alliance leic local county court reply

[gmcdonald]

i have just recieved a letter from my local county court dated 10 august. Upon the courts own motion. The court has made this order of its own initiative without a hearing. if i object to the order, i must make an applicatiion to have it set aside, varied or stayed within 7 days of recieving letter, IT IS ORDERED THAT Upon reading the court file and without notice that . 1. the hearing on 1 st nov is vacated. 2. the case be pending the final resolution ( being the judgement in the action or of the finale court, which ever is the later) OF THE CASE BROUGHT BY THE O.F.T. IN RESPECT OF THE MATTER OF BANK CHARGES.3. The defendant shall within 21 days after the final decision in the case referred to above file at court and serve on the claimant.(a) a case summary of not more than 500 words setting out the effect of the final decision in the said case on this action and (b)their proposed directions in this action. 4. Upon receipt of the documents set out in paragraph 3 above the file shall be referred to a district judge to consider further directions. 5. There be permission to either party applt to vary this order provided that such application is filed within 21 daYS AFTER THE SERVICE OF THIS ON THE PARTY SO APPLYING dated 10 august 2007. can any one explain what this means. and what i do next. one worried person.

[bsia666]

Hi G

Dont worry there will be plenty of advise forthcoming from the CAG members.

Your case has been stayed by the judge due to the current OFT test case. You have seven days to apply to the court for the stay to be lifted.Look at these links....................

http://www.consumeractiongroup.co.uk...y-updated.html

~~## Stays info and guidance ##~~

Re this..................... ....

"3. The defendant shall within 21 days after the final decision in the case referred to above file at court and serve on the claimant.(a) a case summary of not more than 500 words setting out the effect of the final decision in the said case on this action and (b)their proposed directions in this action."

It looks like the court requires the A&L to send the court a 500 page case summary within 21 days of the date of the final decision in the OFT v Banks test case and directions to the court on how the A&L will proceed in its defence.This could be months or years away.

You should try and get this stay lifted from your claim as it will mean your hearing will take place as planned on the 1st of November, if you do nothing more just now, with your claim,you may have to wait a long time for your hearing to take place

[bsia666]

I dont know if this is relevant to your circumstances but have a look............
a& l and me

William