Hearing date

MercMan

OK now I have a major problem.

My BR hearing date is 1st June.

I am one of two drivers where I work and I found out today that the other one has taken their holiday from 1st June. The boss says I can't have time off as there would not be any drivers on site.

I want to challenge the petition but obviously I can't now. Can I write to the Court and ask for a new date as I am contesting the petition.

So_Sad_Angel

Hi Mercman

I should call the court & ask the question. If you are contesting it would be better for you to be there in person.

Could you take a couple hours off work rather than the whole day.

Just a thought

Angex

MercMan

Hi Ange

I'll ring the court and ask. Unfortunately I'm on the road from before 9.00 until late afternoon. My patch covers about 300miles so can't take off time even for a few hours as I could be miles away form the court location. And of course I'm covering the other driver's duties as well!

StuntmanBob

Tell the court that it's impossible for you to be there - Surely they'll defer until a later date? I hope so. Good luck.

MercMan

Thanks SB. I'm going to ask if my solicitor can attend. He knows all the Judges in the area, so he will help me put my case re bank charges and the High Court action etc.

MercMan

I've phoned the local county court and I need to apply for an adjournment stating the reasons on a N244 form which costs £40. A Judge will then consider it prior to the hearing date.
I will write something like this.

I wish to have to the hearing adjourned on the following grounds:

1. The Bankruptcy Petition has been issued on behalf of Vertex who bought a debt from the HSBC bank (trading as First Direct). This debt consists of a considerable number of Bank Charges which are subject to a House of Lords hearing (asked for by the Banks) as to whether charges can be subject to fairness rules. This scheduled for three days beginning June 22nd.

There is also a decision pending from the OFT on whether it thinks bank charges are actually unfair. The OFT has announced it is going to look at the terms applied by HSBC, Lloyds TSB and Clydesdale Bank first.

2. The hearing on the 9th February 2009 was adjourned on the request of the Claimant as they wanted to negotiate a mutually acceptable repayment plan. I have had no contact from them.

3. I will be working away from the area of the week beginning June 1st (the hearing date) and therefore will not be able to attend this hearing to put my case.

4. I request that the Bankruptcy hearing to be adjourned until the entire matter the fairness of Bank Charges has been resolved.

Can you nice folks give comments or advice please.

MercMan

Any thoughts before I commit it to paper?

Fandango2090

Sounds more than reasonable to me, good luck

MercMan

Thanks F2090, I'll keep you posted.

tigerfeet2006

Sounds OK to me, but fermi and blind-as-a-bat are the best with this sort of thing, might be worth a PM.

When you do send it, make sure it is sent signed for.

fiveyearplan

MercMan wrote: »

I've phoned the local county court and I need to apply for an adjournment stating the reasons on a N244 form which costs £40. A Judge will then consider it prior to the hearing date.
I will write something like this.

I wish to have to the hearing adjourned on the following grounds:

1. The Bankruptcy Petition has been issued on behalf of Vertex who bought a debt from the HSBC bank (trading as First Direct). This debt consists of a considerable number of Bank Charges which are subject to a House of Lords hearing (asked for by the Banks) as to whether charges can be subject to fairness rules. This scheduled for three days beginning June 22nd.

There is also a decision pending from the OFT on whether it thinks bank charges are actually unfair. The OFT has announced it is going to look at the terms applied by HSBC, Lloyds TSB and Clydesdale Bank first.

2. The hearing on the 9th February 2009 was adjourned on the request of the Claimant as they wanted to negotiate a mutually acceptable repayment plan. I have had no contact from them.

3. I will be working away from the area of the week beginning June 1st (the hearing date) and therefore will not be able to attend this hearing to put my case. I would also stress here that you have already asked your employer for the time off and he would not grant it as it would cause the firm a hardship because others are away at that time.

4. I request that the Bankruptcy hearing to be adjourned until the entire matter the fairness of Bank Charges has been resolved.

Can you nice folks give comments or advice please.

Just a minor thing that I would add.