Manicblonde V Hsbc

[Castlebest]

499 ? the Cardiff hearing on August 14th was for 800 cases

 

pete

[Castlebest]

Here you are Manic

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/108914-news-cardiff.html

 

pete

[Noddy73]

800. 800 people, Judge with 800 bundles and about ten bank reps with 800 bundles. If it goes ahead, I might catch the train and see it for myself. >

 

How big the court room. I think it might be transfered to the local school gym. >

 

Please drop me a PM if it is going ahead. Should be a classic.

[manicblonde]

Hi all sending off my N244 to the court this afternoon. Can anyone tell me If I need to pay a fee of £35.00 for each one? Stadium Arcadium mentioned on Welsh baba thread courts not charging??

 

As I was typing this got another call about my dormant account asking for me to pay money in. I have told them that as soon as My Unfair bank charges are repaid to me This overdraft (which is made of of unfair bank charges) will be cleared! He mentioned the OFT thingy and told him not to worry cause my case would still be going ahead (white Lie!!) Hopefully after sending this in, it will go ahead!!!

[manicblonde]

Can anyone confiem the fees (if any) please?

[freakyleaky]

I think the fee is £35 for the n244 but if you have indicated you wish to have a hearing for your application then I think it is £65.

Ring the court and ask them. They will tell you!

[jowalshy]

Applications

 

To apply on notice for judgment to be set aside £65

To apply to vary a judgment or suspend enforcement £35

To make an application on notice£65

To apply for a summons or order for a witness to attend £35

To apply by consent, or without notice, for a judgment or

order. This does not include requests for judgment on

 

admission or in default for which no fee is payable £35

No fee is payable for an application by consent for an adjournment of a hearing if it is received by the court

at least

14 days before the date of the hearing.

[freakyleaky]

can you put it in engish please jo!

For all those applying for removal of stay already in place = ???

For all those applying for removal of any stay that may be granted =?

[jowalshy]

From what I can gather, if you make an application to remove the stay imposed it will be (I think) £35.00. To make an application for people to remove a stay that may be granted £65.00. This is what I think it means.

[Mostyn1704]

Hi Manic Have you had a letter from the courts yet saying a stay has been requested? I had a letter from DG, solicitors from HSBC (the only time they have ever written to me ! ) saying they are going to apply for a stay, but nothing yet from courts. AM going to phone courts tomorrow, and then submit the N244 - cost is £35 without a hearing , or £65 is you request it with a hearing I think, but will check with courts tomorrow

[manicblonde]

Hi All,

 

thanks for your help! More confused now than ever!!

 

Mostyn,

 

I've not had a letter but rang the courts and they tols me all the cases for the 14th had been stayed. I have got all my paperwork ready to go but just wanted to check the fee. If you find out this am what the fee is can you let me know please?

[freakyleaky]

I have read that the fee for all at cardiff for the n244 is being waived. Just ring the court and double check!

[manicblonde]

Thanks FL.

 

just rung Cardiff CC. There is no fee to apply for lifting of a stay at Cardiff CC!! Get in!!

 

Off goes my letters!

[cockneysparrow]

Go for it blondie, we're all behind you. Just think of all the pressure you're putting on all these who are trying to justify the way the banks are behaving & treating their 'customers'

[manicblonde]

Here is a copy of the covering letter I am sending with my forms. Do you think its a bit strong?

 

Dear Sir,

 

Claim Number xxxxxxxxxxxx and Claim Number xxxxxxxxxxxx

 

Please find attached Forms N244 in relation to both of the above mentioned cases along with supporting documents. I would respectfully request that these are passed to Judge Hickinbottom for his decision in this matter urgently.

Would you also please confirm that in light of there being over 600 of these cases that were listed for the 14th August, how it is now proposed the judge is going to be able to give each of the 600 cases the consideration it deserves rather than the use of a Blanket stay as per the directions of The Master of the Rolls as quoted below;

 

 

"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

My concerns in relation to this are set out in my part C statement attached as I really do believe that this stay would not maintain the status quo, as this stay favours the bank by preventing the claimant’s pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever.

Please note that I am unsure of what fees if any need to accompany these forms and therefore please contact me xxxxxxxxxx if fees are required in order to process these forms and I will ensure that payment is made forthwith.

I am not sure if this is appropriate and would liek a little advice if poss before I send it!

[Mostyn1704]

Hi Manic Looks like you beat me to the phone . They told me that you don't even need a N244 form (but I am using one just in case) , the £35 fee has been waived, also waived is the extra £30 that you were to pay if you wanted the applicatioon to be heard at a hearing with you there S, off goes my letter asking for the hearing. Your letter looks fine to me...oh and I was told there were over 700 of us down for the 14th !!

[Audreygreeneyes]

Manic before you send it have a look at my thread. you might want to include in part "C" the courts own procdures there might be something in there that you can use also if they faile dto serve on you anything ordered to by the court........

 

bril letter

[manicblonde]

Right my letters gone with the application to have stay set aside. Now I am going to write to the Master of the Rolls as per AGE pointer!

 

Can anyone let me know the address please?

[Audreygreeneyes]

The Clerk to the Master of the Rolls

The Master of the Rolls' Private Office

Room E214

The Royal Courts of Justice

The Strand

WC2A 2LL

[Audreygreeneyes]

there you go manic........... and might also be worth a comp to the oft as well:D and how about your MP:D cos I am going to do those as well

[manicblonde]

OK, In your footsteps I follow!! What court were you listed at?

[Audreygreeneyes]

Ipswich....... miles from you......

[manicblonde]

Letter to Master of Rolls done. Need to do some work now before I get sacked!!

[manicblonde]

Letter rec this AM from DG telling em they are going to apply for a stay, It appears they dont have to bother as the courts have already done it!!

 

I dont have the letter with me at present but the last paragraph mentioned something about the the ensuring the Stay does not adversley effect my claim. I am not sure what they mean by this as as far as I can see if its granted of course it will adversely effect my claim! Can anyone put this in plain English for a Dumb Blonde please?

[Noddy73]

What they mean is this - you'll wait about three to five years as

 

First Test Case - Are the charges illegal.

Second Test Case - What is a fair amount and interest.

Third Test Case - Six years or longer and from what date.