Find out here if your local court is staying claims - Page 10

jomo · 19th August 2007, 11:58

Having read the template provided on the "Stays info and guidance" thread at http://www.consumeractiongroup.co.uk...-guidance.html
I do think it might be worth applying to havea stay lifted.

I really don't believe each case is being considered individually. Clearly individual courts and judges are making blanket decisions.

jomo

flyover · 19th August 2007, 12:00

Hi,

Cardiff County Court has stayed my case.

In a ' Bank Charges Letter ' attached to the Order ... the Designated Civil Judge for Wales " is anxious that parties to individual claims in Wales are not put to unnecessary costs until the outcome of the Commercial Court litigation is known."

This would seem to indicate a stay for all cases in Wales

divagirl · 19th August 2007, 12:18

Hi

Oldham county court have stayed my claim,

It says...This order is made by the court of its own initiative. Any party affected by this order may apply pursuant to the Civil procedure Rules 1998, part3.3(5) to be it set aside, varied or stayed.

But also received a letter ( a few pages long ) from cobbetts basically saying they have applied for a stay (this letter arrived the same day as the county court one)

I just don't know if i should apply to have the stay lifted, I've got 7 days to get the N244 (which means 22nd August)

It sounds as though they've already made their minds up, as I've read a few posts that say certain courts are having all claims stayed.

mine included.

thomass1949 · 19th August 2007, 12:23

Hi everyone. I have just received a notification of allocation hearing for September from the Kingston-upon-Thames court. Yesterday I received a very patronising letter from Lloyds Solicitors stating that they were going to ask for a 'stay' due to the recent application for a ruling. They had been in default of returning their AQ and had had to have a nudge from the Judge. The letter was a 'churned out' copy with a poorly stamped signature. They recommended that I ' kept all correspondance as I would require it for the case when it did get heard and that I was to be rest assured that LLoyds would ensure that this did not effect my claim'. Cheeky b******. Condescending prats

jomo · 19th August 2007, 12:32

divagirl,

If your letter is the same as mine it will have the following two paragraphs (or something similar):

Para. 4 :
"Either party may apply at any time, by application on notice in accordance with Civil Procedure Rules 1998 part 23, to lift the stay."

Para 5:
"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"

I take paragraph 4 to mean that you can apply to have the stay lifted "at any time".

I take paragraph 5 to mean that you can apply to have the order "set aside, varied or stayed", but this must be done within 7 days.

Having the stay "lifted", and having the order "set aside, varied or stayed" are two different things. Or so it appears to me.

jomo

rose31 · 19th August 2007, 12:38

Hull County Court has not stayed my claim, hearing date 1st October.

divagirl · 19th August 2007, 12:40

Yeah para 4 is the same as yours

and para 5 is similar to mine

so because it says both things, which one do we go along with?

jomo · 19th August 2007, 12:42

rose 31,

thanks very much for this - very interesting. It will help me in making my decision about applying for the stay to be lifted.

jomo

TECHSPEC · 19th August 2007, 12:49

Quote:

Originally Posted by gaz2954

Ive got a case agianst GE Capital re my mortgage judge in Telfod has put a stay on why when its a mortgage case ?
I also have a case for business claim with Lloyds & Nat West stays given there and to cap it all Im helping a friend with a credit card claim guess what judge at Telford put stay on that too what is happening ????
Thought OFT didnt apply to credit card or mortgages or indeed business accounts any help links for appeal letter sin all cases helpful as everything seems to be grinding to a halt here .
Is it worth appealing and paying £35 in any of these cases as it seems judges giving stays on all charge claims whether its banks credit cards building societies or mortgages HELLPPPPPPPP
Regards Gaz

Most courts are accepting a letter, rather than the normal form, and do not expect you to send £35. Check with your court.

jomo · 19th August 2007, 13:06

To be safe, if you want to apply to have the stay lifted, try to do it within the 7 days. But my interpretation of paragraph 4 is that either party can apply to have the stay lifted at any time.

Personally, I don't think paragraph 5 is about applying to have the stay lifted - it doesn't eben mention the word 'lifted'.

jomo

JonCris · 19th August 2007, 13:45

The FSA has stated that hardship cases should proceed.

Therefore I suggest that everyone applying to have their stay lifted prepare a good skeleton argument based on the 'hardship' caused by the lender & or the DCA which they can then ambush the bank with on the day of the hearing.

Also don't forget if YOUR the defendant & ANY part of their claim includes penalty charges YOU can also apply for an immediate stay.

