Hearing to remove stay 0n 29th November

[Waxsyd]

Hi All

 

My main thread is situated at Waxsyd v First Direct

 

I have a hearing to have the stay lifted on 29th November at Sheffield CC.

 

Yesterday I received a witness statement from DG, that they have filed with the court, basically saying that the stay should remain. I'm suffering financial hardship at the moment and this has been a condition on my application to have the stay removed. DG are saying to the court that I have not provided any documentary evidence to them that I am actually suffering this hardship. Funnily I have heard nothing from DG or First Direct and then I get 3 letters from them in one week. First Direct firstly sent a letter asking why I haven't deposited any monies into the account for just over a month and wondered if I wasn't totally satisfied with the banking service I receive from them. Then they sent another letter about my claim for refund of charges asking that I should contact them to see if they could help and maybe offer some type of borrowing to help my position. Also attached to this was a Financial Statement they wanted me to complete a return. Obviously DG are referring to this in their witness statement. The Financial Statement and letter from First Direct was dated 14.11.07 which I received on the 15th and DG filed the witness statement dated 16.11.07 which I received on the 17th so even if I had filled it in straight away it wouldn't have been back with them in time!

 

I'm just a bit worried now that I haven't completed the Financial Statement and returned it or sent any documentary evidence to court re my situation. I've seen the bundle available on here for 'hearings on removal of stays' which I shall use when I go to court and I will also take documentary evidence to prove my hardship status.

 

Should I have done this before the hearing?

 

Is this standard, has anyone come across this before?

 

Anyone else in Sheffield CC on 29th November at 2.00pm?

[freakyleaky]

Can you post the directions from the court so that we can see what the court have asked for before the hearing?

 

Also have a read of the links in my signature re hardship and removal of stay!

 

.

EDIT: My sig is not showing for some reason. I will post the links for you in a moment!

[freakyleaky]

Application for Removal of a Stay on the Grounds of Hardship

 

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

GOT A COURT DATE? A guide to the later stages

 

Bundle for stay hearing

 

Hope these help!

[Waxsyd]

Hi

 

Thanks for your reply.

 

The Notice of Hearing from the court only advises of the date & time and that I should attend. There are no mention of any directions etc. I phoned the court when I received the notice and asked if I needed to do anything. I was told to just bring any supporting or relevant material that may help me to the court.

 

I wasn't going to do the whole court bundle at this stage, just the part relating to removal of stay and financial hardship etc. Is this right?

 

Wax

[freakyleaky]

Have a look at the bundle for stay hearing in the post above.

 

You need to take all documents you intend to rely on.

[choco]

Hi there, how did it go??!!

 

I have mine on the 2 January, the court "claims" they sent me the letters etc on the 16 November but as of today's date I still dont have it! Anyway I got them to fax me a copy of it, I'm just going to prepare a bundle anyway.

[linz2011]

how did it go choco?