HSBC apply for judgement of 25/7 to be set aside - help!

Palerie-head

Right, this is odd.

I've received a letter from the court to say that the defendant hasn't asked for the judgement to be set aside!??? I don't get it... I've got a copy of it!!

I suspect that they might be waiting for me to fork out for a warrant and then hit me with the application, or else hope that this scares me off???

Who knows. One thing I do know is I'm off down the court on Tuesday morning to ask for a warrant to be issued, and I'm sure it will go against them now if they try to have that stayed.

Stokey125

Palerie-head wrote: »

Right, this is odd.

I've received a letter from the court to say that the defendant hasn't asked for the judgement to be set aside!??? I don't get it... I've got a copy of it!!

I suspect that they might be waiting for me to fork out for a warrant and then hit me with the application, or else hope that this scares me off???

Who knows. One thing I do know is I'm off down the court on Tuesday morning to ask for a warrant to be issued, and I'm sure it will go against them now if they try to have that stayed.

Can I ask has any of the papers you have got a seal from the court on it? If not then I think they were trying to intimidate you either that or your letter to the court crossed with thiers with the application.

Palerie-head

With their letter they have enclosed an applocation notice (N244) and stated that they want it to be dealt with at a hearing lasting no longer than 15 minutes. They've also enclosed a draft order and a witness statement from someone at the solicitors. No official stamp - I assumed that they had sent me copies of what they had sent to the court, and as I got them Wednesday you would think the court would have had them too. Do you think they are waiting for me to issue a warrant before they file this? Surely the longer they delay filing it, the less in their favour it will go?

Stokey125

Palerie-head wrote: »

With their letter they have enclosed an applocation notice (N244) and stated that they want it to be dealt with at a hearing lasting no longer than 15 minutes. They've also enclosed a draft order and a witness statement from someone at the solicitors. No official stamp - I assumed that they had sent me copies of what they had sent to the court, and as I got them Wednesday you would think the court would have had them too. Do you think they are waiting for me to issue a warrant before they file this? Surely the longer they delay filing it, the less in their favour it will go?

Best thing to do if it is possible on Tuesday take the bundle down to the court and see if the court has the application. If they have then hold off filing the warrant and see if a date has been given for it. If not apply to have the warrant issued.

Palerie-head

quick update:
I've just spoken to the court and they received all the paperwork for the bank's application to have my judgement set aside on Friday. It has all been passed to the judge for consideration and he will decide whether to list it or not.

Fingers crossed that the judge will actually see my letter asking for the application to be thrown out and act on it!!

Palerie-head

I have just had notification from the court that HSBC will be given a hearing in my local county court on Monday 22nd October to have their defence reinstated.

As they were applying to have my judgement set aside, is having the defence reinstated better for me or is it just the same thing? I would have thought that having their defence reinstated means that they will have to answer the questions that the judge asked them to answer first time round, that they didn't answer and resulted in me getting judgement by default.

Can anyone help on this one?

Stokey125

Palerie-head wrote: »

I have just had notification from the court that HSBC will be given a hearing in my local county court on Monday 22nd October to have their defence reinstated.

As they were applying to have my judgement set aside, is having the defence reinstated better for me or is it just the same thing? I would have thought that having their defence reinstated means that they will have to answer the questions that the judge asked them to answer first time round, that they didn't answer and resulted in me getting judgement by default.

Can anyone help on this one?

Having the defence reinstated and having the judgment set aside is the same thing. I am slightly puzzled why the date has been set so far away. The question as to whether they will get the stay is another matter it is possible for the judge to order the judgment to be set aside but not to stay the matter and require the bank to comply with the disclosure order. One good reason for not ordering the stay is that they should have disclosed the information before the test case was started and they should not be allowed to flout a court order by having the action stayed for a reason that did not apply at the time the oprder should have been complied with.

Palerie-head

Thanks as always Stokey.

I'm not sure why I have to wait until 22nd October either - a day off work that I don't have the leave for. Hopefully it will go in my favour and I'll be able to claim for that too!

I'm really hoping that if their defence is reinstated, they will have to answer the questions that the judge asked them to answer months ago that they clearly don't want to answer.

I've reported all of this to FSA but just a holding letter received so far, I was hoping they might get in touch with HSBC and give them a kick up the rear to sort this out.

chris1huk

good luck palerie, i also received a court date, for the 11th october, to have my judgement set aside.
if i dont turn up does it just get automatically set aside

Stokey125

chris1huk wrote: »

good luck palerie, i also received a court date, for the 11th october, to have my judgement set aside.
if i dont turn up does it just get automatically set aside

In all probability yes.