You can also ask the Court at that time to order the lender to stop processing your data & to stop imposing further penalty charges & interest until the OFT case is heard - whats good for the goose is good for the gander

JonCris · 19th August 2007, 13:50

If your court has ordered a 'blanket stay' I strongly suggest that those suffering hardship or on benefits apply to have the stay lifted as their case should have gone foreward anyway

I refer in particular to those on benefits as their case will not be about the lawfulness of the banks charges but the fact that the banks have unlawfully taken benefits contrary to statute

tifo · 19th August 2007, 14:36

Quote:

Originally Posted by JonCris

Also don't forget if YOUR the defendant & ANY part of their claim includes penalty charges YOU can also apply for an immediate stay.

You can also ask the Court at that time to order the lender to stop processing your data & to stop imposing further penalty charges & interest until the OFT case is heard - whats good for the goose is good for the gander

as we are seeing, this is not the case.

everyone in relation to bank charges is against the consumer and we always have an uphill struggle with the smallest of things.

it's all about money. The banks make money, the FSA and FOS make money, even the Judges need to make money.

So what if the consumer doesn't make any money? Who really cares apart from us?

car2403 · 19th August 2007, 14:45

Quote:

Originally Posted by tifo

as we are seeing, this is not the case.

everyone in relation to bank charges is against the consumer and we always have an uphill struggle with the smallest of things.

it's all about money. The banks make money, the FSA and FOS make money, even the Judges need to make money.

So what if the consumer doesn't make any money? Who really cares apart from us?

I have to agree - even the mention of the injunctions against the banks applying further charges and continuing to process data unlawfully is falling on deaf ears.

The very discussion on injunctions was dismissed in my hearing because the Judge "didn't like infringing the freedoms of the parties to contract". He even went as far as saying that I should close my account with them if I didn't want to pay more charges. (Strange that as he awarded the case AGAINST the Bank in the end!)

ICY · 19th August 2007, 14:46

It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.
I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.
Remember that if your claim is involving a credit card claim, then it should NOT be stayed, and if it is you should appeal this decision immediatly.
I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal with current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

1. Aldershot & Farnham County Court,
2. Bishop Auckland County Court,
3. Blackburn County Court, NEW CLAIMS BEING STAYED
4. Bow County Court,
5. Bristol County Court, NEW CLAIMS BEING STAYED
6. Caernarfon County Court,
7. Chichester County Court,
8. Clerkenwell and Shoreditch County Court,
9. Croydon County Court,
10. Gloucestershire Family and Civil Courts,
11. Hull County Court,
12. Ipswich County Court,
13. Keighley County Court,
14. Kettering County Court,
15. Lancaster County Court,
16. Leeds Combined Court Centre,
17. Liverpool Civil and Family Court,
18. Medway County Court,
19. Milton Keynes County Court,
20. Newcastle County Court,
21. Northampton County Court,
22. North Shields County Court,
23. Norwich County Court,
24. Oxford Combined Court Centre,
25. Romford County Court,
26. Salford County Court,
27. Scun.thorpe County Court,
28. Slough County Court,
29. St.Helens County Court Merseyside
30. Stoke-on-Trent Combined Court,
31. Sunderland County Court,
32. Thanet County Court,
33. Warrington and Runcorn County Courts,
34. Watford County Court, NEW CLAIMS BEING STAYED
35. Wellingborough County Court,
36. Welshpool and Newton County Court,
37. Woolwich County Court,
38. Worcester County Court,
39. Wrexham Count Court,
40. York County Court

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided, this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

1. Altrincham County Court,
2. Ashford County Court,
3. Aylesbury County Court,
4. Barnsley County Court,
5. Bournemouth County Court,
6. Bury County Court,
7. Carlisle Combined Court Centre,
8. Chester County Court,
9. Dartford County Court,
10. Derby Combined Court Centre,
11. Durham County Court,
12. Eastbourne County Court,
13. Edmonton County Court,
14. Grantham County Court,
15. Hastings County Court,
16. Hitchin County Court,
17. Mansfield County Court,
18. Morpeth and Berwick County Court,
19. Portsmouth Combined Court Centre,
20. Redditch County Court,
21. Rotherham County Court,
22. Scarborough County Court,
23. Sheffield Laws Courts,
24. Southampton Combined Court Centre,
25. Stockport County Court,
26. Wandsworth County Court,
27. West London County Court,
28. Winchester Combined Court,

All the below courts have said ALL cases will be stayed, whilst the outcome of the test case is decided this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

