HSBC trying to enforce a stay

[brianwillaims]

Hi, I'm at the stage where HSBC said they would defend my my claim, sent D&G & Court my court bundles. D&G then wrote saying HSBC were going applying for a stay. Since then not a word, but now, they have failed to send me their defence paperwork by the allotted date, instructed by the Court. So have written to the Court, informing them that HSBC is in default and that I am against any stay of the hearing, which is just under two weeks away now. and have asked the Court to rule in my favour. Has anybody got any other suggestions?

[livelylad]

Do you have a hearing regarding the stay?

[brianwillaims]

Hi, Thanks for your reply, No have not heard anything from the Court, sent letter to court yesterday, informing them that I have not received Bank's paperwoork by date they instructed. There's only 8 working days now to court hearing.

[Audreygreeneyes]

brian just a cautionary note, they might not responde to a letter........maybe you should also think about dl the form from the hmcs website adn either post it so they get it tuesday or hand it in.........

 

my reason for saying this is in my calim sent a letter to the court when this happened . no action was taken............and thye could still apply for a stay did so in mine less than 24 hours before it.............

[lateralus]

also this:FSA: HSBC Bank UK

it's from their website stating how they will proceed - and part of it is - that normal timings don't apply - i take that to mean - they can play fast and loose with the normal rules while all this is going on and will probably be allowed to from what we've seen.

i'd say keep going until all routes are exhausted but don't be surprised when you run up against a big wall called stay.

[Audreygreeneyes]

[chipper99]

Hi Brian. Have a look on my thread. I actually have a formal document saying that I had received judgement in default and defence had been struck out. A few days later HSBC made a request for judgement to be set aside saying they had sent in AQ on time. Since then the court has said all claims are being stayed inc. mine!!! It seems anything is possible.

[Audreygreeneyes]

we just keep appealing the stays........... keep asking for hearings.........remember court dates for stay hearings at the moment ar comingout for nov............... the courts thought they would have free time.........

 

if everyone keeps appealing we keep this high profile in the courts............ tyhey will get fed up again!!!!!!! which is why we are here.......and by january if nto before it the OFT just might have to do somethgn

[lateralus]

and personally, i think it is just plain wrong the way they are using the test case as an excuse for everything. i've said for a month now - common sense and common decency would dictate some fair play here but they seem to wriggle out of everything we throw at them and the courts aren't a lot better - though some have ruled in favour of common sense. keep appealling to the judge's common sense and remind them you are a litigant in person - which means you are a little guy and not expected to know everything about all of this. it's the best i can offer - but surely cool heads will prevail eventually!

[Audreygreeneyes]

my sentiments exactly lattie, we keep applying for hearings with regards the stays..............keep complainingot the OFT, FSA where it looks liek HSBC have breached the "waiver"....... also maybe we should perhaps consider some type of petition template....

 

One thing is for sure, the courts thought this would go away and it has not, maybe those who have been given stays till March 08 mightbe able to do something once the hearing is January is over!. my own feeligns are that HSBC and the others are using this time to thrash out an agreement with the OFT..........

 

Sending Barristers to stay hearing the length and breadth of the country is costing them, a huge amount of money, which has got to be hurting.......again only my view but if they were not seriously worried would they be spending all this extra money???

 

this is going to seriously hurt next yeras profits!!!!!!!!!! it also says to me that they are seriusoly worried about the test case, look at that letter that was posted here yesterday and the language used................

 

clear intimidation tactics.......... accept this offer or you could end up paying our courts costs.............

 

gets off her soap box

[brianwillaims]

Thanks guys, I thought that if they didn't send me their defence papaerworj by the allotted time, as they would be in breach of the Courts directions, I'd be in a stronger position and could get this done and dusted. Silly 'Ole me - it seems the banks can do what they like and flaunt all the rules!!! Audrey can you enlighten me who'ts a dl ? and thanks everyone for your help.

[Audreygreeneyes]

brian as I am not sure how dl got into it am guess it is something I have siad which must be down load. being lazy typed dl. does that help...........

 

and no you are correct brian you are in a stong position.................... if they faile dot comply and the judge stillgranted the stay, then consider going ot the MOR and the senior circuit judge in your area................

 

I would take you doc showing that you have judgement ot the court adn insit they comply and point out exactly what you will do if they dont:):)

 

am sure they would nto like it in the papers??? and oyu do not have to have your nmae printed you know. the dail mail is a champion of bank charges:)

[brianwillaims]

Hi Angela, thought I'd clarify whereabouts i'm at, I been given a court date, I have sent my court bundles to both HSBC and Court nearly two weeks ago, after DG recieved it had letter back, saying they had received my paperwork, but on behalf of HSBC were going to apply for a stay, since then they have failed to furnish me with their defence paperwork by the date instructed by the court. So I have written to the court saying that I do not feel the bank has a right to apply for a stay, cos, of the courts and mine time and costs, etc and also that the bank has defaulted by not adherring to the court deadline. So far I have had no word from the court saying the bank has been successful in it's application for a stay and plus now I'm at a great disadvantage as haven't received banks paperwork. And as far as I know the original Court Hearing is still in 8 days time.

