Hearing to remove stay

[Audreygreeneyes]

that way DG will be able to actually check how accurate your info is:):)

[Penfold92]

that way DG will be able to actually check how accurate your info is:):)

 

 

I thought of that, but will it not give them time and ammo to defend when I see the Judge? Thought I could hold back that info? I think we need to go for a new ploy here and attack DG too with letters threatening them with evidence etc...You never know and also it takes their time up and forces them to send barristers/ lawyers to the hearings to waste their money!!!! Also every court fee is refundable is it not as long as the test case goes our way?

 

Just depressing the way Judges are looking on this at the moment...

 

Penfold

[Castlebest]

I think at this stage we still need to try as many ways as possible to get around this wall.... and we get a success we need to try to duplicate it.

 

pete

[Penfold92]

Guys,

 

I will also be giving the Judge a copy of: FSA: HSBC Bank UK

 

Which states pretty clearly we will not be settling now...

 

This will be fun if nothing else...

[freakyleaky]

I think you should give the Judge as much relevant information as posible. And make it easy for him to read. Highlight any points that are most relevant so he/she can read it at a glance!

[Penfold92]

I think you should give the Judge as much relevant information as posible. And make it easy for him to read. Highlight any points that are most relevant so he/she can read it at a glance!

 

 

Absolutely Freaky,

 

I think the ball game has changed and we too need to rethink the strategy.

 

Information to the Judge, before a hearing I feel is the way forward now and put the emphasis on them not to cop out of making the right decision...

 

Penfold

[freakyleaky]

Apparently when dg send stuff to the court late (allways) the mark it "for urgent attention of the court manager"! Me thinks we should all do this to try and level the playingfield!

[Audreygreeneyes]

penfold i have the full "waiver" file if oyu want that as well:):)

 

penfold dont forget the 94 cases settled since the oft announcement.......

[Rtech]

Penfold,

I was in Leeds mercantile court,on the 29th Aug,and one portion of your 'objections'was in fact used by the Judge as a reason to apply the stay.You say in the 'equal footing' part of the CPR,that basically you could not afford to fight 'heavyweight lawyers'.The Judge commented on that and said ,'BUT the OFT can and they represent the consumer',so therefore it tends towards supporting the stay.

Just thought you should know

[freakyleaky]

Interesting view of things by that judge!

Ok so if the judge is seeing that the claimants have little money to spare, he/she should take on board the point that the banks should not be able to continue to apply cahrges in the meantime if he allows the stay!

The more judges that agree to this the better. It will force the banks into getting it sorted sooner rather than dragging it out.

Unfortunately I have only seen one judge do this so far but I think it is the route to go if the stays are allowed to stand!

[Penfold92]

Penfold,

I was in Leeds mercantile court,on the 29th Aug,and one portion of your 'objections'was in fact used by the Judge as a reason to apply the stay.You say in the 'equal footing' part of the CPR,that basically you could not afford to fight 'heavyweight lawyers'.The Judge commented on that and said ,'BUT the OFT can and they represent the consumer',so therefore it tends towards supporting the stay.

Just thought you should know

 

They have not met my arguing skills yet...LOL Anyway thanks for that and I will read your posts to see what happened. I would say that the County Courts lucky do not set a precedence and so I doubt my Judge or DG will be too aware of those points. I will argue it out in a slightly different way I hope...

 

Penfold

[Rtech]

What he also did say,was that the banks could not carry out any 'enforcement'action on accounts comprising mainly disputed charges,otherwise the stay would immediately be removed,as it would if the banks appeal his order.

[Penfold92]

Did he or anyone bring up the number of successfully defended cases by HSBC? Or perhaps the total amount of money their clients have paid out so far? Link these together and may a case starts to appear...

[Penfold92]

Ok got my court hearing details through, but am confused here…

Notice of hearing

TAKE NOTICE that the application Hearing will take place by telephone

XX XX 2007 at XX:XXPM

At Luton County Court, address……..

20 MINUTES has been allowed for the Hearing

Sorry what does this mean? The Defendant’s Legal Representative is ordered to arrange the telephone hearing.

Does this mean we all speak on the phone or I am with the Judge and the Defence is on the phone? This is not what is wanted at all…

Advice please…

Penfold

[Castlebest]

Well thats an interesting move...

 

Telephone hearings are relativly new, its basicaly a conference call between the Judge, you the claimant, and the defendant HSBC/DG. It does say at Luton CC so I think you need to phone the court to see exactly what the judge wants.