1. Birkenhead County Court,
2. Blackpool County Court,
3. Bolton Combined Court Centre,
4. Bradford County Court,
5. Brighton County Court,
6. Canterbury Combined Court Centre,
7. Cardiff Civil Justice Centre,
8. Chorley County Court,
9. Doncaster County Court,
10. Exeter Combined County Centre,
11. Gateshead County Court,
12. Guildford County Court,
13. Halifax County Court,
14. Horsham County Court,
15. Leicester County Court,
16. Luton County Court,
17. Maidstone Combined Court Centre,
18. Nottingham County Court,
19. Oldham County Court,
20. Peterborough Combined Court Centre,
21. Plymouth Combined Court,
22. Poole County Court,
23. Preston Combined Court Centre,
24. Rhyl County Court,
25. Rugby County Court,
26. St Albans County Court,
27. Southend County Court,
28. Taunton County Court,
29. Telford County Court,
30. Torquay and Newton Abbot County Court,
31. Weston-Super-Mare County Court,
32. Weymouth and Dorchester Combined Court Centre,

The situation at the below is still unclear:

1. Aberdare County Court,
2. Aberysthwyth County Court,
3. Accrington County Court,
4. Banbury County Court,
5. Barnet Civil and Family Courts Centre,
6. Barnstaple County Court,
7. Barrow-in-Furness County Court,
8. Basildon Combined Court,
9. Basingstoke County Court,
10. Bath County Court,
11. Bedford County Court,
12. Birmingham Civil Justice Centre,
13. Blackwood County Court,
14. Bodmin County Court,
15. Boston County Court,
16. Brecon Law Courts,
17. Brentford County Court,
18. Bridgend Law Courts,
19. Bromley County Court,
20. Burnley Combined Court Centre,
21. Burton-upon-tweed County Court,
22. Bury St Edmonds County Court,
23. Buxton County Court,
24. Cambridge County Court,
25. Carmarthen County Court,
26. Central London County Court,
27. Chelmsford County Court,
28. Cheltenham County Court,
29. Chesterfield County Court,
30. Colchester County Court,
31. Consett County Court,
32. Conwy and Colwyn County Court,
33. Coventry Combined Court Centre,
34. Crewe County Court,
35. Darlington County Court,
36. Dewsbury County Court,
37. Dudley County Court,
38. Epsom County Court,
39. Evesham County Court,
40. Gravesend County Court,
41. Great Grimsby Combined Court Centre,
42. Harlow County Court,
43. Harrogate County Court,
44. Hartlepool County Court,
45. Haverfordwest County Court,
46. Haywards Heath County Court,
47. Hereford County Court,
48. High Wycombe County Court,
49. Huddersfield County Court,
50. Huntingdon County Court,
51. Ilford County Court,
52. Kendall County Court,
53. Kidderminster County Court,
54. Kings Lynne County Court,
55. Kingston-upon-Thames County Court,
56. Lambeth County Court,
57. Leigh County Court,
58. Lewes Combined Court Centre,
59. Lincoln County Court,
60. Llanelli County Court,
61. Llangefni County Court,
62. Lowestoft County Court,
63. Ludlow County Court,
64. Macclesfield County Court,
65. Manchester County Court (Crown Square)
66. Manchester County Court (Deansgate)
67. Melton Moybray County Court,
68. Merthyr Tydfil Combined Court Centre,
69. Middlesbrough County Court,
70. Mold County Court,
71. Neath and Port Talbot County Court,
72. Nelson County Court,
73. Newark County Court,
74. Newbury County Court,
75. Newport (Gwent) County Court,
76. Newport (Isle of Wight) County Court,
77. Northwich Magistrates and County Court,
78. Nuneaton County Court,
79. Oswestry County Court,
80. Penrith County Court,
81. Penzance County Court,
82. Pontefract County Court,
83. Pontypool County Court,
84. Pontypridd County Court,
85. Rawenstall County Court,
86. Reading County Court,
87. Reigate County Court,
88. Salisbury Crown and County Court,
89. Shrewsbury County Court,
90. Skegness County Court,
91. Skipton County Court,
92. South Sheilds County Court,
93. Southend County Court,
94. Southport County Court,
95. Southwark County Court,
96. Stafford Combined Court Centre,
97. Staines County Court,
98. Stourbridge County Court,
99. Stratford-upon-Avon County Court,
100. Swansea Civil Justice Centre,
101. Swindon Combined Court,
102. Tameside County Court,
103. Tamworth County Court,
104. Teesside Combined Court Centre,
105. Trowbridge County Court,
106. Truro County Court,
107. Tunbridge Wells County Court,
108. Uxbridge County Court,
109. Wakefield County Court,
110. Walsall Hearing Centre - County Court,
111. Warwick Combined Court Centre,
112. Whitehaven County Court,
113. Wigan County Court,
114. Willesden County Court,
115. Wolverhampton Combined Court Centre,
116. Workshop County Court,
117. Worthing County Court,
118. Yeovil County Court,

IF YOU HAVE HAD YOUR CASE STAYED CLICK HERE TO FIND OUT WHAT TO DO NEXT AND HOW TO APPLY TO HAVE STAY SET ASIDE

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