Appeal Against a Stay

[pjness]

I have an appeal hearing on the 8 Nov its like starting all over again has anyone had a win or got any information on this

[Michael Browne]

These threads have all the info you need:
Stay: Application for removal of: UPDATED
Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

Stay: Application for Removal on Hardship Grounds
Allocation hearing witness statement

Stays re: OFT Test Case - Info & Guidance
http://www.consumeractiongroup.c o....-guidance.html

Stay: Hearing Bundle
Bundle for stay hearing

Stay: Skeleton Arguement
Skeleton argument for stay hearing

Be aware that stays are not lifted very often, even where the claimant can clearly demonstrate 'financial hardship'

[pjness]

Thanks Michael I have all the paperwork and template letters now, the only thing i might have in my favour is that i have already agreed to one a stay thinking that the Wragge men wanted to make an out of court settlement But Supprise Supprise I got no reply from my letters to try and make a settlement all it done was delay my court hearing by a couple of months which may have got me a hearing before the OFT got involved.I do belive im wasting my time with the appeal has anyone had a good result on appeal ??

[jansus]

Unfortunately in most cases A&L have started sending in representatives for hearings - The courts have seen most of the standard arguments about appealing against the stays and as the court cases is getting closer that are not lifting stays unless there are particularly strong reasons - such as hardship ( and this is very difficult ) or the fact that the bank has not entered the correct paperwork - Do you have any personal details to add to your appeal?

Jan

[pjness]

Hi Jan Thanks fior your Reply
I started my claim in April 07. since then i have had another £700 in charges i missed a mortgage payment in May as a result of charges from the previous month which i am paying £50 a month to the mortgage company as a PENALTY?? I have just paid a final demand for water rates which i put sufficent funds into my account BUT as the funds and the payment arrived on the same day they charged me £25 which has made futher DD's fail which means MORE charges. It just go's on and on. I was hoping to settle my Morgage Arrears and get a fresh start with the settlement of my claim
On the 2nd August which was after the OFT announcement I received from the court an order to send a Schedule of my charges and a copy of my statements supporting my claim to the court and to Wragge. This was sent Recorded on the 8th July

AllianceLeicester are to send within 14 days thereafter (Making that the 22 July + maybe a few days for postage )
A: Pursuant to contractual provision such charge was made producing a copy of the contractual document relied upon:
B: Whether such charge is accepted to be a penalty. and if not why not:

C: If such a charge is alleged to be a pre-estimate of the Defendants loss incurred by the claimant’s actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters indented to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with matter was:

D; If such charge is not alleged to be a pre-estimate of the Defendant’s loss incurred by the Claimant actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable:

Each party shall exchange and file witness statements by no latter than 11 Sept whereupon the file will be referred to a district judge

None of this information was received buy me only a letter on the 11 Sept stating they were applying for a Stay leaving me only hours to get a letter to the court by hand with my reasons why this should not be allowed.

I received a letter from the court ordering a stay with a hearing to appeal on the 8 Nov

[zootscoot]

Good luck

[pjness]

Thanks Zootscoot Where can i find the FSA waiver Conditions i tryed your link but it wont open

[pjness]

I have just found the FSA site and it makes it clear they are only dealing with unauthorised bank charges most of my claim is regarding to failed Direct Debits will this make a difference to the stay

[zootscoot]

Failed direct debits are related to unauthorised overdraft charges so would be included with the OFT case.

[jansus]

I am sorry but I am not an expert and cant help you more - but the defendant can normally rely on their original defence in court - but in your case they seemed to have been asked to produce specific documents by 22/7/07 which they did not do . The only other thing is to make your appeal against the stay as personal as possible - as the courts have now seen most of the standard documents - so add as much as you can in a personal section.

Best of luck jan

[pjness]

Thanks Jan I think your right the defence has already challanged all the template letters .Im just going to put my own reasons forward if nothing else i will get a chance to face these people who have been trying to intimidate me over the last few months

Pete

[damo696969]

Hi pjness,
I have been in a similar position, I was given a court date and court order to follow as were Alliance&leicester. I complied with the order set out by the court but alliance and leicester failed to do so instead they waited until about a week before the case and applied for a stay.

The stay was granted and the court case cancelled. I then appealed against the stay on the grounds of morals. I stated that A&L had failed to compy with the order imposed on them by the court and by doing this then applying for a stay at the last minute showed a complete lack of respect not only of the judge but of the whole court process and how it works.

I have now received a letter from the court saying the stay has been lifted, defence has been struck out and i can now file for judgment.

Hope this is of some help

Damo

[pjness]

Hi Damo
Well done that’s the best bit of news I have had on this subject.
The only difference with me is that the Court have not granted a stay yet the hearing I am attending tomorrow is for Wragge to put forward their case for a stay and I am opposing them on the same grounds as you they failed to comply with court orders but also i had alredy agreed to one stay some time ago with the veiw of making a settlement out of court but they totaly ignored my letters again showing no resect for court or the legal system.
I think its time somebody started to question the methods used by Wragge and Co.

[jansus]

I can tell you one thing - I dont think A&L are fully in control of them - they played hardball with me but when I rang a&L direct they over ruled Wragges.

I think they are being paid a lot of money for not a lot of work.

Jan

[damo696969]

Hi Pjness,
How did you get on at your hearing.

[aoi3610]

I have been helpng a friend claim back his charges.

The Alliance and leciester were told to put there bundle into the court and myself by the 9th of September, I put mine in 2 weeks prior.

They did not file any bundle so I filed for judgement in default, yet a couple of days later a letter was received from the court re a Stay having been imposed and any objections should be put in writing.

We did this, 10 pages of hadrship hardship hardship, against the stay and had a hearing 2 weeks ago, which was free I might add.

I gave the hardship thing a good run in the room, it was just a small Judges side office, the judge scorned the representative from Wragges for not having any knowledge of this case, he really gave him a hard time.
We had the stay overturned.

The Alliance and leicester were then given extra time, until the 30th November, to put in the bundle.

Anyone think they will?

I am told I can apply for judgement on the 1st December.

The claim is for just over £7000 and is on the fast track.