Hearing at Derby CC on Friday 21/079/07

[phatram]

Anyone else ??
Help please.

[Castlebest]

Hiya Phatram no this is a hearing to determine your stay

The hearing of the claimant's application for An Order To Remove The Stay will take place at 14:00 on the 21 September 2007 at Derby County Court, Combined Court Centre, Morledge, Derby, DEI 2XE.

you should be prepared to argue your case for the stay to be set aside see here

http://www.consumeractiongroup.co.uk...y-updated.html

plus add any further personal factors you have, hardship etc and it will probably be worth mentioning the test case itself seems to be a bit in doubt following this

BBC NEWS | Business | OFT may compromise on bank case


pete

[phatram]

Thanks

[groovycaz]

Wishing you well phatram, im in the same boat, just had word from the court about my business claim with the Co-Op, its been stayed, so im in the process of applying to have the stay lifted..Gc

[zootscoot]

I've just put up a bundle for stay hearings but it is still in progress:

Bundle for stay hearing

[Castlebest]

Nice one zoot well done !!!

pete

[phatram]

Just recieved a letter from court saying this hearing is transferred to Nottingham !!!
In The Derby County CourtClaim No xxxxxxxxxxx
ORDER


CO-OPERATIVE BANK PLC
On Friday, 14th September 2007
District Judge A A Butler sitting at Morledge Derby considered the papers in the case and, having regard to the number of applications to the lift the stay and for injunctions in 'Bank charges' cases, which applications raise issues of general importance,
ordered that:
1) With the agreement of His Honour Judge Inglis, the Designated Civil Judge for
this Group of Courts, the Claimant's application to lift the stay and for an
injunction shall be adjourned from the 21st September 2007 and transferred to
Nottingham County Court where it shall be listed before Judge Inglis on a date to
be fixed. Notice of the date and time of the hearing will be sent to the parties in
due course.
2) 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 (together with any appropriate fee) to
arrive within seven days of service of this Order.
14th September 2007 Page 1 of 1

[phatram]

To all parties

;



As a result of the order made on 14 September 2007 this Claim has been transferred to the Nottingham County Court for a hearing before HHJ Inglis on a date to be fixed. If you wish to make any further applications in this claim, they should be made to the court to which the claim has been transferred. After the hearing, the claim will be transferred back to this court. You will be told when this happens.

[phatram]

Not pleased with our judicial system !

[lolly371]

better prepare yourself, i have just had a date through for my oh's application to remove his stay at nottingham.... the end of november!

[phatram]

I find it most unacceptable that I would have to take time off work ,travel to Nottingham etc and for what ? a ten minute hearing?
Not good enough !!

[lolly371]

not only that, a ten minute hearing to simply argue your point to be allowed a court case!! hopefully the rumours are to be believed and something is going to happen by the end of this month. at the very least, it would be nice to think that the banks should be made to stop applying charges for the duration of the test case.

[phatram]

Is there a right to appeal this decision?

[lolly371]

i still cant understand why they have done it- nottingham is clearly just as busy as derby- hence our 3 month wait, and you already had a date at derby. insane!!

[phatram]

Originally Posted by phatram

Is there a right to appeal this decision?

bump

[zootscoot]

Do you mean appel the result of the hearing tommorrow or appeal against the transfer?

[phatram]

Against the transfer.