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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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Old 23rd August 2007, 16:04   #1 (permalink)
Night Owl
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Default I will NOT Stay put!

Hi all,
Coming to the end of my first stay ordered by the court for negotiations - I negotiated and Lloyds didn't!!
I sent 2 letters to Lloyds, 3 mediation letters to SC&M and a CPR Part 18!!! Stay ends 31/08/07.
Letter this morning from SC&M to say they are writing to the court for another stay to be ordered in view of the OFT test case.
Objection letter sent to SC&M and the court.
This is all ruffling my feathers!
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Old 23rd August 2007, 16:22   #2 (permalink)
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Default Re: I will NOT Stay put!

Best of luck night owl.

Stick to your guns!
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Old 23rd August 2007, 17:41   #3 (permalink)
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Default Re: I will NOT Stay put!

Yes best of luck night owl Lets keep fighting

jan
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Old 31st August 2007, 13:58   #4 (permalink)
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Default Re: I will NOT Stay put!

Well its the 31st Aug and thats the end of my stay no1!!!
Any replies to the letters and CPR Part18?..........NOPE!!!
Letter for the court ready with copies of copious correspondence that I have sent Lloyds and SC&M during my 6 week stay, plus the objection letter to another stay. Posting it all to the court tomorrow so that it is after the expiry of the stay no1!
Now in the hands of the court for directions.
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Old 31st August 2007, 14:21   #5 (permalink)
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Default Re: I will NOT Stay put!

Fingers crossed and hopeful for you Night Owl.

You have done well. Good luck!!
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Old 5th September 2007, 10:56   #6 (permalink)
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Default Re: I will NOT Stay put!

Just arrived!!!!!!

Before District Judge.......

Upon reviewing the court file

IT IS ORDERED THAT

1. Upon it appearing that the issues raised in the test case, The Office of Fair Trading-v-National Westminster Bank & Others, will affect this claim, the claim is stayed until further order with a view to awaiting the final decision (being judgment in the action or the final appellate court, whichever is the latter) in the test case.

Either party may apply on notice at any time, by application on notice in accordance with Civil Procedure Rule 23, to lift the stay.

Now I'm really depressed and angry.
It's as if everything that has happened to me - attempts at mediation/negotiation during my last stay, CPR Part 18 request, objection letter to a stay has all gone on deaf ears.
What is the point in sticking to the rules when the big companies can just squash us and flounce the rules? Surely this is abuse of process?

Need help on what to do.
Is it worth trying to object again to the stay and pay this time?
Finances are non-existant!!

HELP PLEASE
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Old 5th September 2007, 11:08   #7 (permalink)
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Default Re: I will NOT Stay put!

Hi i got a similar letter from my Court.

I applied to get the stay removed yesterday, i used the template from here

http://www.consumeractiongroup.co.uk...-guidance.html

From what i have read even if you apply for the removal of the stay without a hearing you will probably get called to a hearing anyway.

Good luck
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Old 22nd September 2007, 14:19   #8 (permalink)
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Default Re: I will NOT Stay put!

Update to all.
caro has replied on my Abbey stayed thread with this,

Application for Removal of a Stay on the Grounds of Hardship
its in the Bank Templates Library and offers good advice to those wanting to remove a stay on the grounds of financial hardship. Not a template just good advice.
I have decided to go for the jugular and hit both Abbey and Lloyds with a removal of stay. May fall on deaf ears but at the mo I need all the amunition I can get.
Wish me luck.
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Old 22nd September 2007, 19:23   #9 (permalink)
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Default Re: I will NOT Stay put!

Good luck
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Old 23rd September 2007, 02:11   #10 (permalink)
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Default Re: I will NOT Stay put!

Thanks zootscoot.
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