No, I meant in favour of the Bank... with eveything I have read here I thought that I had a reasonable chance of defending the judgement.

Shall I find my old thread now ?

Okay... I get a judgement... HSBC put in an application to have it set aside at a hearing.... I write to the court to object to the request as HSBC have not complied with the CCP's... why is it it such an open and shut case?

Does Hagenuk work for HSBC?

Thanks Walshy! I'll have a read!

Hi guys, I have a court hearing tomorrow where HSBC are hoping to set aside a judgement made for not submitting the required paperwork. They have said that thet "misfiled the AQ"! I have collated some advise 'abuse of process', not complying with 'Civil Procedures' and not relating to the OFT waiver.... can any one guide me to any links and test cases I can put forward tomorrow if required.

Thanks Pete, good point. My understanding from the court is that there is likely to be an automatic hearing... I guess to stop the charade from going on and on... who knows!

I have written to the courts a polite but considered letter ( I believe!). Should I write another nudge to DG explaining I have written to the court and objected to their request for judgement to be set aside on the Civil Procedures line or do I just wait for the judge to respond?

Many Thanks you guys. The Judge has yet to decide whether the judgement should be set aside, so a super prompt letter to the court is in order. I will keep you posted!

Thanks guys... I will log back on a little later and see what i can glean!

After no responses to court orders judgement was made in my favour and HSBC was told to pay me by 24th August. I was on holiday between 19th and 31st... typical! On 24th HSBC sent a notice to the court to have the judgement set aside. One of the reasons that they gave was that the "AQ was misfiled at a different court!The court has told me to write a letter to the court but would not offer any advise as to what should go in it? Having scanned through various threads i have picked up the phrase 'abuse of process' but not sure where to go fom here... any takers?

Running ahead of myself here... the claim the court has entered is for interest only included in my original schedule and obviously 4 months have elapsed... how do i include this interest or can't I?

Thanks Freaky. Yes I have had a good look at the link and no doubt DG will try the fax routine here... although there fax might be dodgy if the court had to ask for the AQ 3 times... I guess its wait and see time!

OK thanks! The court have said that there is every chance they will appeal so I just need to know if I can "counter"appeal?

My case was reffered to a local court and Allocation Questionaires were requested. HSBC did not complete one and the court then ordered them to comply and gave them a further 14 days. They did not comply and the Judge then gave them 10 days to submit it before striking it out. Yesterday I received a court order judgement form stating it had been struck out and that HSBC was ordered to pay the claim by 24 August. Does this mean I have won or will HSBC appeal against the decision? Can they appeal when they have not followed court directions? Any advise anyone?