Court case , please help

[bethcharlie]

Recently i was given judgemment by default against the HSBC in my court case . They did not put their questionaire in on time and were struck out .

They have now applied for this judgement to be set asideand applying for an order of stay until after the case with the OFT is decided .

I was sent a letter from my local County Court saying there will be a hearing for this on Sept 14 2007 .

Can anyone please give me advice on what i should do .

do i have to say anything in court or can i appeal against this ,

 

Someone please help

[bethcharlie]

Recently i was awarded judgement by default against the HSBC Bank . They did not put their questionaire in on time and were struck out .

They have now applied to the court for this judgement to be set aside and for an order of stay .

I got a letter from my local county court stating that a hearing for this will be on 14 september .

Could anyone please give me any advice on what to do now or what to say in court about this or can i appeal against this .

 

Please help

[jezzyjet]

hi there,just my opinion but i recon the judge might just tell them or if not you INSIST that ,,A judgment was made and they had the oppertunity to defend themselves previously and chose not to so why just as certain matters ie oft case has came to light should the judgement be overturned and further wasting the time of the court,,like i said just my opinion but get as many opinions as you can, but dont worry you will get there in the end!! jezzy

[**Tilly**]

hi have a look at these links

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

~~## Stays info and guidance ##~~

if you have any questions just shout someone will come along good luck

[livelylad]

what are the dates, how long is it since you were awarded judgement until them now applying for a set aside.

[bethcharlie]

hi there,just my opinion but i recon the judge might just tell them or if not you INSIST that ,,A judgment was made and they had the oppertunity to defend themselves previously and chose not to so why just as certain matters ie oft case has came to light should the judgement be overturned and further wasting the time of the court,,like i said just my opinion but get as many opinions as you can, but dont worry you will get there in the end!! jezzy

 

 

Thanks

[lateralus]

beth - livelylad can help you with this - can you supply him that info asap

[bethcharlie]

Hi ,

 

I was awarded judgement by default on 30th July , i received a letter from the court on 8th august telling me that a hearing for the judgement to be set aside will be held on 14th september .

[bethcharlie]

hi have a look at these links

 

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

~~## Stays info and guidance ##~~

 

if you have any questions just shout someone will come along good luck

 

 

Thanks for this , this is really helpful .

[bethcharlie]

Any news Lateralus , cheers

[lateralus]

just hang on - lively will be back to look

[livelylad]

Ok , well courts dont usually like to award judgement by default as its not resolution to the actual arguement (hope that makes sense) I asked for the date to assertain if the bank had waited an unreasonable time before asking for the set aside. What you need to do now is provide the court with the letter from link above regarding the stay, also include a list of all the claims that the bank has settled both prior and after the OFT case. This can be found in the litigation forum.

[bethcharlie]

Hi , i am posting this thread again in the hope for more help .

 

I recently won my court case against HSBC bank . I was given judgement by default on 25th July 2007 , the bank did not return their questionaire on time and were struck out .

I then returned the claims form to the court on the 26th July stating that i wanted the money paying to me immediately and then on the 30th July received a copy from the courts stating that the bank must pay the claimant forthwith .

I received nothing from the bank and they applied for the judgement to be set aside and for an order of stay on the case .

I then received a letter from the courts dated 7th August that the defendents hearing for appliction for a Set Aside The Judgement will be heard on September 14th .

Could anyone please give me some good advice on what i should do now , any info would be gratefully appreciated .

[livelylad]

Basically you are going to have to convince the court that HSBC's actions are unreasonable. Most courts would rather see a case resolved than award judgement by default. As I stated in my post above you need to provide the court with a list of all the claims that they have settled so far. I would also read through the success threads to see if they have applied for set asides and then subsequently settled the case.

Can you post what the order says please.

[bethcharlie]

hi livelylad ,

 

Thanks for your reply . The order says ;

 

To the defendant ;

You have not replied to the claim form . It is therefore ordered that you must pay the claimant £4407.08 for debt and interest and £120 for costs .

You must pay the claimant forthwith .

 

Also i received a letter from the banks solicitors saying that they had applied for it to be set aside because of an administration error over the dates to reply . In other words they forgot to get it in on time .

On the courts own website it cleary states that you can only appeal against a judgement by default if you have a very good reason . ie ;

You did not receive the papers ;

You were out of the country etc ; Not that it was an administrative error . Do you think this might go in my favour .

Also should i write a letter to the court before the case opposing it .

The judgement was also made before the OFT test case was made public and there solicitors are now using this as a reason for it to be set aside .

 

Thanks