What happens if I am too ill to attend Court?

[Hawk]

I am due in Court later this week for a repossession Hearing, I have filed a defence and so now it is going to take a day for the hearing to take place. I currently have laryngitis and literally just have a `squeak` as a voice, am I able to geta Doctors note to not attend Court and if I don`t attend, after having given a Doctors note, what will happen please? I am defending myself so would need to do a great deal of talking, which of course is going to be near impossible, please help because added to my illness, this is making me really stressed Thank you.

[GrumpyToSayTheLeast]

I believe(dont take my word for it) that the court will just expect you to send a representative.

 

Have you spoken to the court to ask?

 

Im sure others more knowledgeable will be along soon.

[citizenB]

Have you checked with the court the hearing is to be held at to see if they have a Duty Solicitor who might be able to go in with you on the day ? Meanwhile, I have alerted those on the site team who might have further advice for you.

[Hawk]

Hi, thank you GrumpyToSayTheLeast, no I haven`t spoken to the Court as yet because I`m waiting for someone to come later today to speak to them as if I rang them at the moment, with my voice the way it is, they would think they`d got an obscene `phone call :/

 

I do not have a representative who could attend for me as noone knows the case like I do as it`s very complex and involves my having been [problem]med out of a great deal of money , after HSBC had told me that all was ok with the investment!

 

There is also an added complication now in that I had complained to the FOS about HSBC, but HSBC said that `Due to the passage of time`, they didn`t have any of the relevant documentation, yet in Disclosure for my case against them, they have now provided over 180 pages, some of which is very damning to HSBC in that it is clear from their employees File Notes submitted that they had grave concerns about the investment from the beginning but they didn`t pass those concerns on to me, so I have asked for my complaint to be reviewed by the FOS...

 

it`s all very worrying and I`m all prepared but now I have this flipping voice loss and feel dreadful Thank you for trying to help though, I really appreciate it xx

Edited January 28, 2015 by citizenB
formatted for easier reading

[Hawk]

Thank you Citizen B, when I previously asked for help at Court from a Duty Solicitor, they told me the case was too complicated for them to take on at such short notice :/ I am only acting for myself as my monies have now run out and the Solicitor I was employing will not work for me without further monies and I do not qualify for Legal Aid apparently as I`m asset rich but cash poor, in that I have a nice house, but you can`t pay a solicitors bill with bricks...this whole fiasco with HSBC has literally ruined me financially...before all of this, I had a nice place and money in the bank, now I have nothing in the bank and a house mortgaged up to the hilt I look forward to seeing if anyone else can help me, thank you so much xx

[citizenB]

Hopefully someone will be with you soon.

 

Having been embroiled with HSBC bank myself over the last few years (thankfully now at an end), I can well believe what you are saying. They are a horrid bank.

[Hawk]

Thank you CitizenB...they have been just awful!! All they could see was the large sum of money that I would have deposited with their bank and they ignored all of the warning signs and never passed any of them on to me! Then when it all went wrong, they have lied and cheated to save their own necks...the two main employees who dealt with me in this whole charade, left the bank shortly after I was scammed...need I say any more! xx

[steampowered]

Hi - You can contact the court now, send in your medical evidence, ask the staff to put it before the judge and see if you can swing an adjournment. This might not work but it is worth a try.

 

Unless the court confirms that the case has been adjourned, you need to make sure you attend this hearing. Judges do not usually take much notice of sick notes. It doesn't give you a free pass because judges know that sick notes are easy to get and they will scrutinise the contents of the note. You won't be excused from attending a hearing unless it is something extremely serious, I don't think laryngitis is enough.

[Hawk]

Hi, thank you all for your help to date...I now have another query I`d like help with please?

 

Due to the fact that there is an ongoing investigation with the FOS regarding my complaint, I have been advised that I should apply for a Stay in proceedings until the FOS investigation has been completed. I have spoken to the Court this morning and they have told me that I need to complete a Form N244 and have it into the Court for 9am on Monday morning! They have also told me that I need to keep the content brief, otherwise it could be handed to a Judge to have a Hearing with all parties to attend, could anyone please give me any advice as to what content to put into this form?

 

The basics of the story are that I complained to the FOS about bad advice on an investment given to me by the Bank, the FOS investigated but were told by the bank that `due to the passage of time`, they didn`t have the relevant documentation to help with the investigation, so the FOS ruled against me, yet now, within the Disclosure of this case, the bank have miraculously provided all of the documents which they previously couldn`t `due to the passage of time`, additionally, they have provided contemperaneous file notes of employees proving they only had the thoughts of getting my investment returns deposited in their bank, and the notes also show that they had cocerns about the Investment, but they never voiced those concerns to myself, meaning I lost an awful lot of money!

 

The FOS are now going to re-open their file and review the situation with this new evidence, I have also found out that they discussed my personal and financial affairs, with not one, but two third parties without my permission, one was the solicitor dealing with my house sale, (who I`d specifically requested my bank manager didn`t contact!), the other was a solicitor dealing with a civil matter for me, but with whom my then bank manager negotiated with without my knowledge! I have now also made a complaint to the FOS regarding breaking of banking protocol in this matter and going against the data protection act.

 

This is all so complicated and I have been so badly treated by the bank that I could waffle on for ever about all of the htings they`ve done wrong to me, and I am in danger of doing so which is why I would be most grateful for anyones help as to how to put across what I want to say succinctly in a way that the Judge may listen...in a nutshell, I want a stay of proceedings to allow the FOS investigation to go ahead as I know the FOS won`t get involved usually after a case has been to court, please help

 

Thank you xx

Edited January 30, 2015 by Andyorch
Paragraphs added

[steampowered]

On the N244 you would seek an order that the court stays proceedings until a final decision has been made on your complaint by the FOS.

 

I think you would need to attach a witness statement explaining all this in some detail. You would need to explain the basis of the complaint, the result of that complaint, and what documents were not provided that should have been provided. You would then need to explain what is happening with your current FOS complaint, what you expect the outcome to be and how that would affect the repossession hearing.

 

 

If your repossession hearing is next week, I think it is doubtful that the hearing will be put back or cancelled at this stage. There is a good chance of your application being dealt with at the hearing itself.