Bromley County Court 24-Aug-07 Hearing

[skyeann]

Hi I Am Doing My N244 Does Anyone Know What Evidence Of Part C In Support Of My Application Is I Have Got A Hour To Go Please Help

[freakyleaky]

Good luck for today!

[Noddy73]

got Stayed. Report To Follow.

[Noddy73]

Right. I have had a few drinks and feel I can write a report.

 

Turned up at 9:30 for a 10:00 hearing and was laughing at the number of bank charge cases up for this morning. Must have been around 30.

 

HSBC Guy came up and told us he would be applying for a stay.

 

Wait until 11:20 for case.

 

Judge informed us of the OFT case. Already got the impression this was going to be stayed as the six previous cases got stayed.

 

We requested "defense struck out". No because of OFT case.

 

Asked whether HSBC had file a Application Notice for Stay. Told they did not need to.

 

Asked why they did not file documents and argued that a company of this size with a potential loss of hundred of million must have developed a defense and why was this not submitted. Told they did not need to do so.

 

Asked why they did not bother to enter into dialogue so that this did not waste the courts time (this hearing). Told they did not need to do so.

 

Asked for cost because of HSBC behaviour - not replying to letter or calls, could have filed Stay weeks ago, etc. No.

 

One positive things was he did not award an indefinitive stay. Case stayed until 31 March 2008.

 

 

Summary

It seemed quite clear to me that the Judge had already made up this mind or had his hands tied by OFT case. So a waste of the court time, Judge time, HSBC time and our time. Personally it would have been better for all parties if the Judge had stayed the case a week ago.

 

But I have no regret and feeling positive. Have decided to log my new claims with the banks and await court case in Jan 08.

[Bookworm]

Wow.

 

Based on the above, do you think that the judge was totally impartial?

 

Sorry, bad joke, couldn't help it under circumstances. Very sorry it went that way, but at the end of the day, if the judge had already made up his mind, there is nothing you could have said or done that could have changed it. I think that especially in your case with the failure to comply with court order, it was a damn poor decision, but there you go.

 

I do wonder what will happen if claimants don't turn up, would the judge be as quick to strike their case out if asked by the other side, or would they just stay it regardless? Just speculation at this point, obviously...

[Noddy73]

Judges argument was because of the OFT Case, if he did anything but stay the case, HSBC would appeal. Therefore better in the interest of our time and court time to stay pending OFT.

 

Some you win, some you lose. I see his point of view and he did allow us to argue our points. So a "good" judge.

 

The funniest moment was when we thanked the Judge and thanked HSBC Barrister. The look on the HSBC Barrister face was a picture.

 

I think my offer from HSBC is still open and will therefore take it (charges but no interest or costs).

 

But will be back fighting Egg, Halifax and Nationwide soon. Watch this space.

 

Won 1

Drawn 1

3 more games to play.

[jansus]

I just want to say to you well done for gong in to the court and doing your best - and thanks for your useful post - it helps prepare others for what they may be up against - i was due to go in and argue against the stay on tuesday - but today have settled - and even that conversation with the Solicitors was daunting - it is so easy to be tongue tied or loose your rag - when it is imperitive to remain cool and collected. With the A&L it was a case I think of who blinks first.

 

I am sad in some ways that I did not get my day in court as I dont see why they should use this tactic of delays and intimidation against customers most of who will be really frightened of going to court.

 

Well done you and I hope your offer is still valid. Keep up the fight.

 

Jansus

[skyeann]

hi noddy 73 my case same as yours i saw the hsbc he man thought he was it, i had the abbey lady, was yours in court 4?. basically mine was the same as yours my husband said we will just have to wait and see what happens next year. we just wished the judge had got us alltogether and stated there was going to be a stay waste of time. oh well i am going to have a good drink tonight all the stress has been lifted.

 

many thanks to you all for your help.

[Noddy73]

Mine was Court 4. I understand peoples frustation because it is a postcode lottery. Some stay, some win. I did laugh about Sh(abbey) as about 50% of the cases were theres.

