Night Owl -v- Abbey stayed!!

[Night Owl]

Hi all,
just received from the court,

Before District Judge.........
Upon reading the file.
Ex Parte
It is ordered that
Upon it appearing that the issues raised in the test case, OFT-v-Nasty West Bank + others, will affect this claim, the claim is stayed until further order BLAH BLAH BLAH............

Oh my god! Its stayed before I even get a defence through!!! How can this be?????

HHHHHHHHHEEEEEEEEEEEELLLL LLLLLLLLLLPPPPPPPPPPPPP
Night Owl

Night Owl -v- Abbey

[zootscoot]

The defence may have been filed with the court but not forwarded to you. Although Cobbetts usually send a defence direct.

Which court is this?

[Night Owl]

Hi zootscoot,
its Gloucester County Court.
I phoned the court today and the lady said that everything to do with bank claims is being stayed. I told her that I hadn't had the defence yet and she said I probably wouldn't!!!
Now what can I do?
Night Owl

[zootscoot]

Did the order give you 7 days to object?

[Night Owl]

No,
"either party may apply on notice at any time" !
What does Ex Parte mean at the to of the order?
"Upon reading the file
ExParte
It is ordered........."
Thanks
Night Owl

[zootscoot]

either party may apply on notice at any time" !

That means if you want to object you need to do a formal application using form N244 and pay the fee (£35 without a hearing £65 with)

Ex parte simply means the judge has made a decision without either party to the preceedings being present.

[Night Owl]

Can I object with no defence, just object to the fact that I have been stayed?
I really thought that this Abbey claim was going to go all the way to court after having 2 stays put on my Lloyds claim.
I am begining to suffer real financial hardship because of all of this with payments for mortgage and secured loan etc slipping into arrears over the last few months. My O/H and I are in employment, no real benefits apart from Child benefit (just dropped now our eldest has left home) and child tax credit. But we are now starting to suffer from all of this. It's been 5 months since I started the Lloyds claim.
Night Owl

[zootscoot]

I'm not sure what you mean by objecting with no defence. You get a chance to put forward your reasons for objecting to the stay and Abbey will get the chance to put forward their reasons for objecting.

Hardship is not limited to those on benefits. Its about your income and expenditure. Many people in work suffer financial hardship whether it be a result of low income or a debt burden or simply high level of living costs.
If you are in arrears particularly mortgage arrears this is good evidence of hardship.

[Night Owl]

Many thanks zootscoot,
I have been reading application for removal of a stay.
I think I will have to keep going forward and put in an N244 against this stay and if it is refused will try and apply for removal of the Lloyds stay.
It's all so depressing now.
Night Owl

[zootscoot]

Chin up Night Owl

You don't seem to have the most sympathetic court but the more people that challenge the stays the less likely the courts will see this as an easy option. Also the FSA waiver is up for review next week which may bring some good news.

Keep fighting you'll get your money sooner or later.

[Night Owl]

Thanks zootscoot,
just one little question.
We have 2 joint bank accounts - one with Abbey and one with Lloyds.
O/Hs pay goes to Abbey and pays for 2 loans, council tax, credit cards etc and my pay goes to Lloyds and pays mortgage, etc also has child tax credit payed into it (child benefit goes to a building society acc).
On the hardship part of the witness statement do I only show my husbands salary against our outgoings and arrears for the Abbey acc? Which means I can't show the mortgage arrears as they come from a joint Lloyds acc.
Confused!!!
Night Owl

[zootscoot]

The hardship point is a separate issue to the substance of the claim so you are not limited to only showing the account for which you are claiming from.

You would need to show all income and all expenditure for the household. Also any statements on accounts in arrears or letters demanding payment.

[Night Owl]

Thanks zooscoot,
thats good because I have access to credit expert so can print off evidence from there and will gather letters from others.
I have no choice but to continue this fight to the bitter end. The two claims amount to a lot of money and will really sort out our finances once and for all.
Thankyou for the encouragement and wise words zootscoot.
Night Owl

[zootscoot]

Hope it works out for you

[Castlebest]

Its also worth making a big point of the continuing charges and demands the bank will be placing on you regardless of the test case and the stays on litigation and the possible further disadvantage this could have with regard the use of the credit reference agency's and debt collectors because no equal stay has been placed on the banks continued actions.

I wrote a sort of preamble for my own stay application its post #197 here

http://www.consumeractiongroup.co.uk...rn-claims.html

GaryH has since rewritten the stay template so the rest of my application has probably been superseded now.

I had a notice from the court this morning I have a hearing with regard to my application for removal of my stay

pete

[Night Owl]

Thanks Pete for your advice.
Im trying to read around removal of stays and hardship cases because I have used all my savings to stay afloat but am now sinking fast thanks to bank charges.
Well done for getting a hearing on the 8th Oct. Are you using hardship? you've had a rough time.
Good luck
Night Owl