What to do in court?

[lateralus]

sort of - more like ship - but the emphasis is on the i with a little bit of a y after it before the t -

peeps will think this is truly odd on here, i'm sure, lol

[freakyleaky]

sort of - more like ship - but the emphasis is on the i with a little bit of a y after it before the t -

peeps will think this is truly odd on here, i'm sure, lol

So whats new there then? LOL:D

I personally think it is very educational and doesn't half make the day go quicker!

[rmelody123]

Well guys.. as we thought, had the hearing in Scun.thorpe today. Went like this...

Arrived at court, DG solicitor asked to see me in a room, she asked if I had recieved their letter, that they will be applying for a stay today, I said yes. She told me that the judge will probably grant a stay and went on to tell me about the OFT test case blah blah .. I asked where the court bundle was from HSBC as I had not recieved it, she responded with we haven't recieved one from you. I showed her the recorded delivery note and said yes you have recieved one.

I said that I would be appealing, at which she started to tell me again that it would be pointless as the judge would grant a stay.

This is where it got a bit heated ... I said that I had come this far and wanted to hear that from the judge ... she started to repeat herself and then I said "look is this going anywhere?" and left the room.

Think it was all a bit of muscle flexing, but as a manager looking after 30 people a day ... muscle flexing and confrontation is what I do best :-D

Is was kinda nice to see her flustered - I know its her job but the gloves are off and besides.. she started it!

In the court room (which was not intimadating at all) just all parties sat round a table. The judge asked DG what their intentions were, to which she produced a document of the stay. The judge said that the test case in January 2008 may not be a resolution to my or any particular case and may go on for a couple of years. DG responded that they intend to pay out if the case goes in favour of the defendant (hmm.. we'll see).

The judge asked if I would be objecting, I said yes and produced a document with my aguement, he asked if I could verbally tell him. I said that I had not recieved the defence from DG, the judge said it is briefly in the original defence letter but no they should have sent one, DG began to mutter and flap through a few bits of paper but the judge saved her from embarrasment and went on to say did I have any other objections. I said that it was an infringment of my human rights as the case should be considered fairly and within reasonable time frame and that the test case may not relate to my claim and felt that my case should be heard on its own merits today.

He sympathied that that the case would take time but advised that he could not make a decision today and that the case could be defered to another day where DG could submit their defence, but even if the outcome was that I won the likliehood is that DG would appeal until the test case be heard in the high court:mad:

He then proceeded to read from a letter that the hearing be stayed until the test case.. so he'd made his mind up before I walked in the door!!

My hubby who was with me said that it was a waste off time .. to which i told him "no not at all, how much money has that just cost HSBC to represent them in court?? It was definitely worth it".

Is there a next step - or wait till the test case?

Bec

[Castlebest]

Well done Bec !!!

 

pete

[freakyleaky]

Good account of your day bec. Pity the judge didn't throw it out for dg not complying with his directions. I bet if you had not complied it would have been a different story.

Have all the judges had their hands tied in these cases?

[Castlebest]

I think this has a lot to do with the situation we are in at the moment

 

 

He sympathized that that the case would take time but advised that he could not make a decision today and that the case could be deferred to another day where DG could submit their defense, but even if the outcome was that I won the likelihood is that DG would appeal until the test case be heard in the high court

 

 

pete

[freakyleaky]

Yes but if each case is taken on it's own merits then surely they should allow the case and deal with an appeal for a set aside at a different hearing!

Sorry just mad as hell at the apparent control the banks seem to have over the courts!

I need a beer!

[Castlebest]

From a Judge's point of view the banks have virtually limitless funds to appeal cases no matter how ludicrous this is, individual claimants are mad as hell and will carry on because the costs will be added to their claims. The only thing that isn't limitless is court time

 

pete

[freakyleaky]

The only thing that isn't limitless is court time

 

pete

 

I think the golf clubs must have complained about the lack of attendance!

 

Or am I just being cynical!!!

[johnnymitch]

I loved the way you stood your ground with DGs solicitor, Bec - good for you!

 

Freaky, what do we have to do to get judges to apply the law evenhandedly - if Bec had turned up without a bundle it would probably have been struck out - I'm getting as mad as you -pass the beers!

[johnnymitch]

I think the golf clubs must have complained about the lack of attendance

 

I think there were a couple of judicial(golf?) balls missing too