In court yesterday - judgement of 25/7 set aside and case stayed

Palerie-head

Hi all

I was in Mansfield court yesterday because HSBC had applied for the default judgement (given because the defence wasn't entered) of 25/7 to be set aside and a stay granted until after the test case.

I was so well prepared and when the judge asked if I wanted to say anything I said 'absolutely' and gave very thorough reasons why the case shouldn't be set aside and why a stay shouldn't be granted.

I may as well have stayed in bed. The judge said it was admirable that I was so well prepared and able to speak so well on this matter without any legal representation of my own (HSBC sent a barrister) but he wasn't going to penalise the defence for not entering their defence on time. He said 'how would you feel if I had thrown the case out because you didn't enter your claim on time' and I replied 'well, I would have expected that'.

Anyway, the decision had been made long before I set foot in the room and I was even given a printed out version of his decision which he had on his desk.

He said that every judge up and down the country is setting aside judgements given and staying cases until after the test case.

I was so angry and upset I can't tell you. If this is justice then it stinks.

:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:

Stokey125

Palerie-head wrote: »

Hi all

I was in Mansfield court yesterday because HSBC had applied for the default judgement (given because the defence wasn't entered) of 25/7 to be set aside and a stay granted until after the test case.

I was so well prepared and when the judge asked if I wanted to say anything I said 'absolutely' and gave very thorough reasons why the case shouldn't be set aside and why a stay shouldn't be granted.

I may as well have stayed in bed. The judge said it was admirable that I was so well prepared and able to speak so well on this matter without any legal representation of my own (HSBC sent a barrister) but he wasn't going to penalise the defence for not entering their defence on time. He said 'how would you feel if I had thrown the case out because you didn't enter your claim on time' and I replied 'well, I would have expected that'.

Anyway, the decision had been made long before I set foot in the room and I was even given a printed out version of his decision which he had on his desk.

He said that every judge up and down the country is setting aside judgements given and staying cases until after the test case.

I was so angry and upset I can't tell you. If this is justice then it stinks.

:mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad: :mad:

Can you email me a copy of this decision

steveh66_2

That's utterly outrageous. HOW THE HELL are the small claims rules being seemingly flouted like this? - SURELY there can be no justification in the case as you describe it for reversing a decision by default. More and more of these reports are coming out, of the banks and judges acting in collusion (it's hard to see any other interpretation) and sooner or later things are going to reach boil over, especially if, after this prolonged denial of justice or even a fair hearing for the vast majority of us, the farcial test case goes in the banks' favour. As it will, of course.

Palerie-head

Stokey125 wrote: »

Can you email me a copy of this decision

Sure Stokey, I'll get onto that this evening (don't have it with me just now). I haven't even read it to be honest, just stuffed it in my bulging folder and trotted out of the room.

I felt like I was in the headmasters office and had been given a detention. Not a very nice experience and one I won't be keen to repeat.

Palerie-head

steveh66 wrote: »

That's utterly outrageous. HOW THE HELL are the small claims rules being seemingly flouted like this? - SURELY there can be no justification in the case as you describe it for reversing a decision by default. More and more of these reports are coming out, of the banks and judges acting in collusion (it's hard to see any other interpretation) and sooner or later things are going to reach boil over, especially if, after this prolonged denial of justice or even a fair hearing for the vast majority of us, the farcial test case goes in the banks' favour. As it will, of course.

Well, I kind of expected it, but had a faint hope that as my judgement was given a full 2 days before the OFT test case ruling that I might have a slim hope of getting my judgement upheld.

I was gobsmacked when the judge literally said that he wasn't going to penalise the bank for not submitting their defence. I argued abuse of process and he just looked at me and gave me a faint smile.

My only satisfaction from the day was that HSBC sent a barrister and that must have cost them. Drop in the ocean I know, but small victories and all that.

sparky0107

Hi palerie-head,
Sorry to hear of the court decision, it does sound like the banks have got a "get out of jail free" card from the courts. This farsical "test case" chould never have been allowed to stop people in the system from not having their day in court.
Some of these judges need to grow a pair and allow cases to go ahead, it really is frustrating.
Mark

lindilou39

Aww thats bad news palerie sorry to hear that, well am not too optimistic now on the solicitors draft I sent to the court requesting the stay be lifted will actually happen yet, am still hopeful as the defendants did defend my claim on 23rd may, they just chose to sit back on the waiver and not comply with directions so therefore their defence was struck out and judgment was awarded to me 20th sept. So its still all fingers crossed in my backyard. I,ll let all know eitherway what the outcome is.