lancasterchelsea v. Lloyds/business (1995-1998) ***WON***

[lancasterchelsea]

sent out the first 2 letters, with no reply
total with compound interest is approx just under £5,000
will now fill in the MCOL

[madmaxctr]

So your claiming well outside of the 6 year limitation then?

[lancasterchelsea]

I have several claims more than 6 years ago
none have yet been tested though
I trust that no bank will want to test the law's interpretation in court
Others have done this successfully, so I have nothing to lose

[BARTY]

Hi
Don't file by MCOL:
**urgent All Mcol Claims Automatically Stayed**

Good luck, keep us posted.
Barty

[PeterAnderson]

I second that

Whatever you do DO NOT use MCOL - go to your local court (ok you can download the form) but picking up a lovely blue & white N1, using the pdf thingy on here to fill it in is soooo much more satisfying

[lancasterchelsea]

To bring the story up to date....
I filed through MCOL in August..... ish and the claim got stayed
but I sent a pleading letter and got my fee back
Now I am just about to re-issue using a good POC/N1 through my local court

[lancasterchelsea]

New claim lodged at my county court

[lancasterchelsea]

LLoyds have been issued with claim, and they have until 31 12 07 to reply
Let's see what they say

[lancasterchelsea]

Today 3rd january 2008 I received very short letter from Martineau Johnson saying that they are considering the claim etc
But the claim issued on 12th Dec said they have til 31st Dec to reply
Presumably they still have more time in hand to issue defence etc
28 days from date of service ??? is approx 15th Jan

[GuidoT]

15th would be about right for issue of defence.

But you should get a notice from the court that an Acknowledgement of service has been filed soon, if you do not have one already.

[lancasterchelsea]

I cannot believe it.... !!!!!!!!!!

got letter from court today.... they have stayed my lloyds business account claim until after test case
I thought business claims were going through normally
the letter mentions matters of legal principle and UTCCR
WHAT NEXT ????

[elsinore]

Can you post up the relevant wording of the letter please, LC?

Which court is it?

Els

[lancasterchelsea]

Blackpool county Court.... letter dated 8th Feb, sent out on 12th Feb, received 14th Feb

......a test case has been issued in the high court between OFT and certain banks with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the unfair terms in consumer contracts regulations and other legislation to such charges....

It is ordered that...

1. this claim is stayed until further order with a view to awating the final decision in the test case ( which shall be interpreted as the outcome of any appeal the first instance decision)

2. The defendant shall within 28 days of the final decision in the test case file at court and serve on the claimant..... a case summary setting out the the effect of that decision.... and.... their proposed directions in this claim

3. Upon receipt of the documents set out above the file be refered to DJ

4. Either party may apply at any time by application on notice in accordance with the civil procedure rules 1998 part 23 to lift the stay

5. because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court ( with any fee) to arrive within 7 days of service of this order

[lancasterchelsea]

All my documents say... business claim many times
and I am claimant......XXXXXXXXXXX (A business account)
The judge must have seen it was a business account ???
not a normal account
In my POC I didn't mention UTCCR

[elsinore]

Originally Posted by lancasterchelsea

The judge must have seen it was a business account ???
not a normal account

You're assuming he/she read it.

Paragraph 5 gives you the opportunity to apply for the stay to be setaside. There are a number of references you can make in your application, all of which are quite definite and explicit. However, some applications have been denied so, if you decide to appeal, prepare to be disappointed.

Is this a live account and are you still being debited with charges?

Els

[lancasterchelsea]

No the account is not current, it was closed in 1998

As an engineer it always puzzles me that faced with one set of facts and arguments.....judges can decide in a variety of ways, or am I just naive

Isn't the OFT "instruction" on business claims definitive ??

I appealed against a stay with RBS/business account in Setember and was successful..( same court , different judge) . RBS's solicitors also asked for stay lifted

My letter for stay removal included....
no UTCCR involved
not a consumer claim
OFT test not a precedent.... not relevant to this case
test case will last a year... human rights act/ unfair
master of rolls says..don't automatically stay
oft letter re business cases

i got letter off CAG

are there many business stays at present

[elsinore]

Trouble is, those facts and arguments are not binding on a court. The OFT instruction might well be definitive as far as you, me and our banks are concerned but few judges seem to want to stick their necks out and allow any case to proceed at the moment. There is as yet no precedent available to judges in respect of the unlawfulness of default charges, so they would rather lump all cases together until they know where the Test Case is heading If your judge did read the POC properly, he/she will have been further deterred by the fact that all the charges relate to pre-six years, which is even more problematic for all parties.

However, I do think you should slap in an application to remove the stay. Even if the judge didn’t actually see the claim, or saw it but didn’t read it properly, he/she will have to read your application. You have previously been successful in the same court, so use that in your submission, as well as reiterating all the points in the stay removal letter.

Has your RBS claim been concluded?

Els