Stay of Judgement

FatcatFodder

Cannot find after (very brief !!) search of forums this situation being discussed.
I entered a claim against Alliance and Leicester last year and no defence of judgement was entered by them, so judgement was entered in my favour by default.:T
Heard nothing back from bank (surprisingly) so entered a warrant of execution.
The bank has responded by requesting a stay of judgement and this has now been transferred to my local court for a hearing regarding this stay.:mad:
What does this mean to me? Will I be required to hire a solicitor (gambling on costs) or will legal aid be available. I am wishing to have this stay overturned due to hardship case - while I am currently working I had sporadic work last year, resulting in debts rising to utility companies for more than the amount being claimed - will I need to produce documentation??
One man against legal professionals is a very daunting process and I cannot really gamble hiring a lawyer myself in case I lose.
Any advice people??

borgbaiter

hi

have seen this a few times. seems outragious to me, but the courts seem to go along with it. you do not need to employ legal representation. in all likely hood your case will be reinstated and stayed until the end of the test case. the courts do not take into account financial hardship.

i dont know if you can appeal back to the bank under financial hardship as you have started court proceedings.

hopefully someone who knows if this is possible will respond.


Borgbaiter

natweststaffmember

borgbaiter wrote: »

hi

have seen this a few times. seems outragious to me, but the courts seem to go along with it. you do not need to employ legal representation. in all likely hood your case will be reinstated and stayed until the end of the test case. the courts do not take into account financial hardship.

i dont know if you can appeal back to the bank under financial hardship as you have started court proceedings.

hopefully someone who knows if this is possible will respond.


Borgbaiter

You can ask the bank to look at a case at court on the basis of hardship. Any amount refunded would have to be taken off the claim once the stays have been lifted.

FatcatFodder

borgbaiter wrote: »

in all likely hood your case will be reinstated and stayed until the end of the test case. the courts do not take into account financial hardship.
i dont know if you can appeal back to the bank under financial hardship as you have started court proceedings.
Borgbaiter

Completely correct, this has indeed happened even though bank solicitors admitted not filing defence due to 'admin error'. Indeed the judgement stay was placed on the grounds that they stated that they had reasonable chance of winning, so no re-judgement, straight to stay of it. The first time I saw the defence document was in the court (it was claimed it had been sent out to me). The judge has stated that I must now wait or reapply (so go back to the start and pay additional fees).
The question of hardship was dismissed by the fact that the hearing focus was stay of judgement, not the actual judgement.
Basically my view is the bank failed to enter judgement in time, judged liable by default and escaped any actual judgement hearing by having it stayed after the event, so removing my right to have an actual hearing regarding the claim under hardship (genuine).
To rub all this in the judge actually looked at whether the bank had claimed expenses for the hearing for which I would be liable. Their representative shuffled through his papers to find it so I guess that was their intention - probably another 'admin error' that they did not. EXPENSES?!?!? it was the bank asking for a judgment already made against them to be overturned - why should I pay expenses despite my personal loss of a day's wages???
:mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad: