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    • omega3dave
    • By omega3dave 22nd Nov 17, 8:29 PM
    • 105Posts
    • 18Thanks
    Application to lift stay - what next?
    • #1
    • 22nd Nov 17, 8:29 PM
    Application to lift stay - what next? 22nd Nov 17 at 8:29 PM
    I have received letter from solicitors, dated 10.10.17 :

    We enclose by way of service a copy of our Application Notice and supporting evidence which has been filed with the Court today. We have asked the Court to deal with the Application without a hearing as we do not consider a hearing is necessary. Once this has been referred to a Judge, he or she should then either make an Order in the terms requested or they may decide that the application needs to be considered at a hearing. Either way, you should receive an Order from the Court in due course which confirms the decision made.
    I have also received notification from local court, dated 4.11.17 that request has been made for summary judgement.

    I have not received any correspondence since 5.11.17

    this has been stayed for around 18 months. I have ignored all their bs letters. I entered defence of statue barred. They seem to have produced some dubious bank statements to indicate that last payment was made 5 years ago. My records show last payment was lot longer than this, over 15 years ago.

    do I need to contact the local court and submit evidence ?

    please, all advice appreciated
Page 2
    • omega3dave
    • By omega3dave 11th Mar 18, 9:55 PM
    • 105 Posts
    • 18 Thanks
    Point 1 should include the date of their court claim. You said it was 18 months ago but your document says 20th March 2018
    sorry, my mistake. 20th is when hearing is, I will correct

    this was a loan, not credit card

    many thanks FB, I will post off tomorrow to court and their solicitors
    • omega3dave
    • By omega3dave 12th Mar 18, 10:57 AM
    • 105 Posts
    • 18 Thanks
    just polishing off the statement today

    just one final clarification, so where I quote s78, I just change this to s77 (as this was a loan, not a credit card) ?

    thanks in advance FB
    • omega3dave
    • By omega3dave 12th Mar 18, 3:38 PM
    • 105 Posts
    • 18 Thanks
    Hi FB

    please can you give my witness statement one final check before I post tomorrow,

    I am bit confused whether I have the s77 or s78 parts right,

    (this was definitely a bank loan, not credit card)

    thanks in advance
    • fatbelly
    • By fatbelly 12th Mar 18, 10:22 PM
    • 12,040 Posts
    • 9,101 Thanks
    OK, it's a loan, so it's s77

    Point 1 should refer to s.77(1) or you could refer to the whole section as s77-79

    Point 5 - you want to refer to the loan section so

    5. Consumer Credit Act s.77(1) states
    Duty to give information to debtor under fixed-sum credit agreement. (1)The creditor under a regulated agreement for fixed-sum credit, within the prescribed period ... (copy from my previous post)

    point 6 is not quite correct:

    6. The Claimant has failed to comply with s.77(1) of the Consumer Credit Act 1974 and by virtue of s.77(4) Consumer Credit Act 1974 cannot enforce the agreement.

    point 7 should read

    7. Consumer Credit Act s.77(4) states;
    (4)If the creditor under an agreement fails to comply with subsection (1)—
    (a)he is not entitled, while the default continues, to enforce the agreement;

    the rest is fine
    • fatbelly
    • By fatbelly 12th Mar 18, 10:26 PM
    • 12,040 Posts
    • 9,101 Thanks

    point 11 should refer to s77(1) or s77-79, like point 1
    • omega3dave
    • By omega3dave 12th Mar 18, 10:38 PM
    • 105 Posts
    • 18 Thanks
    many thanks FB

    all down hill now to next week, fingers crossed

    special thanks to yourself with help over all of this

    I will update after next Tuesday, 20th

    • omega3dave
    • By omega3dave 20th Mar 18, 3:30 PM
    • 105 Posts
    • 18 Thanks
    Ok, I lost

    Clearly from the outset the judge was not really interested in my statements, he only focused on what the claimant had to say, show.

    He gave no creditability to my evidence and statements. It was clear to me quite soon that he was going to give judgement to the claimant

    Lessons learned and for others :

    1. In my case I think I allowed things to progress too far without challenging the likes of Restons/Arrow etc (I have had terrible poor health ever since they lodged claim at Northampton. I mean coincidentally. Not because of their action) For the past 18 months I have had one focus, get my health back together, without that is game over anyway. So, in my case I have been severely distracted. This was definitely a factor. Please to say I am getting my health back online
    2. On that basis my advice is to engage these people (solicitors, debt collectors) as soon as possible. Quoting CCAs etc. Do not wait. Hit them with all the great advice in this forum
    3. I remained composed and professional, and for that I am satisfied with how succinct I was during the hearing. I kept the emotion out of it
    4. I am pleased with all the great help here in this forum especially from fatbelly, the witness statement I put forward. It seemed to me the judge was not having any of it about Limitation Act 1980 section 29 paragraph 7. It seemed to me that no matter what I quoted from my witness statement, he was always nudging in favour of the claimant.
    5. At the end, the solicitor and judge starting talking about another case in front of me. Which I found unprofessional really. Just my opinion. Clearly they work together on a regular basis.

    The judge ordered full costs against me too, equal to around another 1k+

    Around 400 of which he said was the court costs

    I am sure the judge said I had 14 days to pay the full amount, is he just referring to the court costs ?

    I thought one had 30 days to pay the amount they say the debt is 4.7k ?

    Not sure what I am going to do now. Just want to put this **it out of my head now.

    Is it Restons that now send me the costs I have to pay, I mean the court costs ?

    I am the wrong side 40+, I do not have a property, I have crap car. Not a pot to *iss in really

    Sorry to be blunt, just getting some angst out now. Guess Arrow would have bought this debt for few quid too.

    one final note, I did read in another post few days back, case very similar to mine, and he/she too lost. Think that kind of helped me today, to digest what has happened, even though I had put quite a lot of effort in recently with all you guys help from this forum. He/she too had clear credible evidence for the Limitation act.

    I got the clear feeling the judge I saw today, he was not a fan of the Limitation act, he seemed to give small measure to Limitation Act 1980 section 29 paragraph

    If you could please advise on any immediate options I have now, if any, and confirmation of time scales I have mentioned ?

    Last edited by omega3dave; 20-03-2018 at 3:56 PM.
    • fatbelly
    • By fatbelly 21st Mar 18, 9:35 AM
    • 12,040 Posts
    • 9,101 Thanks

    I have limited internet access this week so this is too brief really.

    I note earlier I said

    a good judge would want everything evidenced, and it sounds like HSBC have nothing
    It's always a possibility that you don't get a good judge

    I was sorry to hear the news. Your point 5 is probably significant, unfortunately - added to the fact that the judge seems not very interested in the detail of the law. You should appeal really but there are further costs so it's no surprise that judges rumble on until they retire regardless of what they do.

    You should probably check whether you qualify for a DRO, which is a 'get out of jail free card' for £90, which could be your 'worst case scenario'. But also get a transcript of the hearing from the court and take advice on whether you should appeal
    • omega3dave
    • By omega3dave 21st Mar 18, 10:46 PM
    • 105 Posts
    • 18 Thanks
    Hi FB

    I am dushed from it all, I will write more tomorrow, I did not know about the DRO

    I am not a home owner, so could be serious option for me

    is there a timescale for this ?
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