Got Court Date but on holiday

[lisabear1974]

I have a court hearing for 10 mins on the 26th September but I am on holiday. I did put in my court bundle at the end of July and I have not heard anything from Barclays bar a general letter stating that they would be applying for a stay. Do I need to be there? Should I be changing it to a date when I am back? it doesn't say anything on the letter about being there?

[slick132]

Hi LisaB,

 

I assume you didn't know of the holiday when you filed your AQ (which asks you for dates you can't attend).

 

If so, write to the Court and ask if the hearing can be postponed until after your return. In particular, mention that you do not want the case to be automatically Stayed (awaiting the outcome of the Test Case).

 

Also read here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 - particularly post #2.

 

If you do nothing, your case will very likely be Stayed in your absence.

 

Good luck, Slick

[lisabear1974]

I didn' receive an AQ?!

[lucy60]

I also got my court date for when i was due to go on holiday, i did nt do an AQ either, wrote to the court to request another date but unfortunately have had a letter today saying case is to be stayed until next year.

[slick132]

Okay, so you need to ask the Court to postpone your hearing until after you return but ask, specifically, that your case is not Stayed in your absence as you want the chance to put across your reasons for the case continuing.

 

It would help if you also posted here a brief summary of your case history to date, ie started via MCOL or filed direct to Court.

 

Also, you've submitted your Bundle - was this in response to Court Directions and were Barclays supposed to do so as well.

 

Slick