Advice needed please

[harrystottle]

Hello all

I could really do with some advice if any one can help.

I had issued proceedings against my bank, and my claim was due to be heard at the beginning of September. I then received a letter from Cobbetts which stated that they were applying to the Court for an order to stay my claim pending the outcome of the OFT enquiry, and subsequently a letter from the Court duly arrived informing me that the claim had been stayed.

I noted that in their letter, Cobbetts had pledged “as a general matter, the Bank will ensure that (my) claim would not be adversely affected by any stay of (my) Court proceedings”. Funny that. Perhaps this was some use of the term ‘adversely’ which I had not come across before.

I thought that the fact that NatWest were still adding around 50 quid a month in interest and charges to my overdraft (which comprises around half of the total sum I am claiming back) could potentially affect me very adversely, in fact to the tune of about £300-£400 if, when the test case is eventually decided, it goes in their favour.

I wrote to the Court and pointed out the unfairness of the fact that the bank were still trying to screw money out of me while my hands were effectively being tied.

I then received a letter from the Court informing me that the case would now be heard.

The letter also said: QUOTE

“Upon the Court’s own motion. The Court has made this order of it’s own initiative without a hearing. If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT

1. Both sides must file a skeleton argument and copies of all relevant authorities relied on not later than 7 days before the hearing.

2. This application will be heard with a number of other similar applications at a composite hearing.

END QUOTE

Well I haven’t heard from Cobbetts so they can’t now apply for another stay.

I really need to know how to go about this, particularly with reference to the “copies of all relevant authorities relied on” bit.

Would the following paragraphs (cut and pasted from this site) constitute a skeleton argument?:

The law of penalty charges permits the recovery only of losses caused by a contractual breach.

Penalties which make profits are unenforceable at Common law and The Unfair Terms in Consumer Contracts regulations 1999

Could any one explain exactly what is required with reference to “copies of all relevant authorities relied on”

Any advice would be gratefully received.

Cheers

H

[zootscoot]

Is this the full hearing or a hearing to consider whether the stay should be lifted?

[Castlebest]

Originally Posted by harrystottle

1. Both sides must file a skeleton argument and copies of all relevant authorities relied on not later than 7 days before the hearing.
Not heard this used in connection with a stay hearing before but I suppose as these hearings become more commonplace there is no reason why not

I would phone the court to check exactly what your Judge is expecting if your not sure.

[harrystottle]

Hi - Just rang the Court and it seems that it is indeed a hearing to determine whether the stay is to be lifted or not. Any ideas what they are looking for?

H

[Castlebest]

Zoot has put this wonderful document together

Bundle for stay hearings

get all of your stay reasons together and edit the basic bundle so you can send one to the court one the the banks solicitor and keep the original for yourself.

you have no directions on sending this so I would aim to get it submitted about 14 days before your court date.

It should also clarify the arguments in your mind so you will be ready to state your case in court .

pete

[harrystottle]

Thanks Pete and all other posters. The bundle looks great just hope it will be ready soon as the hearing is on 12th October!

Keeping everything crossed

H

[Kurt_Hamster]

Whilst putting your bundle together please have a look at http://www.consumeractiongroup.co.uk...oval-stay.html

[harrystottle]

oh dear doesn't look good! I don't really have anything to bring to the attention of the Court other than the general point about the unfairness of the situation and the sentence in the Cobbett letter about then not adversely affecting my claim by applying for the stay. I'm wondering if I should perhaps throw in the towel and wait for the outcome of the OFT case...