Help please ! applicat for stay to be lifted -refused!

[eveb]

:confused:

 

Hi All!

 

I recently had communication that the 2nd bank charges claim against Barclays had been stayed, but was given permission to submit an application to lift the stay.

 

I duely completed and submitted the N244, and attached relevant documents as suggested on the site by Stephen Hone, and submitted them. However today i received notification that

 

" upon reading the claimants ex-parte application

 

It is ordered that

 

1. The applicat to lift the stay is refused.

 

This order has been made without a hearing under the courts case management powers contained in the Civil procedures Rule Part3.

 

You may within 7 days of the service of this order apply to the court to set aside or vary the order under Part23 rule 10, you must file with the court and serve on the other parties an application that sets out your objection.

 

When your objection is received the original application will be listed for hearing unless you ask the court to vary the order without a hearing.

 

Dated 20 August 2007. "

 

My questions arise from..

 

Am i correct in thinking i must/can still proceed to apply for stay to be lifted?

 

Any pointers to include apart from original reasons for lifting stay

 

Sounds like it would be best to ask for hearing ? so i can attend and present my case?

 

Suggestions will be much appreciated.

Many thanks

[zootscoot]

Hi Eveb,

 

Yes you do have the right to have a hearing for the lifting of the stay, however, if you have nothing more to add than what was written in your original application you need to give serious consideration as to whether it is worth spending the extra money (£65 non refundable).

 

Best wishes

 

Zoot

[eveb]

Thanks Zootscoot!

 

Ill keep that in mind! As it happens, I have quite a bit more I can say!

Ill keep you posted

X

[jansus]

hadyanth vs Lloyds TSB - Goodbye fingernails...

 

Any of this relevant to your case?

 

Jan