Transfer Of Cases To Cardiff

[colonial69]

Caernarfon County Court has started issuing Orders that all outstanding cases are to be transferred to Cardiff County Court. This is on their own initiative, without prior notice and without a hearing. Cardiff County Court then immediately issues an indeterminate Stay on each case; for the usual reasons; i.e. that the issues to be considered are currently the subject of litigation in the High Court.

In my case the Claims transferred are in respect of credit card charges, and are thus, in my opinion, not part of the High Court consideration.

Other members who do not live in North Wales may not realise that it takes longer to travel to Cardiff than to go to London - over 5 hours door to door and it costs more! Local justice? So in one move the good old boys in the court system are disenfranchising thousands of individuals at the expense of the financial institutions. Is this what the FSA wanted to happen?

I have issued form N244 and paid £65 in each case to have a hearing to ask for the Transfer to be set aside, on the grounds of human rights, the overriding objective, balance of convenience, status quo, etc., etc.

I have also issued form N244 and asked for a hearing to set aside the Stays in each case because the case involves credit card charges, not bank overdraft charges.

Anyone else similarly affected?

[Castlebest]

I think you will find your claim has been stayed because you listed the Unfair Terms in Consumer Contract Regulations 1999 in your particulars of claim, this is one of the regulations that is being clarified by the OFT v Banks test case. DJ's will classify your claim by the regulations you are using not whether its a credit card or bank account.

Credit card claims can be fought on a simple breach of contract basis just using common law which is why some of them have not been stayed so have a read of this

Objection to stay on credit card claims

As for moving everyone who has a claim in Wales to Cardiff its ridiculous and at the least I would have thought worth a letter to the Welsh assembly.

pete

[1234debt]

I got moved to Cardiff just days before my judgement, it was stayed along with hundreds of others. I sent off my N244 stating that I was a single parent on income support and in financial difficulty and that all monies taken for charges were taken from benefits and they rejected my application, from what I've read of others who have applied against the stay whatever there position may be their applications are being rejected too. Are they even reviewing the applications?!
I spoke to a clerk who said for me to apply against they rejection all I need do is send in a letter but I'm not even sure if there's much point.

so much for justice

[Castlebest]

I know some of the Cardiff August the 14th people are objecting, some of them even asked for hearings on their applications that have been refused and in theory if you ask for a hearing you must get a hearing and they haven't.

I think an objection should be sent just to register your disgust especially if its free.

pete

[colonial69]

Just an update on my earlier post regarding the transfer of county court cases from all over Wales to Cardiff.

I have wriiten to my local MP about this state of affairs and he has told me that he is going to investigate and agrees that forcing people from all over North Wales to travel to Cardiff does not on the face of it seen to be fair.

I have spoken to the CC clerks in Cearnarfon several times and they have informed me that all credit card cases have been either transferred to Cardiff and then stayed or vice versa. I have applied in each case - I had three separate cases [for different family members] still going at that point which had not already been settled in full before the court hearing - for either a lifting of the Stay [if that happened first] or alternatively to set aside the Transfer; used form N244 and paid £65 for a hearing in each case.

The first hearing, to lift a stay, will be heard at Caernarfon on 8 October. What is interesting is that this is for a case that has already been transferred to Cardiff! I certainly believe that you are entitled to have your hearing held at the County Court which made the original order, not at Cardiff where the cases have been transferred.

But, perhaps even more interesting is the fact that Barclays, in the last ten days, have settled two out of the three cases in full including contractural interest at 27.9% and all court fees including the £65.00 application fee for the set aside/lift stay applications.

Barclays also told told me that they as a matter of policy will not oppose any applications to lift a Stay in respect of credit card cases, nor have they knowingly made any applications to any court in respect of such stays!

Egg have also settled another credit card case in full, with contractural interest [only 13.9%] and all court fees since the OFT case was started.

So it seems that the only reason credit card claims are being stayed or transferred is because the County Court Judges are too lazy/idle to deal with the backlog of cases. Is that fairness for the individual when faced by the financial institutions?

The plus point in all this is that all claimers, who can afford to wait for the OFT v Banks case to be settled, will, if they pursue it properly through the small claims court get interest at at least 8% [tax free] which is better than any other cash deposit I have!

We should not encourage anyone to settle through the FOS where the banks will be given a favourable rate [say £12 per charge, no interest and no fees!] at the consumer's expense.

[colonial69]

At a hearing today in Caernarfon County Court, the Deputy District Judge ordered that the transfer of my case [v. Barclays Bank, t/a Barclaycard] to Cardiff be set aside and should be heard in Caernarfon. He stated that it was clearly unfair to expect a claimant to travel to Cardiff, but of no consequence to a large company like Barclays who could attend anywhere and should come to Caernarfon! Barclays did not attend.

Had a later hearing today - also on a credit card case - to lift a stay. Judge very reluctant to lift stay; said they were under instructions from the regional chief judge in Cardiff to stay all cases, including credit card cases and there was nothing he could do. However, when told that Barclays were in process of negotiating a settlement and had already offered 25% more than the original amount claimed in court [which already included contractual interest and court fees], he agreed to adjourn the request to lift the stay for a period of 28 days "so that pressure would be kept on Barclays to settle!"

[Castlebest]

If the District Judges in Caernarfon County Court are under instruction from the regional chief judge in Cardiff why did one say the case would be heard in Caernarfon and one say there was nothing he could do ?

pete

[colonial69]

It was the same judge in Caernarfon for both cases. He only referred to the instruction from the Designated Civil Judge [i.e., regional chief judge] in Cardiff in respect of the decision to stay all cases, including credit card cases. He obviously had some latitude on the decision to transfer cases to Cardiff.
It is clear from reading the information from FSA that they do not intend the waiver to apply to credit card cases. Why, then, does the FSA not issue a clarification making that unequivocally clear?