In Court On Wednesday

[smith5757]

Due in court on wednesday.

 

My court bundle was submitted on June 25th but nothing from DG to me or the courts. Applied for the defense to be thrown out on July 1st but was told to wait for my hearing. Dg recently applied for a stay and this morning I phoned the court to be told the hearing is still on. So not quite sure what to expect but suspect the stay will be granted on wednesday. But I will be there to fight my corner.

[smith5757]

i WOULD CRETAINLY APPREIATE ANY INFORMATION ON WHAT i COULD EXPECT ON WEDNESDAY IN COURT

[pinkduchess]

have a look at this thread HDR - v - HSBC

 

read up on why a stay should not be granted

 

be prepared for the unexpected & request an adjournment if they spring any surprises

 

these links from freaky signature will help too

 

New forum for stays

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

GOT A COURT DATE? A guide to the later stages

[johnnymitch]

Just read that thread (HDR) PD, -it's very interesting, I wonder how many people have been put off by a bogus folder like that......

[Castlebest]

As far as i'm aware its the only one to have ever been issued. DG have never been to court so never did a bundle before.

 

pete

[freakyleaky]

Considering it is the only one they have ever done you would of thought they would have done a better job!

[Audreygreeneyes]

Good luck with your hearing tomorrow and it might be worth printing off the chanel 5 news report of yesterday showing Lloyd reducing their charges.......... just adds more wieght............. you also need to quote the courts own cpr

 

here it is jut print it off.................. these are the courts own rules. adn the should have granted your request..............

Power to strike out a statement of case 3.4 (1)In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case.

(2)The court may strike out (GL) a statement of case if it appears to the court –

(a)that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b)that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

©that there has been a failure to comply with a rule, practice direction or court order.

(3)When the court strikes out a statement of case it may make any consequential order it considers appropriate.

(4)Where –

(a)the court has struck out a claimant’s statement of case;

(b)the claimant has been ordered to pay costs to the defendant; and

©before the claimant pays those costs, he starts another claim against the same defendant, arising out of facts which are the same or substantially the same as those relating to the claim in which the statement of case was struck out,

 

the court may, on the application of the defendant, stay (GL) that other claim until the costs of the first claim have been paid.

(5)Paragraph (2) does not limit any other power of the court to strike out (GL) a statement of case.

(6)If the court strikes out a claimant's statement of case and it considers that the claim is totally without merit –

(a)the court's order must record that fact; and

(b)the court must at the same time consider whether it is appropriate to make a civil restraint order.

[freakyleaky]

Yes good luck in court tomorrow smith!

 

Good post audrey but do you agree that they seem to make these rules as dificult to understand as possible for people without legal expeirience?

[smith5757]

Thank you all for your support. I do feel pretty well prepared and as I requested the defence to be struck out (to Rule 3.4(2)© of the Civil Procedure Rules), on July 13 sometime before the test case was announced I am hoping common sense will apply !!!! Will keep ypu all posted.

[Penfold92]

Thank you all for your support. I do feel pretty well prepared and as I requested the defence to be struck out (to Rule 3.4(2)© of the Civil Procedure Rules), on July 13 sometime before the test case was announced I am hoping common sense will apply !!!! Will keep ypu all posted.

 

 

That's good to hear and also on the off chance the Judge decides to go with the stay have something prepared regarding why DG have been allowed to ignore court directions, have their own timescales and generally make their own rules up. Are they a Law unto themselves?

 

Hopefully another settled case on the steps of the court...

 

Penfold

[smith5757]

Hopefully they will explain to the judge why they did not comply with the court directions of some months earlier. This would be very interesting to listen too.

[Castlebest]

Good Luck Smith, and if all else fails ask for the banks charges to be frozen as part of the stay (see post 197 in my theread)

 

pete

[johnnymitch]

Yes , the very best of luck, Smith - be very interested to hear your story when you get back.

[pinkduchess]

god luck for tomorrow

[Audreygreeneyes]

smith point out that the cpr is an act of parl................. the oft waiver is just an agreement between 6 banks and a building society. oh eyah and one of those banks has broke ranks and dropped it charges..........):

[Audreygreeneyes]

yes I do agree with the freaky.................am trying tomake it as simple as possible and if anyone has a question about that lot.please feel free to ask......... I will do my best to answer them..........

[bach]

Hi, Hope your ok what happened with your Court Case

Lynn

[lateralus]

suspect the stay was granted - it's happened a good few times now - you go in on a high thinking you might get lucky and the judge just doesn't want to know. it's a big let down - we'll hear soon.

it's a bitch - this waiting game. can't really help people after the stay is granted - you can try to get it lifted but mostly these cases will now just sit waiting for the oft case results. no wonder it's like a ghost town on here so much lately. but, if it helps, we are all still here watching - and the spiritual support is still very alive - even if we can't be a lot of practical help these days.