What to do in court?

[rmelody123]

Hello

 

I'm in court a week on Monday ... gulp!

 

After all the fab advice from this site, I sent off my court bundle and have been informed that my local court is going ahead with all cases... great news!

However, I'm looking for some advice on what to do when at court.. bearing in mind there will be little old me against DG solicitors (they've told me last week they will be representing in court).

 

Anyone out there who can give me some advice?

 

Thanks

Becs:???: :???:

[Castlebest]

This is a good thread to read

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/94703-hdr-hsbc.html

 

I think you will find they will ask the judge for a stay so be prepared to argue against it

 

pete

[rmelody123]

Thanks Pete, All very helpful.

 

Surely though, if the court grants a stay on the day of the hearing, why wouldnt they do that before hand and save us all arriving at court?

 

In court Monday 10th September at 15.00pm - I'll keep you posted on progress.

 

Thanks

Becs:-|

[freakyleaky]

Good luck mel! Have a read of the stay info threads in my sig.

[Audreygreeneyes]

Hi melody did DG submit their court bundle to you and the court on time ro at all? if not then that is the 1st part of your arguement for having their request for a stay rejected............

 

it is possible they are learning that where they apply for it before hand we are notified and have the opportuntiy to request a hearing to have it set aside. this I think is causing them serious problems ( so keep up the good work ) now they ae apply for ti at the hearing and in some cases being granted it, adn some it is being passed higher up the chain for a senior judge to decide dependingon the arguement.......

 

as Pete says be prepared for that. have your arguements ready. adn good luck..........if oyu are apprehensive about going on your own if oyu dont have a freiend where you live some on this site have gone withothers as court buddies......... if you need one its something to think about...

[freakyleaky]

'Buddy' System

[Castlebest]

Have a look at post 197 on this thread, I belive this is a very powerful argument against staying a claim even if your not in personal hardship at the moment.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

pete

[Audreygreeneyes]

Pete do you think it owuld be worth my while trying that in my hearing in Oct?

[Castlebest]

Yes, it chrystalises the inequality of our situation with the banks.

 

While these stays are in place. Our actions have been bound we can do nothing but the banks can carry on charging, issuing defaults against us and even issuing court proceedings for recovery of debt.

 

They have to be stopped

 

pete

[Audreygreeneyes]

ok thanks for that Pete............. am also going to use the Judge whats his face of the other day that banned barclays:)) if they cna ban one they can ban them all............. and maybe if we all ask for that and get it....

 

erm the banks might just shift their arses.......;:) (washes mouth out with carbolic)

[Castlebest]

Age... I think I used very similar words to Freaky

 

The Luton case proves the Judges can stop the banks while the stays are in place and if a few of us get that order from the courts I think the banks will start to realy have to use their £25 a default.... they will have to check every single charge to make sure they arnt breaching a court order

 

pete

[Audreygreeneyes]

Yes am with you there Pete, I said on another thread yesterday we have to become pro-active......

 

what we need is all those who have still got a court case and not had it stayed....as DG seem to be now turning up and asking for a stay at that hearing instead of apply for them, well in some cases .......we need those members to have this arguement with them.. and when they ask for the stay.. they have it ready and ask that any further charges if there are any be stoped until the out come of the "OFT Test Case" and quote Judge whats his face having already done this...

 

hahaha can you imagine the amount of work that would involve. but then if the charges are suspended they wont have anything to check will the?

[rmelody123]

Thanks guys for the info.

 

Answer to your question (audreygreeneyes).. no Ive not recived a court bundle from DG. The hearing is a week on Monday should they have sent me this by now?

 

After speaking to DG the other day, they advised that they would be represnting on the day and would probably apply for a stay. Anyway I asked if they would consider an offer to which he got a bit shirty and said that his client had advised that they would not consider any offers!

 

All sounded abit like ... you've got no-chance girl

 

My hubby's coming along with me ... many thanks for the advice on court buddies though ... brilliant idea

 

Just about to go through the threads you've posted - thanks again.

