Application for removal of stay - refused @ Lancaster County Court

[spotnot]

I attended a hearing today with a relative at Lancaster County Court. What a total waste of time it was! The first comment made by the Judge was " Just to let you you that I have already heard a similar case this morning and I refused that one. Have you got anything new to say?" !!!! We just knew at that moment that we would lose.

It made no matter what we said, the judge dismissed it. We informed him about the OFT story on the BBC website stating that a case might no even happen. It made no difference.

We claimed hardship, no difference.

According to the barrister (representing Cobbetts), anything up to 7 and a half years is deemed a reasonable time, the judge agreed with this.

The barrister then tried to claim his costs. He didn't know that the case had already been allocated to the Small Claims Court. (Great communication from Cobbetts!).

The judge also stated that he could if he wanted award costs to the defendant. He told us this right at the start of the hearing. However in the end he didn't award costs.

The key word throughout the case was ' consistency'. The judge wanted consistency in every case and that we should wait for the outcome of the OFT case. Indeed this may even be in our favour! Just think of all the extra interest!!

Sorry if I'm rambling but it felt like a total conspiracy in the chambers today and the judge was just not interested in anything we had to say.

If anyone wants more details, just ask.

Am now needing a rather stiff drink!!!!

[Castlebest]

Its impossible to argue with a Judge who has made there mind up our only hope is the media taking up the test case story big time which could happen. If the general perception is the banks the agencies or the judiciary are loosing face they might make changes.

pete