Bigwilf v HSBC

[stonedecroze]

Hi Wilf I have a letter on my thread that I am hoping will get stay lifted. My reasons are banks are deliberately employing delaying tactics and abusing legal system whilst at the other end of the scale they are still settling where stays are not being applied. take a look at my thread stonedecroze v halifax 2 you are welcome to use any of it as most of it is template letter with extra bits that I added to support my application. All the info can be found where I say it is. Good luck

[lateralus]

also, going back to your original post - i think we are all reading this that the courts have set aside the judgment - it's only dg applying (i think) for the judgment to be set aside and the courts are asking for your take on this. this is the perfect opportunity to write a nice letter to the judge and as part of the letter - you make a little list

date..........what you did(wrote to hsbc requesting return of charges.....and their response....No Response

make it fit on one line per item

date..........what you did....................what they responded (nothing)

and continue from your first letter

right through to the filing of the aq.

it makes an impressive little letter to be able to put how many times you've contacted them (either by letter or phone or whatever) and their lack of response.

 

so, basically - after looking at what all these above are suggesting - put together a lovely little letter to the court stating that you have contacted them and all the way down the line they have either not responded at all or responded late. i'd put something like, I don't think the banks and their representatives have any respect for the claimant or the courts as they seem to ignore all attempts at communication and routinely flaunt deadlines. I can prove all of my submissions with proofs of posting, I wonder if they can prove that they submitted the allocation questionaire to the wrong court when all of my communications have plainly included the correct court.

just get the letter done quickly and in - it may be that you can avoid the set aside and get them to pay the judgment with a polite, informative letter.

[freakyleaky]

Edit!!! Sorry writing before I think again!

[bigwilf]

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!

[bigwilf]

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?

[Castlebest]

Hiya Wilf, I dont think it realy matters, the Judge is the important one.

 

If you do write to DG just make it a simple "I have objected" letter dont give them any details of why, let them find out when they need to know

 

pete

[bigwilf]

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!

[bigwilf]

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.

[jowalshy]

Hi Bigwilf, someone will be around to help you soon, so please do not think that you are being ignored. Someone maybe hunting around for you right this minute and will be back soon.

[jowalshy]

this thread may help you:-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/102662-hsbc-bank-charges-court.html

 

and maybe this one aswell:-

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/113014-chaseterrace-hsbc-judgement-set.html?highlight=set+aside+judgement

[bigwilf]

Thanks Walshy! I'll have a read!

[hagenuk]

I think personally you may struggle and the sensible course of action would have been not to object to the set aside.

 

I am guessing that you have obtained this judgment by default due to late filing of the AQ by the bank?

 

Depending on the size of your claim, you may get lucky, but my guess is that the bank will be granted this set aside and you will be lucky if you don't get costs awarded against you. This has been known.

 

In future, never rely on a judgment in default, that thinking is flawed and almost always results in a set aside. Even if you obtain judgment and seek to enforce a warrant of execution, that warrant can be stayed and the original judgment set aside.

[bigwilf]

Does Hagenuk work for HSBC?

[hagenuk]

Don't shoot the messenger because you don't like the message.

 

Wait and see, you may get lucky and prove me wrong, but I doubt it.

[jowalshy]

Is there any chance that bigwilf's threads could be merged so that people can get the whole picture?????

 

Also Bigwilf, would it be possible for you to stick to one thread. that way it makes it easier for people to see what has been going on in your case.

[bigwilf]

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?

[bigwilf]

Shall I find my old thread now ?

[jowalshy]

I think that because there have been a couple of people on here that have been in this situation and the judge has sided with the bank, so really it is not an open and shut case. I really feel for these people and I think that hagenuk was preparing you for the worst case senario as this is what could possible happen. We all, of course, hope that it doesn't and wish you the best of luck tomorrow.

[jowalshy]

Shall I find my old thread now ?

 

 

I would stick to this one for now, I am not sure where your old one is, it may have slipped on to another page. If you keep to this one, we can all follow you.

[bigwilf]

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.

[hagenuk]

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?

 

It is not a win, despite what you may think and that the Defendant has misfiled your AQ, whether through incompetence or ineptitude, will be not important to the court.

 

Judgement in default is not as straightforward as it may appear. A Judgement in Default is not a win. In the case of Masters -v- Leaver[1999]EWCA Civ 2016 it was held that a judgment in default means just that - it is a judgment obtained due to default. It does not mean that the court has agreed with what was claimed, or favours one or other case.

 

The truth is, an application to set aside Default Judgment is almost always granted as Judges prefer cases to be settled on merit, not by default.

[freakyleaky]

It really does depend on the judge. Although lately all judges seem to have had orders from above to put everything on hold until the outcome of the test case.

Even if your judge is sympathetic he may still award in favour of the set aside due to presure from above. It really does stink but that is the reality at the moment.

Still, as hagen says, you may get lucky!

 

 

 

.

[johnnymitch]

Sadly, I have to agree with Freaky, bigwilf - .

 

However, there are some judges out there who appear to still have minds of their own - let's hope you get one of 'em! Best of luck, mate

[freakyleaky]

Thats not nice Johnny!

[Castlebest]

so the fact that we havent lost or rather HSBC havent won a judgement set aside yet means nothing?... syd's mum where are you if you lot are getting back handers from HSBC where's mine ???

 

here's some threads to read

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/102662-hsbc-bank-charges-court.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/117567-hsbc-supermanx-victory-after.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/98091-archer-hsbc-court-post.html

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/115174-yipeee-received-judgement-defence.html

 

Good luck and let us know how you get on

 

pete