HSBC Court Claim received - they got SJ - trying for setaside

[frettful38]

Sorry andy, just thought I would try and help, and can see that you are offering some very good advice. Your right and hopefully honey's case is not as half as complicated as mine LOL!

 

no probs, you carry on seeing as your doing a fine job and wish honey the best of luck

[Honeypot]

If a claim is stayed do you need to resend your defence to the court, claimant etc?

[AndyOrch]

Sorry andy, just thought I would try and help, and can see that you are offering some very good advice. Your right and hopefully honey's case is not as half as complicated as mine LOL!

 

no probs, you carry on seeing as your doing a fine job and wish honey the best of luck

No problem Frettful and appreciate the support you offer

 

I have just phoned the court Andy and the claim was stayed last week. Is that important?

 

If a claim is stayed do you need to resend your defence to the court, claimant etc?

 

Once you submit a defence the claimant receives a copy.They have 28 days to respond if they do you will receive an AQ (Allocation Questionnaire) If they dont the claim is stayed.

There may be many reasons as to non response but its a good bet that the claimants are unsure and a little unorganised on receiving a defence for the claim.

The claim may be stayed for weeks, months, years (only jesting on the years but i have known them stayed for over 12 months)

The longer the stay is in position the harder for the Claimant to justify this action and would make application (at a cost ) to lift the stay to proceed.

Until you receive an AQ take the time to prepare your case.

 

Regards

 

Andy

[Honeypot]

Hi

 

Update-

 

I have not heard anything from D&G solicitors since my claim was stayed after submitting embarassed defence. Is this normal?

 

Thanks

 

Vicky

xxxx

[frettful38]

Hi honey I submitted my defence and I got a reply and they want me to sign a consent order.

 

When was your case stayed?

[Honeypot]

Hi

 

I acknowledged online and then sent a defence saying I want to see the original CCA, DN etc.

They sent me a load of crap through plus a consent form to sign.

I never replied.

Court have told me that they claim was stayed in mid November.

I've heard nothing since.

[frettful38]

Well maybe that is a good thing no? have you read my thread and see the advice I have receievd?

 

Here is a link honey, you will feel much better after reading what HSBC are doing to me LOL

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?289115-HSBC-want-me-to-withdraw-Defence&highlight=

[Honeypot]

Hi Fretful

 

What a Thread !!!

 

Just phoned the court today and nothing has happened since my case was stayed due to no response from D&G solicitors.

 

The advisor at court said they can reactivate it at anytime. Does anyone know that if they do will I get notified?

 

I keep thinking D&G will get a CCj awarded without me knowing.

 

Vicky

xxxx

[AndyOrch]

Hi Vicky

 

If the stay is lifted you will know because you will receive an AQ which transferes it to your local CC.

They wont get judgment without your knowledge I assure you.

 

Regards

Andy

[frettful38]

Hi Fretful

 

What a Thread !!!

 

Just phoned the court today and nothing has happened since my case was stayed due to no response from D&G solicitors.

 

The advisor at court said they can reactivate it at anytime. Does anyone know that if they do will I get notified?

 

I keep thinking D&G will get a CCj awarded without me knowing.

 

Vicky

xxxx

 

Hi honey yes it is true that DG can apply to lift the stay anytime but they cannot issue a CCJ against you without you knowing. There is a procedure which they have to follow and you must be informed of this before they do this. To get a CCJ against they could try to apply for a summary judgment........ they have to comply with their duties under the Civil Procedure Rules in order to ensure the overriding objectives thereof are being met by both parties in these proceedings in respect of their intentions to make an application to the court to lift the stay,

 

If an application is made for summary judgment then the applicant [HSBC] must serve a copy of their Application Notice-N244 upon the Respondent [You] along with a copy of their Witness Statement and copies of any documents files in support of their said Application.

If you wish to oppose any Summary Judgment, then you must file a copy of your defence to the said app (the defence is to be in the form of YOUR Witness Statement which should contain your legal or valid reasons why the claimant's app for SJ should not be permitted to succeed, you must also file copies of any documents/exhibits that you intend to rely upon in your opposition to the SJ. You must file your Witness Statement and exhibits to court at least 7 working days before any Hearing date and also serve copies of the same upon the claimant's Solicitors, again at least 7 working days before the hearing date.

The claimant can respond to your Witness Statement within 3 days of the Hearing date.

 

Service of documents - Monday to Friday only (these are working/business days), you cannot serve any documents upon the claimant (or his Solicitors) via email, UNLESS you have his or their consent to service by this method, Facsimile service is accepted as long as there is a fax number stated/quoted on any correspondence from the Solicitors.

 

I was given this great advice from a great cagger, and hope it is some help and re-assurance to you. So don't worry too much.

 

[Honeypot]

I wonder why they didnt reply to my defence in time. The stay is dated 18th Nov last year!

I'd love to see my file on D&G's desk.

I reckon they are looking for my original CCA.

 

Thanks Andy, Thanks Frettful

 

Vicky

xxxx

[AndyOrch]

Not many do reply its quite a shock when they receive a defence.They prepare once a defence is received and then pay the application to lift the stay,

If its worth proceeding if not they discontinue.

