Kelvid123 v Halifax HELP! now filing at court

[**Tilly**]

hi kelvid

have a look in here

Stay Lifted At Eastbourne County Court

also have a look in here

New forum for stays

[Kelvid123]

Hi guys, well its been a while since my last entry. Today I received a letter from Hull County Court informing me that my request for a stay to be lifted is being heard on the 31st October. Does this mean I have to be present or are they heared by a Judge automatically and a decision made? Any information or advise on this next stage would be greatly appreciated.

[stonedecroze]

Hi guys, well its been a while since my last entry. Today I received a letter from Hull County Court informing me that my request for a stay to be lifted is being heard on the 31st October. Does this mean I have to be present or are they heared by a Judge automatically and a decision made? Any information or advise on this next stage would be greatly appreciated.

 

Can you post a copy of the letter here, it has been quiet around here Tilly and Overflow on hols, DK working nights and not a lot happening :D:D:o

[stonedecroze]

Bundle for stay hearing

 

Take a look in here it will be a big help!

[Kelvid123]

Ok, the letter is from Hull County Court and is headed 'Notice of Hearing of Application' and reads:-

 

"The hearing of the claimant's application for Stay To Be Lifted will take place on 31st October 2007 at Hull County Court

 

Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing."

 

Now I was under the impression that if you wanted to be present at the hearing it is initially a £65 fee and not the standard £35 and that you actually have to request to be there. Any ideas? As you can see the letter is very brief.

[Kelvid123]

I am having difficulty opening that last link up Stone.

[stonedecroze]

I am having difficulty opening that last link up Stone.

 

 

Bundle for stay hearing

[Kelvid123]

At no point in my notice of hearing letter does it say I need to attend, or even imply it so I shall give the courts a ring on Monday to see what the score is. That bundle looks soooo complicated!

[stonedecroze]

Ok, the letter is from Hull County Court and is headed 'Notice of Hearing of Application' and reads:-

 

"The hearing of the claimant's application for Stay To Be Lifted will take place on 31st October 2007 at Hull County Court

 

Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangements that may apply to your hearing."

 

Now I was under the impression that if you wanted to be present at the hearing it is initially a £65 fee and not the standard £35 and that you actually have to request to be there. Any ideas? As you can see the letter is very brief.

 

 

Your best bet is to ring the court Mate, I had exactly the same letter for my hearing but there was another letter from Blackpool court asking for another £30 for the hearing, have you had anything else?

 

my letter is as follows.

I refer to your application in the above case, which was refered to the District Judge for Directions. The District Judge has stated that the application must be on notice to the other party.

 

Your application is therefore returned herewith in order that you provide the court with:

an estimated length of hearing

the balance of the fee of £30.00 for an on notice application.

 

on top of that they set the date for 13 November, and I had already informed the court that I would be on holiday from 12 Nov. until 28 Nov. so I have now had to write to the court asking them to change the date. :o:o:o

[stonedecroze]

At no point in my notice of hearing letter does it say I need to attend, or even imply it so I shall give the courts a ring on Monday to see what the score is. That bundle looks soooo complicated!

 

 

It looks it, but it just involves a lot of printing, the important bit is the skeleton argument. you will only have half an hour maximum for the hearing and and the rest of the stuff is mainly back-up to prove the points you are making. Have a read of the last item on the list for the bundle article from USWITCH it is unbelievable!!

[Kelvid123]

Oh Oh, I just come off the phone with Hull Court and they say yes I got to go to the hearing on the 31st October and take with me anything I feel will make my reasons for wanting the stay lifted. Now I am freaked out!!!! Will be spending the next 2 weeks getting my stuff together and asking lots of questions on here. Anyone at same stage as me with advice would be greatly appreciated.

[Kelvid123]

Hi, please can anyone help. I am in court tomorrow for my hearing to have stay lifted on my claim. I have printed out and have copies of all correspondance received and sent between myself and Halifax. I also need for my court bundle a copy of the DPA 1998 and Human Rights Act. As both are huge am I to only print out relevant sections or do I need to take the full lot? Any other advice for tomorrow would be greatly appreciated.

[**Tilly**]

hi kelvid

have a look at stones thread post 632 i hope it helps

and good luck for tomorrow

[Kelvid123]

Well in court the stay was allowed to remain so what a waste of a day!!! I took my statements clearly showing my struggle to get out of the red among other paperwork including a demand from a debt agency but the judge was not interested in the slightest and are not willing to make any decisions until the test case. He-ho

[sea-sidelady]

Sorry to hear that kelvid.

 

But at least the interest will be slowly building for you. (small conselation, i know)

[**Tilly**]

really sorry to hear that kelvid

[overflow]

HI Kelvid

 

So sorry to hear that the stay wasnt lifted for you.

Its so nerve wracking to have to go to court and must be so frustrating for you not to get the result you wanted.

 

Keep your chin up though, your not alone and we all know that you stepped up to the plate when it mattered. Pat yourself on the back for giving it your best shot.

 

Regards

[Kelvid123]

Hi all, anyone any idea to what may happen in January when this test case goes to court? Is it def set for Jan as some are saying Feb? Hoping it gonna get resolved but its been so long already. Are the banks just having to prove how much it really costs for unauthorised o/drafts, bounced cheques etc?

[sea-sidelady]

Here is some reading for you.

 

The banks defence.

http://www.consumeractiongroup.co.uk/forum/general/113391-oft-banks-documentation.html#post1184504

 

In fact if you go to this link and scroll down to the O's, everything you need to know is there.

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/69359-cant-find-what-youre.html

[stonedecroze]

Hi Kelvid, yes the case is set for January, and yes among other things they have to prove that the charges are fair and do indeed cost what they charge us, that is one of the reasons that most banks have changed the wording in their T & C`s to service charges. The case is expected to last about a year, plus it could go on even longer if either side appeals the decision, so dont hold your breath, but the judge may make a ruling on current claims whilst the case is proceeding. At the moment we are all in the same boat, waiting for our money.

[Kelvid123]

It all seems to have gone very quiet now everyone is waiting for the test case. I havent heard of a stay been lifted for at least the last 6 months so looks like its going to be a long wait. Trying to look on the bright side that the longer it goes on my daily interest is getting added. Just as a matter of interest, if it turns out the courts agree the charges cost so much but not what the baks have said and we get refunded the difference, would we all have to start again or do you think those of us that have already got a claim in the courts we will automatically get paid out first? Was hoping to bring my wedding forward this year as I due £6k back but it not looking good at the mo

[deadlykiss]

hi kelvin

im not sure but im not holding my breath , im wanting to move out to NZ hopefully later this year but who knows , was hoping to pay few bills ect, then start process but???? well i hope your wedding plans still go ahead even if a lil later then expected , i wishh you all the happiness im expecting about 4k but with the interest ,, could be a lil more ,, all my plans are on hold til after this test case , even something would help , lmao oh well guess we hanging around as usual ,, take care and hugs xoxoxo

[deadlykiss]

oh tilly love the new icon ,,

[Kelvid123]

Well I have followed suit and sent off my petition letter relating to the court case being moved in a Resolution Centre rather then the HighCourt. Hoping if enough people pass the petition on our voice will be heard.

[**Tilly**]

Hi Kelvid

 

 

here you go

 

 

Bank charges stir 'hornets' nest'

 

http://news.sky.com/skynews/article/...301085,00.html

yes