Hearing to remove stay

[johnnymitch]

Yes I had two of these telephone hearings ordered , one for HSBC and one for Barclays. They were ordered to set these up and apparently it's dedicated connections for a set amount of time etc. and it's costly.

 

As you say pete, both chickened out and coughed up - but I don't know how they'll play this one now. Might it be worth an old-fashioned 'nudge letter/phone call' to DG pointing out that all this hassle and cost could be avoided if they just settle before the hearing date? - you never know.........they might make a 'Goodwill offer' .

 

It would be a good idea as you say, pete, to phone the court and ask just what action they want from you Penfold - then you can come back if you need further advice from there.

Sorry I can't be more specific, but since OFT got involved I don't think anybody knows which way the banks will jump.

 

(Mine was Hitchin County Court btw), but Luton CC was where Judge Abrahams ordered Barclays not to levy any more charges until the OFT case was sorted.

 

John

[johnnymitch]

I think you're right, Auburn, - although it may be better to catch DG in case they set the telephone thing in motion, - once they've done that they won't go back on it, - but give them an out beforehand...........?

 

I do think the Judge is doing you a favour, Penfold, he's probably hoping that they'll pull out as well. And as it worked just along the road in Hitchin .... might even be the same judge! Anyway, I think the first thing is to see what the court says and take it from there.

[johnnymitch]

You are right that this puts a different slant on it , Freaky, but they'd have to be pretty sure they're going to get this stay to lash out on a telephone hearing. Question is, if they don't set it up - what happens? Does the judge find for the claimant or just leave the stay in anyway?

 

You are also right that Penfold needs to be ready to argue against a stay anyway, in case they do set up the telephone hearing.

[johnnymitch]

Sorry ,Freaky, what I meant to say was 'they must be pretty sure they're going to get the stay upheld' - one word makes a difference doesn't it!

[johnnymitch]

Sorry I don't know Penfold - maybe because it's got to be a dedicated line specially set up - but I know the banks paid up rather than do it....

 

Ps Thanks to whoever gave me a rep tic ?

[johnnymitch]

Freaky, I just don't know! I just got the impression that when the judge ordered one in my case (twice), they came back immediately with an offer. 1x Barclays, 1x HSBC

 

It may be the hassle of setting one up, bearing in mind what solicitors charge for an hourly rate or it may be the cost- but I don't think I've ever heard a price mentioned :?

 

Have we got any telephone engineers or sales people on the forum who could tell us?

[johnnymitch]

theres a couple oif links... with some info on them.... not sure if DG will use BT

 

You're a little beaver,Auburn, digging out that lot.........

 

Well, these options seem to be as cheap as chips, so not sure where the cost comes in? BT is apparently 80% more than the first one, but even that's not bank-breaking - Oops! sorry, no pun intended!

 

Be interesting to see what information the court give Penfold .........

[johnnymitch]

told DG to ring me too

 

I wouldn't wait for them to tell you the arrangements, Penfold they'd like nothing better than a hearing without you there...... I think I'd e-mail(with receipt request) or fax them for details of what they're setting up and when - that way if they don't answer you've got proof that you asked.....

[johnnymitch]

fully expecting them to play the game

 

 

S'cuse me while I change my pants! Tell me you're kidding........LOL :grin: :grin:

[johnnymitch]

guess next month we will have a better picture after a few people get their hearings...

 

 

 

Sorry, you're right, Penfold - my son is one of them.......

 

I guess I'm just an old cynic LOL! - comes of dealing with banks for the last year and reading the posts of people who they've ruined, lied to and misled, whilst plundering their accounts with unlawful charges.

[johnnymitch]

on the other hand how do you tell a judge that .

 

It could be worth trying the old tried and trusted Army approach Pete,

 

i.e. prefix your points " With all due respect to Your Honour, ..." then say what you need to get across. .. . it used to work for me ! LOL

 

Seriously though, I've heard this used in court too, many times, by barristers.

[johnnymitch]

Yep! All the best Penfold, hope it goes OK for you - I'll be interested to hear how a telephone hearing actually works....... I never got that far with my two.......