[Noddy73]

Forgot to mention. Judge did say he understands the frustation and we had put a lot of work into our case.

[Adara]

Snap, I had same thing yesterday. HSBC didn't even turn up - bet your life if I had stayed at home the Judge would be striking me out! He didn't care HSBC had not submitted a bundle as he said they can use their original defense. When I pointed out they were not even here he told me the 2 cases the banks have won they were not at court for the hearing! I think this is down to luck of the draw with your Judge. I left court thinking he was a HSBC shareholder! Enjoy that drink!

[HSBCNightmares]

Stayed Until March 31st 08. Noddy, I think I spotted you but not sure - I was the first HSBC and was in there for quite a while arguing my case. It sounds exactly the same as yours - the judge had already made his mind up and there was nothing I could do to persuade him to either grant judgement by default (apparently it doesn't matter if the defendant doesn't comply with court orders) or to stop the stay. Complete waste of time.

[HSBCNightmares]

Skyeann - the Abbey Barrister was on the phone to her boss at 10am because there were 10 Abbey cases and she was only down to defend 8 so there were 2 cases missing! She was sitting opposite me in the waiting area and was trying to read the paperwork of the guy sitting next to her whilst he was making notes in his bundle and perparing himself. If she had done that to me there would have been words!

[skyeann]

i was there when the the abbey lady when in on the two that were not there. what really annoyed us was when they came out and laughed as if to say we got another one the hsbc man was really getting on my nervous

[HSBCNightmares]

The HSBC barrister wasn't too bad really (apart from the very bad tartan tie!) - it was more the Judge who appeared to have decided to stay the cases irrelevent of the individual circumstances or the defendant's utter inability to comply with the Judge's own order.

[Noddy73]

HSBCNightmares. Did the HSBC Barrister say anything in your trial. He did not say a word, so guess the Judge had either heard it all before or told him previously to be quiet.

[HSBCNightmares]

The judge asked him for the letter saying the were going to apply for a stay as the court didn't receive it. He fumbled around for a while and I thought my luck was in, but alas, he found it. He aslo asked for the Judge to grant a draft order (probably for a longer stay) but the judge said no way. Barrister said he understood the judge's refusal and that he was simply presenting it as per his instructions. That was about it really - he spent the whole time furiously scribbling notes.

[Audreygreeneyes]

ok am I missing something here..............did they just send a letter in saying they were going to request a stay????.. cos there is another thread here somewhere that the court was going ahead with hearings as a letter stating intent isnot the same as filling a official request!!!!

[Noddy73]

They sent in a letter. I did ask where is the Application Notice and fee. Got told by the Judge that was not needed. Stay granted.

 

I understand the Judge reasons. If he continued they would appeal and would waste of everyones time. But Judges need to apply CPR first and then common sense. The rules are the rules and must be adhere to by both parties.

[Noddy73]

I did realise very quickly that I was "peeing into the wind". I have an offer of all charges, no court fee and no interest. So going to take it.

 

Some you win, some you draw and some you lose.

[Audreygreeneyes]

well if that is indeed the case then and they are accepting letters from DG and granting stays, then they have to accept letters from claimants when court order deadlines are missed. other wise it seems weighted in favour of 1 party!!!!!!!!!!!1111111

[Noddy73]

In my case I did send in a letter requesting a hearing if stay was requested. So they did "ise". But I hear you and agree with you.

[lateralus]

noddy, you have been a rock - and very helpful to a lot of people.

we all have to draw a line in the sand and you've drawn yours.

i hope you'll be staying around to help others as the number of those who understand this latest phase are few and far between -

i've been relegated to the cheering section with this last big wave but you are running right down the middle of the pitch - so - keep posting!

i think a weight will be lifted when you get this one off your plate - it will give you more umph for the other battles you have to fight!

[Audreygreeneyes]

ok so it is into the next phase then Noddy......regroup and form another line of attack:):) there defences are creaking...........lol