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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 21st October 2007, 22:51   #1 (permalink)
Adles
Basic Account Customer
Default Urgent Legal Matter - Claim Stayed

Hi,
I am hoping someone will be able to advise me on what to do next.

Had a date set for hearing on Mon 22/10/07, sent court bundles to court office and Nationwide solicitors acting on their behalf and am ready for the hearing.

But on Fri 19/10/07 I received from the court a

GENERAL FORM OF JUDGMENT OR ORDER
(which stated)

Before DISTRICT JUDGE MORLEY sitting at the Edmonton County Court, 59 Fore St, London, N18 2TN.

Upon Reading the defendants letter

IT IS ORDERED THAT

Claim stayed pending the outcome of the the test case.

2. Permission to Claimant to apply within 7 days of service of this order.

Dated 11 October 2007


I have no idea what this means and am not sure if I still need to attend court. The date above is the 11/10/07 but the date at the top of letter in the section which states my claim number is the 17/10/07 and I received it on the 19/10/07 which means the deadline they have stated I need to reply within was already missed before I even opened the letter.
Can anyone advise me on what to do next.

Much appreciated
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Old 22nd October 2007, 01:05   #2 (permalink)
Castlebest
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Watch out, there are Claims Touts about!

Challenge your credit file?

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Default Re: Urgent Legal Matter - Claim Stayed

Hiya Adles, unfortunately a lot of us are in the same situation at the moment. The stay effectively means that your claim has been put on hold until the outcome of the OFT test case is known, you wont have to go to court on the 22nd because your hearing will have been vacated, heres some more information.

~~## Stays info and guidance ##~~

some of us have appealed against the stays that have been placed on our claims but with very little success so at the moment we are all stuck in the same position.

pete
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Old 23rd October 2007, 05:03   #3 (permalink)
Adles
Basic Account Customer
Default Re: Urgent Legal Matter - Claim Stayed

Thanks for the reply, I will read through the guidance notes and apply to have stay removed.
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Old 23rd October 2007, 10:13   #4 (permalink)
hilaryfrances
Classic Account Customer
 
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Default Re: Urgent Legal Matter - Claim Stayed

hello, I would not bother if I were you, I was in court last week and as the judge pointed out, even if the stay was lifted, the bank would appeall against that and you would not get your money any quicker at this late stage. I know it is frustrating and anoying but think of the extra interest your money will be earning for you. Hils
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Old 23rd October 2007, 20:17   #5 (permalink)
Castlebest
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Watch out, there are Claims Touts about!

Challenge your credit file?

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Default Re: Urgent Legal Matter - Claim Stayed

I agree with hil's, the prospects of success of an appeal are very small and also by the time your court lists a hearing for any appeal the test case will be underway anyway.

pete
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Old 7th December 2007, 00:53   #6 (permalink)
JOSH_IOU
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Default Re: Urgent Legal Matter - Claim Stayed

Is it standard practice to sift out the judges with funny names for bank cases?
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Old 7th December 2007, 11:50   #7 (permalink)
Castlebest
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Watch out, there are Claims Touts about!

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Default Re: Urgent Legal Matter - Claim Stayed

I think you should be ok as long as you dont get Hanging Judge Jeffreys or Judge Dredd .
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