By the way I can't seem to find the right form you were talking about. I'd be very grateful if you could let me know the form number and sorry I'm not good with abbreviations, wot's MOR? I must admit I'm getting a bit fed up with all the paperwork, but then I think No I must fight on, and then I think WHY? But,these banks seem to be using every trick in the book and getting away with it. If I had'nt bother to submit my paperwork- my claim would have been thrown out. How can the banks get away with it!!. Sorry I get off my soap box now - it's your turn

[Audreygreeneyes]

ok........ here is my story this will help you. adn I am not alone......... started thisn in January.... 15th may DG were ordered to submitto myself and the court............ the prelim hearing was the 7th august. they had til the 24th july to submit ot the court and myself details in which determine hte issues in this claim............. alternatively the Defendant(DG) shall file with the court and serve upon the claimant(me) draft directions for this case to proceed as a test case.........

 

they did neither....... I wrote to the court askign for their defence tobe struck out. no response........... I submitted my representations to both DG and the court as ordered to do so on the 1.8.07 a day early.......... jusdge was in the court on the 2nd.......... but for what ever reason and I dont know that yet..........it wasnt looked at..............3rd DG submit a request for a stay. now I have not been served with any paperwork from them in this regard. am not sure if I should..........monday the 6th judge looks at their stay request and grants it.............

 

I have file dmy N244 (this is the dorm you need) and have a date in october for a hearign to have the stay set asdie.........

 

so do not be surprised if they stay it at the last minute just be prepared for it, so you can respond.............

 

WHEN YOU FILL OUT THE N244 YOU MUST ASK FOR A HEARING. THIS IS VITAL...........AS DG/HSBC HAVE TO ATTEND:):). WELL THE COULD NOT TURN UP........HAHAHAH

 

THEIR CURRENT TREND IS TO PAY BARRISTERS TO TURN UP...........

 

believe me I know how you feel, when it happend you have no idea just how much of an impact it had on me.. but I came back thanks to lattie, uncle pete,pd and freaky and johnny and a few others.........

 

thisis what they are hoping for. the more ppl who fall by the wayside the better........... do you really think if the bank were 100% convinced of their right that they would be going to all this bother?????

 

so chin up and onwards and upwards dear boy:)

[brianwillaims]

Angela, Thanks for all your help. as you say onwards and for ever upwards. I'll be in touch

[pinkduchess]

whose angela??

[johnnymitch]

Don't tell me Audrey/Auburn has changed her name again......:o

 

gets off her soap box

 

I love it when you're on your soap box Auburn!

 

 

PS - thanks for the mention in your earlier thread - Seriously, it's an honour to be mentioned along with Latty, Pete, Freaky and PD who have done so much for morale and encouragement on this site.

[brianwillaims]

oops!! did I say Angela, sorry Audrey - obviuosly all this stariing at the screen, has temporarliy blinded me - mind you my eyesight is failing - think I've aged alot since taking on the banks - Thanks again.

 

PS:- If anyone else has words of encouragement or ideas I'd love to hear from you.

[brianwillaims]

hi, again need some more help I've completed form N244, and I'm just looking at the printed copy, cos as you know my eyesight failing and I see now it says send relevant fee and any draft order and other evidence sufficient for service on each respondent What? not more paperwork. Since they've all got my court bundles isn't this sufficient or do I need to send more and if so, pretty please - help me!!!!!

[Audreygreeneyes]

Oi u lot , leave the boy alone,,,,,,, I knew who and what he ment.... and wasnt picking him up on it............. and hey if he wants to call me Angela than so be it. maybe he sees me as an anglea or shoudl that be angel???????

[Audreygreeneyes]

Don't tell me Audrey/Auburn has changed her name again...... ....No I didnt you......the man was all stressed and upset.

 

 

PS - thanks for the mention in your earlier thread - Seriously, it's an honour to be mentioned along with Latty, Pete, Freaky and PD who have done so much for morale and encouragement on this site. you are welcome..........:)

Quote:

gets off her soap box

I love it when you're on your soap box Auburn! just so long as you dont throw water on me while am on it!!!!!

[Audreygreeneyes]

What I do know is I would not have been back if it had notbeen for them...........I would have walked away........

[Audreygreeneyes]

oops!! did I say Angela, sorry Audrey - .. its cool honestly. I knew you meant me:)

 

obviuosly all this stariing at the screen, has temporarliy blinded me - mind you my eyesight is failing - think I've aged alot since taking on the banks - Thanks again...... havent we all !!!!!

 

PS:- If anyone else has words of encouragement or ideas I'd love to hear from you. you are doing great.................. and willget there in the end like all of us..............:)

[brianwillaims]

cheers Audrey,for sticking up for me and you are an angel, errr.. especialy if you can help me out with wot they need with this form - I've opted for the choice 'without a hearing' or am i just a coward to do so, but time is precious and limited. thanks again, Audrey/Angeleyes

[Audreygreeneyes]

its not a question of "cowardice"........... if you do that you are allowing the judge to decide..............

 

the whole point of asking for the hearingis that you get your day in court. and get to argue face to face............

 

this is only my view but the court couldlook at it as well they couldntbe bothered to put up a real fight.....

 

at the end of the day it is your call......... you will get the help you need from this site adn from me in areas I know............:) which aint much........lol