Welshbaba 'v's HSBC

[parian]

do you know have had their notifications sha

 

Ian

[Andy Williams]

I have a little bit of experience regarding both court cases and cardiff county court.

 

My advice to you all

 

1) everyone's case has been stayed. whether you get official confirmation before the 14th is irrelevent....even on cases the court deems important orders can take weeks before they arrive(even when they say they have been posted).

 

2) If you turn up on the 14th you will be turned away...even if you haven't received the official order..the court will verbally confirm that it has been stayed.

 

3) My advice submit your application now. If your worried simply ring the court and ask them to verbally read order to you. It will simply say that the case has been stayed and if you wish to have it set aside or varied you must make an application.

 

4) The sooner people make a set aside application the better chance that the 14th will be used as an en block hearing for the removal of the stay.

 

5) Cardiff Court are doing whats convenient for them, not justice for the claimants or even for the banks. They have never taken bank charges cases seriously. Please do not be put off my court clerks who tell you not to bother with further appeals. They are (my opinion) trying to lessen their work load.

[shelleybean]

Thanks Andy, much appreciated

 

I havent received notification yet but i am going to send off application for removal of stay as per the phonecall to CCC yesterday. We'll then see what happens next!

[freakyleaky]

Great post Andy! Very helpful! Hope you don't mind if I pinch it and post it elsewhere?

[welshbaba]

Ian - i was just guessing that some might have had notifications through.......

Andy - thanks - that helped loads will send tomorrow.

Thanks

Sha

[stadium_arcadium]

Just caught up with your thread Sha, hope the letter works and you and everyone else manage to keep your hearing. Fingers crossed for you all

[welshbaba]

Thanks SA, just getting the final bits and bobs sorted then gonna trot off to the post office.

Have put as evidence: the letter, copies of letters i have sent,statement of evidence and pasted the OFT thingy Mostyn posted - will this be ok??

Thanks

Sha:)

[welshbaba]

Forgot to ask - do i send copy of N244 and supporting evidence to DG?

 

Some good news tho - rang the court and the £35 is not being asked for in the bank charges cases.

 

Sha

[stadium_arcadium]

It all sounds good to me (it's been nearly a year since I put a court claim in lol) good news the courts aren't charging any more.

[welshbaba]

- do i send copy of N244 and supporting evidence to DG?

waiting to post it off - do they get the same bumph as the court? already posted the courts

Thanks

Sha

[stadium_arcadium]

I would think so Sha, you normally have to send copies to the solicitors. It would also remind them you still mean business:D

[stadium_arcadium]

Just to add, a copy of the stay letter from the courts has been posted here http://www.consumeractiongroup.co.uk/forum/barclays-bank/92371-cardiff-directions-hearings-post-18.html post #352

[welshbaba]

Do DG have to contact the court to request the stays or do the courts just decide? It just seems that after the case everything was suddenly "stayed". Am i suppossed to hear this from dg aswell as the court

Sha

[jowalshy]

According to most of the banks websites it states that they will be appliying for the claim to be stayed pending the outcome of the OFT case. To me this means that they will have to apply for the stay. Whether they just write to every court involved with penalty charges claims and ask for a stay for all of the claims or they have to individually apply for a stay I don't know.

[welshbaba]

Thanks Jo, just seems really quick....if they can write to the courts that quickly how come they couldnt send us the letter at the same time.

Ah well now its sit and wait time again

Sha

[jowalshy]

You will probably receive something in the post regarding the stay eventually. If you had an offer earlier on it will probably say that that offer still stands and do you want to accept it. The choice will be either to accept that offer or wait until the outcome of the OFT case. You will also have the choice of setting the stay aside, but it is still early days as to whether this is possible yet. Hopefully we shall get some news from people attempting to set the stay aside to see if it can be done.

[Mostyn1704]

Hiya Sha The Master of the Rolls refused to give the 8 banks a blanket stay - they have to apply for a stay for each individual case....that's 800 at last count for Cardiff on Tuesday. I got a latter from DG - there's a first - saying they would be applying for a stay, but nothing yet from court. Will phone them tomorrow. But there a reference to Judge Higginbottom going ahead on Manicblonde's thread , post 65...but can't find Cityguy's report yet....Confused !!

[Mostyn1704]

Update: reference to Hickinbottom going ahead was from 27th July, so probably now changed. ..but ... if we are all going to put in objections to the Stays ( hopefully), I think we should all go for a hearing of the case - extra £30 I know, but at least that puts us on the offensive again, putting pressure on the courts to hear our cases...

[Castlebest]

Exactly Mostyn and shows your not happy with this stay situation.

 

The Master of the Rolls (effectivly the Chief Judge in the UK) refused to apply a blanket stay but has asked one of his othe legal eagles to write to each of the county court Cheif Judges and tell them its up to them. I read this to mean its up to each court what they do and if we apply pressure, especialy with these early cases there is a good chance they will go to trial (you will get an offer from DG).

 

Also beware of posts about what is or isnt happening, this situation is moving quickly and the oppinion of a court employee might be valid when stated but could change an hour later, if you have paperwork from the court use this to base your application to have the stay set aside, if not because this I think is now common knowledge we will have to rely on our litigent in person status and maybe apologise a bit to Mr Hickenbottom for our inexperience when you get to court

 

pete

[Mostyn1704]

Agreed Pete, at this moment I think we should all be going to HEARING of applications against stays - just posted same on Cardiff News thread - because although the details have changed, our strength is still that we are so many and have right to be heard in court system. ....

[Castlebest]

Yes I'v just pasted the above post there too lol

 

I was looking at the Barclays forum last night, there is a strong Cardiff August the 14 contingent there too and they are all doing as you are doing

 

pete

[welshbaba]

Mostyn, i'm not really sure what you mean about attending the hearing still, i thought they were stayed. I sent off my removal of stay etc yesterday (6/8/07), told no £35 fee. Whats the £30 you are talking about. Sorry if i'm being dim, just want to understand fully. Have I now done something wrong then?

Thanks

Sha

[manicblonde]

I'm trying to find out if there is a fee too! Have a look at my thread! Got my stuff here ready to send off and I am now very confused!!

[Mostyn1704]

Hi Sha You can have the application for removal of stay dealt with either without a hearing (cost £35) or at a hearing - you get to attend - (extra£30 for this) However both fees have been waived, so I think everyone should request a hearing of the application to remove stay - we will probably all end up on the same day again !! Let's keep the pressure on!

[parian]

Hi mostyn thanks for that I've been holding off a bit because of the conflicting news but I'll send mine thi afternoon asking for a hearing.

on a different not last month HFC bank settled with me, but with all thats going on with HSBC I forgot to inform the court (bad boy), I had a letter from DG this morning informing me that their client had settled and to inform the court of this, funny how they can now find time to write to me when all other correspondence has failed

 

Ian