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Go Back   The Consumer Forums > The Consumer Forums
The Bank Action Group - against unlawful bank charges
> General > Cases stayed pending the OFT test case

Cases stayed pending the OFT test case Use this forum to discuss your case if it has been stayed or if you have overcome an order to stay. Please do post your story in the appropriate bank forum as well


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 20th August 2007, 02:23   #1 (permalink)
sjc1985
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Default Do We Still Have To Attend The Hearings?

My claim has been stayed in Southend court (which is unfortunate because I can barely afford to live) anyhow, was just wondering whether we have to go to the court for the hearings or whether absolutely everything is put on hold?

Thanks

Sarah
-x-
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Old 20th August 2007, 07:17   #2 (permalink)
zootscoot
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Default Re: Do We Still Have To Attend The Hearings?

If you have had an order from the court stating that your claim has been stayed you do not need to attend a court hearing which was set before the court order. If it is simply the bank who are telling you the claim has been stayed then you need to attend any hearing.
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Old 20th August 2007, 11:26   #3 (permalink)
Dougal16T
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Default Re: Do We Still Have To Attend The Hearings?

It is vital to attend the hearing in any event - if your name is on it then my advice is go to Court - see my post of today's date...stay lifted!!
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Old 20th August 2007, 13:03   #4 (permalink)
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Default Re: Do We Still Have To Attend The Hearings?

Quote:
Originally Posted by sjc1985 View Post
which is unfortunate because I can barely afford to live
Hi Sarah,

If this is the case, go to Court and state your case for the hearing to go ahead as planned without a stay being applied - tell the Judge that the OFT have said that cases of financial hardships should not be stayed, but should be heard by the Court regardless of the test case.

If they are having none of it and apply the stay, ask for leave to appeal anyway - leave may be refused, but you can escalate that if the need arises.

Fight your corner, or they'll walk all over you though - you have plenty of support from this forum, so keep your chin up!
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Old 23rd August 2007, 17:44   #5 (permalink)
jansus
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Default Re: Do We Still Have To Attend The Hearings?

Quote:
Originally Posted by sjc1985 View Post
My claim has been stayed in Southend court (which is unfortunate because I can barely afford to live) anyhow, was just wondering whether we have to go to the court for the hearings or whether absolutely everything is put on hold?

Thanks

Sarah
-x-
See my posts - I appealed and the judge has at least agreed to see me on the original hearing date.

jan
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