 

DG normaly are ordered to set them up but ive only seen 2 or 3 of these directions, and all before the test case was announced Johnnymitch had a telephone hearing listed for his claim but they settled as they always did. will ask him to have a look at your thread to see if he can add anymore .

 

will be interesting to see how DG react to this

 

pete

[johnnymitch]

Yes I had two of these telephone hearings ordered , one for HSBC and one for Barclays. They were ordered to set these up and apparently it's dedicated connections for a set amount of time etc. and it's costly.

 

As you say pete, both chickened out and coughed up - but I don't know how they'll play this one now. Might it be worth an old-fashioned 'nudge letter/phone call' to DG pointing out that all this hassle and cost could be avoided if they just settle before the hearing date? - you never know.........they might make a 'Goodwill offer' .

 

It would be a good idea as you say, pete, to phone the court and ask just what action they want from you Penfold - then you can come back if you need further advice from there.

Sorry I can't be more specific, but since OFT got involved I don't think anybody knows which way the banks will jump.

 

(Mine was Hitchin County Court btw), but Luton CC was where Judge Abrahams ordered Barclays not to levy any more charges until the OFT case was sorted.

 

John

[Penfold92]

Cool, that sounds interesting, butmeans my letters need to hit the Judge and DG well before this date then...Then we will see how they play. I just need the Judge to read it before hand...I guess if I send it and then state first thing, did you read it your worship and can you please ask the questions... Also DG may not want to take the risk...If he says he did not then I maybe I have a case to say well either postpone again or does not mattter as DG were warned and you can read now your Worship...

 

Penfold

[Audreygreeneyes]

my view is it is VITAL the JUDGE gets to see it first, DG well, last minute fax to them woudl be appropriate...... again only my view but thisis a costly excersise for them, it also takes outthe intimidations factor.....of having a Barrister come up and introduce themselves adn puff out thier chest with you are going to lose......

 

agian only my view but this judge has doen oyu a favour (i think) my gut feeling is they will nto set it up, make you an offer before it and ask you to cancel the hearing, like they are doing with others.......

but I could be wrong.........

[johnnymitch]

I think you're right, Auburn, - although it may be better to catch DG in case they set the telephone thing in motion, - once they've done that they won't go back on it, - but give them an out beforehand...........?

 

I do think the Judge is doing you a favour, Penfold, he's probably hoping that they'll pull out as well. And as it worked just along the road in Hitchin .... might even be the same judge! Anyway, I think the first thing is to see what the court says and take it from there.

[freakyleaky]

Edit

[Penfold92]

Guys,

 

Remember this is a hearing to set aside the stay! I hope you guys are right and if so will publish how I have done this so far...

 

Penfold

[freakyleaky]

I am glad you have pointed that out because I was thinking I was missing something here!

You need to have all the reasons ready to relay over the phone because I think the hearing will go ahead.

If I am understanding this correctly

 

the court awarded a stay.

you asked for hearing for application for removal of stay.

court has allocated a telephone hearing.

 

You must ring the court and ask for clear directions on what they require you to do with regards the hearing!

[johnnymitch]

You are right that this puts a different slant on it , Freaky, but they'd have to be pretty sure they're going to get this stay to lash out on a telephone hearing. Question is, if they don't set it up - what happens? Does the judge find for the claimant or just leave the stay in anyway?

 

You are also right that Penfold needs to be ready to argue against a stay anyway, in case they do set up the telephone hearing.

[freakyleaky]

You are right that this puts a different slant on it , Freaky, but they'd have to be pretty sure they're going to get this stay to lash out on a telephone hearing. Question is, if they don't set it up - what happens? Does the judge find for the claimant or just leave the stay in anyway?

 

You are also right that Penfold needs to be ready to argue against a stay anyway, in case they do set up the telephone hearing.

They have already got the stay. This is a hearing to have it set aside.

Do the directions say that they have to set it up Penfold?

[Penfold92]

You are right that this puts a different slant on it , Freaky, but they'd have to be pretty sure they're going to get this stay to lash out on a telephone hearing. Question is, if they don't set it up - what happens? Does the judge find for the claimant or just leave the stay in anyway?

 

You are also right that Penfold needs to be ready to argue against a stay anyway, in case they do set up the telephone hearing.

 

 

Oh I will be no wrories there. I have two letters being fired out tomorrow... I lovely one to DG asking for lots of info that they will ignore, and another to the Court/ Judge asking him to ask specific questions at the hearing. This should be interesting... I am trying a new ploy/ route, but for obvious reasons do not want to discuss this too much right now.

 

Any ideas on backing up the set aside the stay letter would be appreciated...

 

Penfold