[johnnymitch]

Hi Guys,

Do you think those 'August' bodies would survive the backlash of public opinion if they indulged in a sell-out like that? With media support it would expose them to intolerable publicity and even jeopardise their very 'reason d'etre'................

 

Incidentally , on another note, I think the third last line of Penfold's letter should read 'merely' not, 'mealy' . Oops! and 'forgoing' should be 'foregoing'

 

It's a good letter though, I hope the judge nails their hide to the wall - devious b***ers...........

[johnnymitch]

And stop speaking french! It doesn't sound right in your scottish accent!:grin:

 

Oh, Awrigh' , Monsoor Freaky! :D

 

As for spelling mistakes...ooops....Gone to the Judge already...hope he understands...LOL

 

Not to worry, Penfold, hopefully it will bring home to the Judge that we are just ordinary people with a genuine grievance, not one of those 'high flying barristers' that Pete was talking about..........

[johnnymitch]

I've just realised I owe you an apology Penfold, :o - it wasn't you who introduced 'mealy' and 'forgoing' ...... it was pete! And chris - aka Jailbird carried it on.......... .

[johnnymitch]

 

I should jolly well think so , Mr Castlebest............. Laffin....

 

 

Funny that, pete, I just this second logged in and caught your reply even before I got the e-mail......

 

But must go ,I'm off to Hitchin early in the morning... g'night mate , enjoy the rest of your weekend.

[johnnymitch]

Jonny you are close indeed...Did not realise, how have you found our District Judges? Or the Hitchin ones nastier...lol?

 

I dealt with the County Courtin Hitchin - on behalf of both my daughter and her husband - they couldn't have been more helpful - however HSBC & Barclays both paid up about 3 weeks before the telephone hearing was to take place so I can't really say what the current trend is there (this was back in March /April I think)

 

The judge at that time seemed to want to scare them into paying up - he told them he was going for telephone hearing & fast track for my daughter , for £850 ......... and they folded fast........

 

But I think judges have been given instuctions from higher up now, although the MOR would deny it until hell froze over!

[johnnymitch]

Hi Jonny

 

How you doing ? Hope you ok.long time no hear:grin:

 

Chris

 

I feel all the better for you asking , Chris ,thanks - pm me when you've got time, let's know how you're doing

[johnnymitch]

It is annoying, Penfold - if it was you or me messing the courts about like that - the case would just be struck out summarily. But these smooth-talking legal eagles may lie their way out of it yet again. Let's hope not.

Keep us posted please...........

[johnnymitch]

We can but wait and see for the moment , Penfold - hope you've got a judge that's fed up with the banks messing the system around - but I still think a blanket instruction 'came down from above' as it were, so these kind of judges are as rare as rockin' horse s**t these days LOL

[johnnymitch]

Hi Prabs,

 

This is why Auburn (audreygreeneyes) was so incensed when it happpened to her - she nearly spontaneously combusted - the court was ignoring it's own CPRs (court procedural rules) which worked to the advantage of the banks.........................

[johnnymitch]

Courtesy of Photobucket , Prabs!

[johnnymitch]

I will post the full order when I get it in next few days I hope so we can rip it apart for positives...

 

Pete is definitely your man for that, penfold, - if it's there, he'll find it......

btw thanks for the tip............

[johnnymitch]

by castlebest: we have seen by all of the court reaction stay appeals to date the judges just want this to go away even when there is evidence of abuse of process, I think with the test case starting next week you might be better waiting to see what happens.

 

I would agree with pete on this one penfold. as blatant example of what he's saying, look at:

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/113441-judge-stayed-case-but-new-post.html

 

It's a hiding to nothing whichever way you go at the moment:mad:

[johnnymitch]

It'll have them squirming a bit anyway Penfold - and that's always a good thing............ . They should know (being solicitors) that you can only play the system so far ........then.... Bang!

I really hope they judge has 'em for breakfast. LOL!

 

Oh, and Good Morning to you too, Pete!