If someone could help me please?

[killersla]

Hi my name is graham K and have been put on to this site by that martin lewis site. Anyway i was hoping someone could help me with a few issues regarding 2 claims i have currently stayed with my local county court.

Case 1.

Me vs hsbc total claim with intrest and everything is for £1300. Now i understand it might be possible for the stay to be lifted due to finacial hardship. Now i no longer have a bank account with hsbc, our debts are out of control and our main debts have been passed on to a debt managment team and the bank we are with now natwest are charging us every mounth when the bills come out but we have never got enough to pay we are really on the bones of our bums here would the judge consider my circumstances to have it lifted?

Case 2.

Me vs Monument

Now this is a credit card company who are part of barclays total of claim £700 now the same judge as above has put a stay on this claim aswell even though its for credit card charges and not current account i did wright a letter to the court manager explaing this but just got a letter back with a form saying pay £75 and explain why you want the stay lifted, now as you can probably see from above i just havent got £75, now this case got stayed about 2 mounths ago.

I was just going to wait a see what happens in the court case but our finianical position is getting worse and worse to the point were we have to borrow money to get baby food shorley there is a way to get these stayes lifted and attempt to get this money which we truley need asap.

All and any help would be great.

Regards

Graham K

[enaid]

Re: If someone could help me please?

Hi Graham,
Your CC claim should not have been stayed and I,m sure we can get you on the right track with that.
As for Natwest, they will keep charging you, you may be better off with a no frills account for any benefits you are receiving. Also if you can find alternative ways to pay if you are paying by DD at the mo.
Anyway I will get someone with a bit more know and we will see what can be done Enaid xx
We are going to need a little more info from you I think

[killersla]

Re: If someone could help me please?

Thanks enaid for a speedy reply and i really appreciate any help you or anyone else can offer me and ofcourse if you need anymore information just ask.

Regards

Graham K

[Sapphire]

Re: If someone could help me please?

Hiya Killersla

Please start a thread in the Debt Forum hun, if you can list all the debts that you have we can go through them one by one and see if there's anything that can be claimed back, ie charges/ppi etc. Also if you can do a I/E as well we can hopefully help there as well, and see who best to pay first etc.

As Enaid says you'd be better of with a no frills a/c. The Nationwide flex a/c is excellent and you can do online banking, direct debts and BACS payments etc and that will stop Nat West getting their grubby little hands on your money.

They Key on here is to have a separate thread for each thing ie Debts, Nat West, Monument etc etc.

Lastly don't panic there's nothing that can't be sorted eventually, it just takes time hun.
Do all those little tasks, have a cuppa and relax.

[killersla]

Re: If someone could help me please?

hiya sapphire we have 3 main debts amounting to just under £20,000 and i know there is no ppi or any charges we could claim back been down that road already and the debt has been passed to a debt managment team so they are dealing with that we just have to pay so much to them and they pay each company so much so im afraid thats all we can do with that. I appreciate your offer for help but i just want to concentrate on my court cases

regards

Graham K

[Sapphire]

Re: If someone could help me please?

Okies hun your welcome i'm not personally 'up' on the stays and hardship side of things, but I know someone will be along v soon with great experience on these matters.

[Amethyst]

Re: If someone could help me please?

Case 1.

Me vs hsbc total claim with intrest and everything is for £1300. Now i understand it might be possible for the stay to be lifted due to finacial hardship. Now i no longer have a bank account with hsbc, our debts are out of control and our main debts have been passed on to a debt managment team and the bank we are with now natwest are charging us every mounth when the bills come out but we have never got enough to pay we are really on the bones of our bums here would the judge consider my circumstances to have it lifted?

Unless you are on benefits solely then at the moment theres not a lot going on with hardship claims, scooby might have some other thoughts on that side of things, but for now your best bet is damage limitation. As Sapphy said - get your income into a safe account and make arrangements to pay off OD. Then at least YOU have control of how much they take off you each month. Stop using DD's as much as possible too.


What debt management company are you with?

Case 2.

Me vs Monument

Now this is a credit card company who are part of barclays total of claim £700 now the same judge as above has put a stay on this claim aswell even though its for credit card charges and not current account i did wright a letter to the court manager explaing this but just got a letter back with a form saying pay £75 and explain why you want the stay lifted, now as you can probably see from above i just havent got £75, now this case got stayed about 2 mounths ago.

Yes this shouldnt have been stayed. The application to lift the stay would be £35 not £75 and if you are in hardship it is covered by exemption, so you would use an Ex160 form for this. If you want to do this we can go through the application with you.

