Has anyone had their case stay suspended?

haychee · 2 August 2007 at 9:48AM

Hi
Im a little concerned that my court date is now closing in. The date is set for 31st August and was set before the latest announcements. I have no allocation questionnaire and or no other correspondence since the date was recieved from either the banks solicitors or the court. I guess im still expecting to go to the court on the date, but with no AQ recieved im a little confused about it. I am in a position of financial hardship in the fact that both me and my partner have been out of work for sometime following his bankruptcy. We are now both working, but we are seriously struggling to pay our debts and cannot see how we will manage if we do not recieve this payout from the bank. Our outgoings are far higher than our income, we are continued to be charged for failed direct debits and late payment fees from our creditors. We were relying on the bank to pay out the claim so we could clear a few debts off and have a more even income v expenditure balance.
Shall i contact the court? or the solicitors? or what?

Any help or advice greatly appreciated.
I also will need a link or details of what i should be preparing if i will be going to court on that date. Ive heard references of a court bundle, what does this actually entail?

Thanks in advance

Beate · 2 August 2007 at 11:39AM

Did you receive a letter saying your AQ is dispensed with? That happens a lot. If your claim is over £1,500 you will still need to pay the £100 for it though. Make sure you have your court bundle ready, which bascially consists of your correspondence with the bank, your list of charges and statements and any legal documents that could help. Search this forum for "court bundle" if you are unsure about which they are.

haychee · 2 August 2007 at 12:01PM

Thanks Beate

No i have recieved absoloutely nothing since recieving the court date. Not one letter from anybody.

Should i ring the court to ask about the AQ and or case hearing??

einyuk · 2 August 2007 at 1:12PM

hi

did you recieve and order from the judge from the court regarding what to send to the court and the defendant 14days before the court date?
if so could you post the details up?

thx

haychee · 2 August 2007 at 1:47PM

I have just phoned my local court where i am due to attend a directions hearing in respect of my bank charges claim from HSBC. They confirmed that this hearing will still take place, but i should expect it to be put on "stay".

How can i object to the stay? I will be in financial hardship without the payout (£4571 without interest total claimed £5877.11 including the interest). I am seriously struggling with my outgoings after a long period out of work and need this money to get myself on a more even balance. If i have to wait, i will undoubtedly be charged continually throughout the stay from my creditors and my bank for late payments, missed payments and penalties.

Thanks in advance

Stokey125 · 2 August 2007 at 1:54PM

Me and Martin are not in total agreement on this. Arguments which you can deploy as to why there should not be a stay can be found in this thread http://forums.moneysavingexpert.com/showthread.html?t=514206&highlight=arguments+against+stay
I am not sure how these arguments will work but you are welcome to try them. Others might have better arguments. Let us know what happens.

haychee · 2 August 2007 at 1:57PM

No ive recieved nothing at all from anybody since the arrival of the court date letter. I have no information on what to bring or to provide.

I have now spokent to the local court who have told me to attend as planned on the date stated, but to expect the case to be stayed! I cant afford a stay and am worried sick! Does anyone know how i can go about objecting to the stay? I am in financial hardship in a big way!

einyuk · 2 August 2007 at 3:24PM

hope these help

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html#post732094

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

if you could post what the court letter says word for word i could help you further as to what you need to do

good luck.

haychee · 2 August 2007 at 7:16PM

I am due to attend a directions hearing for my claim against hsbc at the end of this month and am expecting to be told that the case will be put on hold or stay. I simply cannot afford to wait until the test hearing. I have debts coming out of my ears and the longer i wait the worse the situation will become. My finances are spiraling out of control at a rapid rate having been out of work for sometime.
My question is, to find out exactly how i can avoid a stay on my case. Has anyone achieved a stay suspension and what was the reason they agreed.

Stokey125 · 2 August 2007 at 9:05PM

haychee wrote: »

I am due to attend a directions hearing for my claim against hsbc at the end of this month and am expecting to be told that the case will be put on hold or stay. I simply cannot afford to wait until the test hearing. I have debts coming out of my ears and the longer i wait the worse the situation will become. My finances are spiraling out of control at a rapid rate having been out of work for sometime.
My question is, to find out exactly how i can avoid a stay on my case. Has anyone achieved a stay suspension and what was the reason they agreed.

Look at what I said on post 6 on this threaad in was in relation to another htread which you posted which has been merged.

Has anyone had their case stay suspended?

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