 

Feeling more confident with all this amo!

 

Becs;)

[lateralus]

also, my take on this is that dg will ask for a stay - and it's pretty much based on the waiver given by the oft saying basically all cases should be stayed until the outcome of the oft - but there are excemptions to that waiver - in the oft announcement on their website - there is a q and a section - and this is the link and what is said there -

 

 

Questions and answers for OFT test case announcement 26 July 2007

 

12. What happens to those wanting to, or in the process of reclaiming charges while the case is going on?

It will be for the courts to decide in relation to claims made to them.

 

 

look at that discussion thread (it's for several cases where a judgment has been granted to the claimant and then dg goes in for a stay which is just plain silly - but that's them!) there are some ideas there on what to take -

but in your case - you take your copy of the bundle and the letter arguing why a stay should not be granted if that's their ploy. in that letter - i'd include what i've told vin on that discussion thread

discussion thread - Judgment granted then DG tries it on....(3 Viewing) [/url] ( 1 2 3 4) page 3. make part of the letter a list of claims which hsbc have settled since the oft announcement (which proves that they are still dealing), and that little list of everything you have done right from the first letter, date, what it was and their response (No Response)

very concise -

xx/xx/xx wrote to hsbc requesting repayment of charges no response

xx/xx/xx wrote lba to hsbc....

xx/xx/xx filed claim with courts....

xx/xx/xx eventually make sure it includes everything you've done and their response - usually nothing at all. this shows they have no intention of doing anything until the court tells them -

last item should be submitting court bundles (by the way that original letter you got telling you a court date will tell you whether or not they should have submitted a bundle and by when) and a big fat no response to you sending them your court bundle (just reread those directions on that court letter to make sure you've done as it said and what they were supposed to do and by when so you know).

would love to know which court simply because it#s good they are going ahead with hearings.

take some more help from this thread - Guidance Notes

several good ones - especially this one:GOT A COURT DATE? A guide to the later stages

 

for sure let us know how you get on and get back if you need more support

[rmelody123]

This is great, although I do feel my whole life is now being taken over with this damn thing! and that there is soooo much to remember.

 

However, without this site it would be a whole lot worse eh? The supports been great!

 

The court I'm at is in Scun.thorpe, Ive looked a the original letter and court bundles needed to be in 14 days before - so they've failed to do that... but reading other peoples threads the banks are doing this quite regularly now and fobbing everyone off with the OFT test case ... I'll keep you posted on progress.. thanks

 

Becs

[freakyleaky]

The fact that dg have not complied with the courts directions in failing to supply their bundle is another strong argument against a stay being imposed on your case!

Keep us posted!

[Castlebest]

my favorite court.... S****horp !!! (sorry I couldnt resist)

 

pete

[freakyleaky]

I wonder if I can still do it just for the hell of it or will I get the sack?

S****horpe!

Make me laff every time!

[Castlebest]

Freaky I think the powers that be know what we are like here

 

pete

[freakyleaky]

Yes I think so!

S****horpe!

S****horpe!

S****horpe!

S****horpe!

[lateralus]

i still can't believe it took me so long to figure out why it does that -

i'm so nice!

[Audreygreeneyes]

you 2 are wicked !!!! tisk tisk tisk...........

[freakyleaky]

i still can't believe it took me so long to figure out why it does that -

I'm so nice!

I think it is because it is a predominantly British expression. Americans have a far nicer way of being vulgar!

[lateralus]

well, yes, that is like the naughtiest of the naughty in the u.s. - and as such really is never used by sweet little old ladies like me - i prefer - can i say it.....

S-H-I-T- drawn out and a touch of southern drawl - my sons laugh at me when i say it.

[freakyleaky]

You can't say that on here:eek: LOL:D S****horpe!

 

So when you say it does it sound like the word sheet but takes you 5 seconds to actually say it!