[killersla]

Re: If someone could help me please?

thanks for all the info we are with pay plan for the debt managment.
So i presume i have to go to the court to pick up one of these Ex160 forms?
And yes would be great if you could help me with filling it in.

i do have an abbey account thats not been used for a while i will start putting all my money in there cancel all direct debits and pay over the phone i think thats the best way to do this.

[Amethyst]

Re: If someone could help me please?

Nope you can download a copy from HMCS....will get link

http://www.hmcourts-service.gov.uk/c...orms/ex160.pdf



N244 is http://www.hmcourts-service.gov.uk/c...rms/n244_e.pdf - you want without a hearing....

fee structures changed a little recently. Looks like ti is £75 but I will check it. I know its by the by if you are eligible for EX160 anyway.

Applications
• To apply on notice for judgment to be set aside £75
• To apply to vary a judgment or suspend enforcement £35
• To make an application on notice £75
• 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. £40
This does not include requests for judgment on admission or
in default for which no fee is payable


Re Using your abbey account - yes that probably is the best way to get control back. Make a date on your calender each month to pay everything and stick to it.

[enaid]

Re: If someone could help me please?

You can ge the form on line killer and print it off

http://www.hmcourts-service.gov.uk/c...orms/ex160.pdf

[killersla]

Re: If someone could help me please?

ok ive had a look at the ex160 and printed it off. What do i put in the question "What is the title or number of the form you need the court to issue?"

Also aswell should i fill the form in about wanting a "without a hearing?"
------------------------------- merged -------------------------------
also question 4 at the bottom how do i know if my annual income exceeds the stae limits, also it refers to a booklet for guidence how can i see that?

PS thanks for all your help i do appreciate it

[Amethyst]

Re: If someone could help me please?

N244

YES But we'll need a bit more about your claim first. I'll get an idea of what to put on the application detaisl bit for you.


Ummm will find booklet for you too.

[Amethyst]

Re: If someone could help me please?

http://www.hmcourts-service.gov.uk/c...s/ex160a_e.pdf

You want to see page 10

[Amethyst]

Re: If someone could help me please?

Okay this is the letter

Dear Sir

I write to confirm the receipt of your order for my claim number XXXXXX.

I note that the order is for my claim to be stayed pending the ultimate determination of Commercial Court Litigation, brought by the Office of Fair Trading and the Financial Services Authority, relating to the matter of the application of the law in respect of unauthorised overdraft charges on current bank accounts .

The test case quoted in your order (to be held between the OFT and the banks) which is proposed to be heard between January and February 2008 in the Commercial Court, will not raiseany issues relating to my particular claim.

I wish to make the court aware that my claim does not relate in any way to unauthorised charges on a current bank account. It is a claim for the return of disproportionate charges levied for defaults on a credit card.

The OFT has previously investigated the level of charges levied in respect of credit cards (April 2006) and in view of this report, credit card claims are not proposed for inclusion in the forthcoming OFT test case.

Following this report, default charges have been broadly reduced to around £12. However, I still believe these charges to be punitive in nature and not a genuine pre-estimate of cost incurred by the credit card company. I believe they exceed any alleged actual loss in respect of any breaches of contract on my part and are not intended to represent or relateto any alleged actual loss, but instead unduly enrich the credit card companies which exercises the contractual term in respect of such charges with a view to profit.

In order to amount to lawful liquidated damages it has to be shown that the charges applied represent a genuine pre-estimate of losses (per Lord Dunedin Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79).

I therefore respectfully request that the ordered stay on my claim number xxxxxxx be lifted and my case allowed to proceed without delay or reference to the pending test case .

I thank the court for its time and consideration in reviewing this matter and hope this clarifies the particulars of my claim.



Yours faithfully

But as you have already done that you can amend it to be an application. Unless you want to try again with a letter ? guess it depends if your EX160 works out you have full fee remission.

[scoobydoo]

Re: If someone could help me please?

A couple of questions

1)Have your financial problems been caused by a major change in circumstance?
2) Have you ever identified yourself to HSBC as havinging financial difficulties? And by that I mean by official letter -- and then them asking you to complete an income and expenditure form?

As it stands at the moment I dont think the stay can be lifted - The terms of the waiver stated that " hardship claims" shuld be filtered and dealt with by the FOS .

We have some exmple letters to try.

Unfortunately the results have not been consistent - but in the absence of any decision on the stays for the sake of a couple of letters it is worth a try.