URGENT - case 'stayed'. What can I do?

[chicobanco]

I can find no other threads or references to stayed cases on this site, so i am sorry if I am asking the obvious.

I have received a letter from the local court telling me that on the court's own initiative they have decided to 'stay' my case until the High Court case has been decided. The court say they expect a decision on this case to be know in Feb 2008.

If I want to appeal this decision I have to do it now. I want to appeal the decision, but according to the Money Expert site this can be very complicated. Is that correct?

I also want it to be know to the court that I want to reserve the right to claim interest on the about stayed up to the date when the High Court decides in the favour of customers, and the bank have to pay up, i.e. sometime in 2008.

Can anyone provide me with advice, please?

[jansus]

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

hope this helps

also have a read of our threads here - and go to "general section" to see other information

Jan

[chicobanco]

Janus,
Many thanks for the advice. The Court, Nottingham, have only allowed me 7 days from the date of Service to appeal!!

I am two minds whether to appeal. I need the money back, but I am not suffering financial hardship,so I do not know if this will weaken my grounds to appeal the stay. However, I cannot see this case settling within 2 years min! The banks are bound to appeal any ruling that goes against them.

If I decide to accent the stay and this drags on for 2 years, does anyone think I can claim the interest on my claim that as accrued over the 2 years that have elapsed up to the date of any final resolution? Can I do that? Sorry to ask the obvious but I really don't know what I can and cannot do.

[jansus]

some courts have sent letters stating to the banks that the decision should be made by jan/feb 2008 and that then they will expect to hear from the bank in respect of each individual case. However I am not sure how they know this. I will see if I can find the post.
I decided t appeal against the stay - but am not hopeful.
It is all pot luck at the moment so all I can suggest is keep reading "new posts" and see if there is anything relevant

Jan
Found this email to someone on another thread

Thank you for your letter to the Office of Fair Trading (OFT) enquiring about the reasons for the waiver being issued suspending court cases and negotiations regarding unauthorised overdraft charges by banks. Your complaint has been noted and will be kept on file.

There has been widespread concern as to whether or not the current account market in the UK is competitive. There have also been specific concerns about the legality of charges relating to unauthorised overdraft. Earlier this year, the OFT launched a market study[1] of personal current accounts. This is designed to provide the OFT with an understanding of how the market as a whole works, so that we can take a strategic view of perceived problems and any subsequent action OFT should take or recommendations it makes to business, consumers or the Government. The OFT's view is that active informed consumers are the best drivers of efficient competitive markets and so the study is focusing in particular on transparency for consumers and ease of switching. The study is due to report in December.

In parallel with the market study, the OFT is examining the fairness of the level of unauthorised overdraft charges and returned item fees in line with its statutory duties under the Unfair Terms in Consumer Contracts Regulations (UTCCRs). In considering this matter we need to look at financial information from the banks and also to take a broader view of the market to ensure that any action we take will improve the way the market works and outcomes for consumers. The market study will play a critical role in informing the OFT's view of the right outcomes for consumers.

One aspect of our work is considering whether the unfairness test contained in the UTCCRs applies to unauthorised overdraft charges. The OFT considers that the test applies, but the banks disagree.

We believe that an early ruling on this preliminary issue is in the public interest as it will provide some much-needed clarity in the market, and also provide the OFT with a stronger basis for conducting its UTCCRs investigation and negotiating any settlement. We have therefore agreed with the Banks to take a test case[2] and we commenced proceedings in the High Court on 27 July. The test case commences on 14 January 2008 and we estimate it may take approximately two weeks. We are committed to ensuring this process is resolved in as efficient and expeditious a manner as possible. Throughout this whole process we have worked very closely with the Financial Services Authority. For further information about this test case please see our Questions and Answers.[3] The Financial Services Authority in conjunction with the OFT has issued a waiver in this time, suspending court cases and negotiations with banks regarding unauthorised overdraft charges. As it is vital to have as many high street banks involved in the test case as possible, this is a way of assuring their full participation and co-operation.

For further assistance with your complaint you may wish to contact Consumer Direct at Consumer Direct <Consumer Direct> telephone: 08454 04 05 06 or your local Citizen's Advice Bureau at Contact us .
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