Blackler vs HSBC Urgent advice needed

[little_pipkin]

Hi.. This is my 1st post here so be gentle!

 

My o/h submitted her court claim for charges against HSBC back in May and was given a 'fast track' court date of 13 September.

 

She works away overseas for half of the year and therefore hasn't been able to do anything with this as she only comes back on the day of the court case!

 

She received a letter from DG last week saying that they will be asking for a stay yet a call to the court from me this morning indicated that the hearing is still expected to go ahead.

 

I'm now in a total flap about what documents I need to be preparing (nothing has been done since the claim was originally made and transferred to the local court)

 

Am I too late - what should I do?

 

Ive tried looking through so many threads and to be honest, I'm getting totally lost!

 

Any help would be much appreciated.

[pinkduchess]

hi pip

 

thats a nice day out for her on her 1st day back in the country!!

 

were you requested to supply any documents with your court directions?

 

you need to be prepared for dg to apply for a stay on the day. freakys got the links in his signature

[freakyleaky]

Have a read of the directions and see what the court are asking you to supply. Better still post the directions on here so we can have a look for you.

In the meantime have a read of the links in my signature regarding stays and removal of!

[little_pipkin]

Thanks for the prompt reply -

 

Detailed below is the letter that she received from the court on the 17th July - this was the last communication received from either the court or DG, until DG sent the letter saying they were asking for a stay;

 

DISTRICT JUDGE WILSON has considered the statements of case and allocations questionnaires filed and allocated the claim to the small claims track.

 

The hearing of the claim will take place at 11:30 on the 13 September 2007 at Portsmouth County Court and should take no longer than 10 mins. The reason for the hearing is to enable disposal because there is no real prospect of success by the Defendant.

 

 

And that was it, no mention of documents of anything like that.

[freakyleaky]

I have not seen directions like that before but I like the judges style.

 

I think all you need to take is a copy of your original particulars of claim together with an up to date schedule of charges. Plus all the information regarding the stay if one is applied for on the day.

The main thing you want the judge to enforce in the event a stay is allowed is the freezing of further bank charges on the account until the outcome of the test case. All the details can be found in the lnks in my signature.

I will double check on what you might need for hte hearing and get back to you.

[pinkduchess]

The reason for the hearing is to enable disposal because there is no real prospect of success by the Defendant.

 

that looks promising

[johnnymitch]

It does look promising PD - the only possible snag is that letter was dated 17 July which is before the OFT case came on the scene.

 

I'm with freaky, though, I like the judge's style, let's hope he stands by his original decision...............

[lateralus]

take a look at this thread GOT A COURT DATE? A guide to the later stages

and look for the small claims track - it tells you exactly what to take.

 

and also go prepared with the letter against the stay in preparation for dg asking for one - links are in freaky's post

 

love the directions - best i've seen! "no real prospect of success"

 

 

given the chance - emphasise how you have tried to resolve (with letters or calls if you did) and how you met with silence from them. also, were they late with their defence or their aq - try to get that in too.

 

it all hinges on how the judge is reacting to the oft case - some are just staying all cases - some are fairly hearing out those well along before the oft announcement. fingers crossed you get a goodie!