monday) asking for judgement by default and that HSBC hadn't applied for a stay. My letter will be passed to the judge and I was told it would be about 2 weeks before I heard anything. I pointed out that the hearing is a week tomorrow so hopefully the judge will see it by then! However, the lady I spoke to said that the Judge can, indeed, grant judgement in my favour for non compliance on behalf of the bank.

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I have received a letter from DG Solicitors yesterday.

 

"Since you have filed your claim in Court HSBC (along with a numbe rof other banks) has become involved inlegal proceedings...blah blah).

 

"We will be applying to the Court for an order to stay your action until resolution of the banks proceedings with the OFT"...

 

"Given the Court case our client has also asked the Financial Ombudsman Service not to proceed with any other case they are hearing until the test case is resolved".

 

"Our client asked the FSA to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights".

 

"We will keep you updated, blah blah..."

 

HELP - What do I do....

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Sky also put a covering letter with your N244......

 

nyc here is the link for the stays info

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

Did you or do you have an actual court date? on your lettering informing oyu of it, what are the courts instructions to you and the defendant....... ie...... the defendant must serve on the claimant and hte court not less thatn what ever before what ever date?

 

this is important, because if they fail to, then you can ask fo rthe judgement to be struck out under 3.4(2)(b) Abuse of process.......

 

when we know the answer to those we can help you further....... but look at the stay thread......

 

I applied for mine and aske dfor a hearing on the 9th august, it came in today for the 10 oct.......

rockin all over the world

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hi

 

yes my court date is the 24th august i have sent court bundle have not received anything from bank nor has courts spoke to bromley the bundle is with judge ask if there has been a stay lady said ring in a few days. phoned bank three times on the number on letter had to leave message on voicemail keep hoping they may send offer

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even after speaking to liverpool court who told us all to appear , we did and they stayed all cases pending oft case.... removal of stays paperwork on way to court.... do we have a good template

Only direct action by the masses will work....

 

Look at all successes they have never come from negotiation!!!

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Auburn Green Eyes - I cant rememebr when now but it was near the end of July when I received my the letter from the Court giving me a Court date of August 28th. I was also instructed to submit any documents by August 2nd (my court bundle) to the court and DG Solicitors - which I did.

 

I havent heard anything from DG Solicitors until now indicating that they will apply for a stay. I called Wandsworth and they seemed to say that HSBC can certainly apply for a stay, but there would be hearing about that.

 

Think I can still strike HSBC for "abuse of process" - ?

 

Robert

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Robert you need to phoen the court or find the letter with the date that DG/HSBC had to submit........you cannot ask for a jusgement by defult until you are sure they have faile dot comply............

 

look at this thread

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

nad here is the letter I sent in

 

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

and on manic blondes post number 105 I think give me 5 and i will get it for you.........

rockin all over the world

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7th August 2007, 10:12 #90 (permalink) manicblonde vbmenu_register("postmenu_1062006", true);

Basic Account Customer

 

avatar152509_1.gif

 

Join Date: Apr 2007

Location: South Wales

Posts: 113

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icon1.gif 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.

 

 

 

I am not sure if this is appropriate and would liek a little advice if poss before I send it!

rockin all over the world

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play about with those to suit.................. you must ask for a hearing in box 1 top right.................. and in box 3 you are putting the defendant breached rule 3.4(2)(b) of the Civil Procedure Rules and the Human Rights Act Article 6 of the convention......... I also threw in my record of contact with them.................

 

in part 4 you tick the bock evidence in Part C

 

on the back of the form in part C write

please find attached copy of and list what you are enclosing........

 

I handed a letter into the court on the 26.07 requesting their defence be struck and judgement awarded to me, it was never seen by a judge.... neither was my representations.......

 

onyl friggin thing he looked at was their stay request...............

 

anything else jsut shout........

rockin all over the world

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