Application to lift stay - what next?

omega3dave

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

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

https://btcloud.bt.com/web/app/share/invite/PMtXTafhPV

fatbelly

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

Almost.

point 11 should refer to s77(1) or s77-79, like point 1

omega3dave

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

:beer:

omega3dave

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 ?

fatbelly

Hi

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

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 ?

omega3dave

FB, are you back now ?

fatbelly

Yep !