Applicat To Have Stay Lifted -refused!

[evie5638]

#38 (permalink) eveb
Basic Account Customer

Join Date: Sep 2006
Posts: 7



Applicat to have stay lifted-refused
Hi All,

I attended a hearing this week at Gloucester County Court for Application (under rule 23) for lifting of Stay which had been placed on my claim.

1. The bank HBOS failed to arrive
2. THe judge refused to lift stay on the grounds that 'a case had been heard in Leeds ' recently in the supreme court, where it was ruled that stays were to remain in place. The judge asked me if I had heard of this case, and I said no.
3. He said that the precedent for refusal for stays to be lifted had therefore been set for county courts by this case.
4.I was taken aback as I had not heard of this casr, so was unprepared for his refusal.
5.The applicat had been made on several grounds including
a.)real financial hardship , backed up by documents,
b)the failure of the bank to provide bank statements under the Data Protection Act (claim instituted in Sept last year and HBOS still has not supplied statements!!!!) Had reported them to the IFO, who are currently still looking into it.
c.)The default notice they had placed was unlawful.

I pointed out the banks failure to supply the statements on the running of this account, despite many many requests for over 1 year , but he said that my original Partic of Claim did not provide for a demand that the bank supply the statements, therefore he could not give a ruling for the stay to be lifted on those grounds....
My original partic of claim had to be made on the ' claim of not more than £5000.00 as the bank statements have to date not been supplied by the bank' principle.

I told him that HBOS collections dept were harrassing me with continued calls for payment, despite my letters to them saying this account is under dispute, etc, and no more payments would be made etc.

He said all he could do was to issue an order that HBOS no longer are permitted to harrass me for the debt until the test case is heard...

I left the court almost in tears , feeling that the justice system had somehow failed the man in the street.

I was wondering whether I can LODGE AN OBJECTION TO HIS RULING or alternatively now MAKE AN APPLICATION FOR AMENDMENTS OF PARTICULARS OF CLAIM to include the demand for the bank to supply the staements?

After I left the court I felt so frustrated and defeated, but im now willing to keep going -SO ANY SUGGESTIONS WOULD BE VERY WELCOME.

apologies for the lengthiness of this post !

Take care and good luck to the rest of you.
Thanks.

[Amethyst]

Re: Applicat To Have Stay Lifted -refused!

Well thats good that HBOS been ordered not to hassle you....and the interest they stack on can be claimed back.

Right we need to know a bit more of your personal circumstances

Feel free to PM if anything you dont want public.

Are you on benefits ? If so which ones - what income do you have coming in to the household ? I assume you are for claiming real financial hardship originally. I believe you have either 7 or 14 days to appeal to vary this order so we need a copy of the order judgement from the court and need to move quite quickly. PM me with as much info as possible and I promise we will have a serious look at it for you and will be completely honest with you about the likelihood of getting the stay overturned.

Will try and find out about this Leeds case .... If its the main one that happened a few weeks ago then no, no precedent was set....

If you cant get it overturned, then you will keep gaining interest, and any further interest added or more charges can be reclaimed once the stay period is over.

Now this non compliance with the DPA and claim for any amount up to 5k - we can take HBOS to court for this breach of the DPA....so any more details on dates letters etc you have submitted to them would also be of great help. If the stay isnt overturned we can deal with that in the meantime.

I'm sorry you had a rubbish experience in court, and typical of HBOS not to show up the swines.


PM me or write back on here xxxx Welcome to LB xxx

[pam1]

Re: Applicat To Have Stay Lifted -refused!

Hi Evie
Also sorry you had a bad day in court, but you still had a win.:carrot:
HBOS not being allowed to chase you for the debit while the test case is pending, surely something could come off the back of this.

If a judge sees fit that no action should be taken to recover debt wrapped up in this test case, then surely thats touching on the edge's that no actions should be taken place at all on accounts including interest and disputes should be upheld.

The justice system does'nt exist in a fair balance for the man in the street. So good on you for reminding them we are still here and still expect it to change

Its about time a no show in court, became an automatic strike out of defense and a relinquished hearing. I personally think the bank would of been informed of the outcome of your case before it was heard.

Still you must Pat your self on the back, it takes a lot of nerve to get to the court step when your a man on the street.

Look for all their weaknesses now and kick um hard with the steel toe cap non harassment order and shout you can't touch me..... nah nah nah nah nee:okay: