phoenix O/H v HSBC

[thephoenix]

Re: phoenix O/H v HSBC

Once time has elapsed, I'll be poking them with more than just a pointy stick :carrot:

...... and not a dancing carrot.

Thanks wendyb :okay:

[WendyB]

Re: phoenix O/H v HSBC

My sentiments entirely. Don't think a dancing carrot would have the desired effect somehow. How about this????:gun:. But if it does come to this can I buy a ticket please???

[thephoenix]

Re: phoenix O/H v HSBC

he he he... of course, ring side if you wish. :roll:

Free aprons supplied msl:

[thephoenix]

Re: phoenix O/H v HSBC

Ahhh good point.

CPR 27.11

(1) A party –
(a) who was neither present nor represented at the hearing of the claim; and
(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside (GL) and the claim re-heard.
(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.
(3) The court may grant an application under paragraph (2) only if the applicant –
(a) had a good reason for not attending or being represented at the hearing or giving written notice to the court under rule 27.9(1); and
(b) has a reasonable prospect of success at the hearing.

ok so assuming the above, I can only sumies that HSBC got their copy on the same day. So gives them till 8th Nov, 24 days days after judgment ????

[Paule]

Re: phoenix O/H v HSBC

ok so assuming the above, I can only sumies that HSBC got their copy on the same day. So gives them till 8th Nov, 24 days days after judgment ????

Thats may take on it as well, 14 days from receipt
so
Date of notice 22/10/07
plus 2 days in post 24/10/07
plus 14 days 07 or 8th /11/07

PKea

[thephoenix]

Re: phoenix O/H v HSBC

Although the order was made on the 15th

can we do the court for time wasting??????? :roll:

[thephoenix]

Re: phoenix O/H v HSBC

So as this was up front PPI, the original loan will to be recalculated. Anyone want to volunteer?

Forgive me if i'm being a bit Jim but Dim, am I right in the following calculation.

In the original agreement, they have listed the loan payments and PPI payment separately (both quoted as 14.9% APR)

Loan £4000
Total charge for credit £1580.60
Total amount payable under this agreement £5580.60
@ £93.01 p/m (60months)

PPI premium (including tax) £934.75
Amount of loan £930.00
Total charge for credit £367.49
Total amount payable under this agreement £1297.49
@ £21.63 p/m (60 months)


TOTAL AMOUNT PAYABLE £6878.09 @ £114.64 x 60 months

We had paid up until and including Nov 06 (total of 52 payments)

52 payments @ £114.64 = £5961.28

Total amount payable under this agreement minus the PPI = £5580.60

So we have actually over paid the loan agreement by £380.68

We should be due back, the judgment amount plus an extra £380.68

Thats what I make it. :roll:

In addition to this, the first request to cancel PPI and for refund due to miss-selling was
dated 04/01/2007. Now i assume they are entitled to add interest to outstanding amount
from last Nov 06 till account was placed in dispute on the 04/01/2007.

[thephoenix]

Re: phoenix O/H v HSBC

I think a letter should go to hsbc on this. Dont want to leave anything to chance. If I get POD for this letter, they cant argue that they have had no notice of the judgment.


claim number xxxxxxxx

You will be aware by now that a judgment was entered against you on 15/10/07 for £xxxxx. District Judge Merrimen ordered that the total claim plus cost totalling £xxxx, be paid to the claimant within 14 days of the order. Please see judgment attached.
If the judgment is not paid in full within 14 days from the date of issue, being the 15th October 2007, I will have no alternative but to issue a warrant to recover the full amount.
If this action is required you will incur further costs, and bailiffs will visit your premises to collect the monies owed if this is not forthcoming, they will levy on any goods present to the value of the claim.
I require a cheque made payable to Miss xxxxxxxx in respect of the judgment.



I look forward to your urgent response on this matter.

Your Sincerely

No further warnings will be given.

[thephoenix]

Re: phoenix O/H v HSBC

Afternoon peeps, found CPR 40.11 and feel as though this should apply to this case.

Time for complying with a judgment or order
40.11..... A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by installments);
(b) any of these Rules specifies a different date for compliance; or
(c) the court has stayed the proceedings or judgment.
(Parts 12 and 14 specify different dates for complying with certain default judgments and judgments on admissions)


I've attached the judgment order and as you can see there is no reference from when the 14 days to pay, runs from.
Now we complied to all orders and requested summary judgment. Defendants acknowledged, entered defence yet no bundle submitted or attendance of the hearing. So pursuant to CPR 27.11 they MAY or MAY NOT apply to have the case re-heard.

Setting judgment aside and re-hearing
27.11
(1) A party –
(a) who was neither present nor represented at the hearing of the claim; and
(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.


Now which would be the overiding rule in this case??????
If it's CPR 27.11, then they should have until 8th Nov ish to apply.
If it's CPR 40.11 then they are out of time, as the order was given on the 15th Oct.

I sent then a reminder for payment yesterday as well as a copy of the judgment, so at least they cant complain they didn't get a copy of it :rolleyes:


Do we order bailiffs in NOW???? or wait?

[thephoenix]

Re: phoenix O/H v HSBC

Afternoon peeps, found CPR 40.11 and feel as though this should apply to this case.

Time for complying with a judgment or order
40.11..... A party must comply with a judgment or order for the payment of an amount of money (including costs) within 14 days of the date of the judgment or order, unless –

(a) the judgment or order specifies a different date for compliance (including specifying payment by installments);
(b) any of these Rules specifies a different date for compliance; or
(c) the court has stayed the proceedings or judgment.
(Parts 12 and 14 specify different dates for complying with certain default judgments and judgments on admissions)


I've attached the judgment order and as you can see there is no reference from when the 14 days to pay, runs from.
Now we complied to all orders and requested summary judgment. Defendants acknowledged, entered defence yet no bundle submitted or attendance of the hearing. So pursuant to CPR 27.11 they MAY or MAY NOT apply to have the case re-heard.

Setting judgment aside and re-hearing
27.11
(1) A party –
(a) who was neither present nor represented at the hearing of the claim; and
(b) who has not given written notice to the court under rule 27.9(1),

may apply for an order that a judgment under this Part shall be set aside and the claim re-heard.

(2) A party who applies for an order setting aside a judgment under this rule must make the application not more than 14 days after the day on which notice of the judgment was served on him.


Now which would be the overiding rule in this case??????
If it's CPR 27.11, then they should have until 8th Nov ish to apply.
If it's CPR 40.11 then they are out of time, as the order was given on the 15th Oct.

I sent then a reminder for payment yesterday as well as a copy of the judgment, so at least they cant complain they didn't get a copy of it :rolleyes:


Do we order bailiffs in NOW???? or wait?

Any ideas on this one???? I could wait until the 8th (which would be the longest possible period) to send in bailiffs or go for it now as there time could be well up.

Which do you think would be the overriding procedure rule in this case??????

I have a feeling cuz we gave written notice of non attendance, we have initiated CPR 27, so they would get the 14 days to set aside ????????????????????????

[Amethyst]

Re: phoenix O/H v HSBC

Stop worrying about it...wait till the 8th and instruct bailiffs. Its more than likely they will apply to set aside.

Did you send the letter to them that we discussed before ??

Sorry just read more - Yes you did send it - Good. You gave them a date in that letter didnt you.?

[thephoenix]

Re: phoenix O/H v HSBC

Stop worrying about it...wait till the 8th and instruct bailiffs. Its more than likely they will apply to set aside.

Did you send the letter to them that we discussed before ??

Sorry just read more - Yes you did send it - Good. You gave them a date in that letter didnt you.?

Yes all done and not worrying. Just that if CPR40.11 is in effect the overriding rule, then they are well out of time and they CANNOT have the judgment set aside.

[thephoenix]

Re: phoenix O/H v HSBC

The post has arrived and as anticipated defendant has applied to have judgment set aside. It reads.....

We refer to your letter dated 29th Oct and write to inform you that we made an application on 24th Oct to set aside the judgmemnt dated 15th Oct. We understand that this application is imminently to be listed for hearing by L C Court.

Whilst this application is pending the civil procedure rules do not allow you to enforce the judgment.


I am really disheartened by our judicial system and getting really fed up with this.

Any comments please

[enaid]

Re: phoenix O/H v HSBC

As annoying and as frustrating as it is, it has become the norm now that they get away with everything except murder. I don't know if anyone will ever get these institutions to stop flowting the law, but I do hope they do and soon.

[Amethyst]

Re: phoenix O/H v HSBC

ah well thems the breaks....you knew it was likely.

Be interesting if he wants a set aside hearing or if he'll just decide of his own back. You are best off agreeing to the set aside as costs implications come into it if you refuse and then the court agrees at a hearing. And sadly it is likely they will get the set aside.

At least you still get your day in court - see if you can talk her into attending this time ? Otherwise you are going to have to leave it in the hands of the court and your written arguments.

If you do have to go to court - then the judge will more than likely allow you to speak for her.