 

Regards

 

 

Andy

[frettful38]

Hi honey and andy, well I don't know if honey got a letter from DG asking t o sign a consent form? as I did.

[AndyOrch]

Hi honey and andy, well I don't know if honey got a letter from DG asking t o sign a consent form? as I did.

 

Tomlin Order/Consent Order are an option for any Claimant if the need to dispense with litigation is necessary or just not financially viable to proceed.

Providing the order is drafted correctly and water tight and protects both parties interests then it is common sence option in dealing with the matter.

 

Regards

Andy

[Docman]

Hi honey and a Happy New Year.

Don't worry about this for the moment. At some stage, someone at DG's will extract a digit from their rear end and make an application to Northampton Court to lift the stay. They SHOULD provide the court with a reason why they didn't respond to the defence within the 28 day time frame but rarely bother to do so because the court just rolls over provided the claimant's pay the court fee. You will get notified of any lifting of the stay and usually transfer of the claim to your local county court. That is when the fun will really begin. Until then there is little practically you can do.

I suppose you could always make your own application to lift the stay and try to get the claim struck out but I suspect all that will do is to goad DGs into action earlier rather than later. I suggest you just wait until you get something in the post from Northampton but it could be a wait of several more moths.

Doc

[frettful38]

Thanks andy, well if you saw what they wrote on my consent form it would not be very nice.

[frettful38]

Well DG have advised me to agree to pay all of the debt, plus costs and interests and after I have they STILL will proceed to get a judgment against me. If I do not consent to their terms they will apply for summary judgment, maybe some one wrote this letter from their rear too?

[Honeypot]

Hi Frettful

 

Yes I had the same consent form too. I ignored it like Andy advised.

 

Andy/Frettful/Docman if youre around please could you look at my other thread in the Legal section as I urgently need some advice!

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?290616-Help-Please-with-Claim-Form!!!&highlight=

 

Thanks

 

Vicky

xxxx

[AndyOrch]

subbing

[Honeypot]

Hi GuysCan anyone help as I have had an update.To recapClaim form received for HSBC credit card.CPR'd solicitors for all paperwork, CCA, DN, TN etcReceived generic terms and conditions, no original CCA, no DN (they said they dont keep a record) etc so sent an embarssed defence.Solicitor(D&G) didnt respond and so the claim was automatically stayed at the beginning of November last year. Heard nothing for 7 months so I decided to ring the court today. They have told me that D&G have applied a couple of days ago to have the defence struck out and a CCJ applied.Does anyone know my next steps or what to expect?ThanksVickyxxxx

[AndyOrch]

Hi Vicky

 

This is what is known as SJ Summary Judgment.They will have made an application to strike out

your defence on the grounds it has no merit.Supporting their application will be a WS ( Witness Statement)

You should receive and if not request a copy of said application and WS (if not received shortly) and the sooner you get this the better.

You will have time to object to the application (by a specific time not less than 7 working days) before the application is processed at an hearing.

By objecting you too will prepare a WS and basically shred their WS and why your defence does have merit and the process be allowed to

continue to trial.

They will try to recover costs for this application and hearing as a separate entity so even if you fail to stop it you should object

at least to their costs.

 

SJ is not always guaranteed and can backfire in the Claimants face and risk their claim.

 

Regards

 

Andy

[Honeypot]

Hi AndyGlad to hear from you!The court said they applied yesterday to have my defence struck out. Should I wait a few days and see what comes throughthe post or should I ring the court back and ask for a copy of the application and WS today?Out of interest if ive asked for my CCA, DN and TN etc under CPR and not received it then why would my embarassed defence have no merit? I thought it would be a very relevant to have all this information!x

[AndyOrch]

You will (should) receive notice of Hearing to hear their application very shortly.If nothing received

say by end of next week chase it up, along with said application and WS.

 

It does have merit Vicky, its their claim, that they cant comply to your CPR request thats holds no merit

because they cant supply the documents, hence the dummy out the pram and SJ application.

 

Andy

[Docman]

Honeypot,

 

Give the court another call on Monday to see if DGs have been sneaky and asked for the application to be dealt with WITHOUT a hearing, ie by just the judge looking at the papers. They shouldn't have done and the judge should throw out such a request.

 

However, I did hear the other day that is exactly what DGs did with a case stayed (through their own inaction) at Northampton. DGs made an application to lift the stay, have the defence struck out and summary judgement granted. Since they asked for this to be dealt with by the judge without a hearing, the DEPUTY DJ (yes the judge lottery again) did precisely as requested. The first the defendant knew was a CCJ dropping through the letterbox.

 

Be on your guard with DGs. They may be inept most of the time but they can be sneaky when they have messed up and they also have unlimited resources to cover up whatever mess they create.

[Honeypot]

Thanks Docman

 

If they have done as you have said what steps can I take to appeal or is that game over for me?

Surely I have the right to a hearing for their application of dismissal ?

Can't stop worrying now. I just know that's what they will have done.

Edited June 11, 2011 by Honeypot