Find out here if your local court is staying claims

[muggins73]

I've just spoken to a lady at Bournemouth Court who doesn't know of anyone applying to have their stay lifted, let alone have it successfully removed

She couldn't give me a 'heads up' as it were, a simply said that if I applied to have it lifted it is solely at the DJ discression. How helpful is she!!!!!

[remus]

NEWPORT ISLE OF WIGHT STAY request by HSBC GRANTED Hearing 11/9 Vacated.

[remus]

Muggins73, just spoke to the court, and said about putting in an appeal to the stay, and she said it would cost.
Anyone know if this is the case? and how much?

[muggins73]

You fill in a form N244 Application Notice from the hmcs website. It will cost £35 squids I'm afraid providing you tick that you wish to have your application dealt with without a hearing, as at a hearing costs £65.

Have a butchers at this link, everything will become clear.
http://www.consumeractiongroup.co.uk...y-updated.html
Form N244 - application notice

Hope this helps

[monkeymax]

i had my case stayed against Barclays in Kingston County court last Thursday. What do you think are my chances of lifting this stay?

[beetlejuice]

I've applied for a lift at Brentford CC I'll let you all know how it goes not heard anything yet.

BJ

[thedynamix]

Hi guys, I am not sure what 'staying cases' means? Am I right in thinking that if a CC has stayed a case then it means that the case won't be heard untill the OFT case is finished?

What's the best thing for me to do? I need to send off my N1 and POC and I live in the London region. Should I look through the lists provided on here and file at a court in London which is known to be "staying cases" or one which isn't?

Thanks!

[muggins73]

Originally Posted by thedynamix

Hi guys, I am not sure what 'staying cases' means? Am I right in thinking that if a CC has stayed a case then it means that the case won't be heard untill the OFT case is finished?

What's the best thing for me to do? I need to send off my N1 and POC and I live in the London region. Should I look through the lists provided on here and file at a court in London which is known to be "staying cases" or one which isn't?

Thanks!

'claim be stayed' simply means put on hold, pending the final determination of the OFt test case (which could amount to 2 years:o)

It is totally up to you how you wish to proceed, it may be worth looking through the list for a court that appears to be carrying on as normal as you've suggested, but there is a chance that your claim may be moved back to somewhere local.

In the long run this test case will be beneficial to all, but in the short term it is one great big pain in the rear

Good luck with whatever you decide.

[thedynamix]

Thanks muggins, thats a lot more clear.

And if I decide to file at a court and my claim is stayed, is there still hope for a way to push it through?

Why do courts stay them claims? A matter of fairness or?

[muggins73]

This is new territory for us and the courts, so things are still very much up in the air at the moment.

There is no clear cut way of predicting what is going to happen with future court proceedings. The only sure thing is that the tide is definately turning, and hopefully in our favour.

I've read somewhere that the courts do intend to hold a meeting with regards to these 'stays', but exactly when and how long this will take is beyond me...if the truth be known I doubt if even god knows!!!LOL!!!!

[beetlejuice]

It's shame we can't charge the courts interest on our claim fee, that might move them along a bit!!!!
" inconsiderate borrowing rate" of ??.


BJ

[muggins73]

It is a damn shame,bj.

I think it'd go down a storm, dont you?

[beetlejuice]

perhaps we should be allowed to submit claims with no fee in the interim I have one or two at LBA stage for Banks! Then pay the fee once the big boys have had their bun fight!!

BJ

[Mistermind]

Originally Posted by muggins73

In the long run this test case will be beneficial to all, but in the short term it is one great big pain in the rear

Beneficial only if the OFT pushes for a low rate. Dublin banks this very day charge £3 penalty fee, CAG and PenaltyCharges.co.uk suggested £5 fee, while the OFT itself set an intervention threshold of £12 on 5th April 2006 for credit cards, later stating without fanfare that £12 also applied to banks and mortgage lenders. Banks and mortgage lenders laughed at the OFT, who did nothing.

Some have suggested if you start your reclaim today you could go back to September 2001. But if the worst came to the worst and the test case with appeals do not reach final verdict until September 2009, then the civil Statute of Limitations makes it hard to reclaim penalty charges before September 2003, also losing the pre-2003 8% Statutory Interest to boot.

[muggins73]

Originally Posted by Mistermind

Beneficial only if the OFT pushes for a low rate. Dublin banks this very day charge £3 penalty fee, CAG and PenaltyCharges.co.uk suggested £5 fee, while the OFT itself set an intervention threshold of £12 on 5th April 2006 for credit cards, later stating without fanfare that £12 also applied to banks and mortgage lenders. Banks and mortgage lenders laughed at the OFT, who did nothing.

Some have suggested if you start your reclaim today you could go back to September 2001. But if the worst came to the worst and the test case with appeals do not reach final verdict until September 2009, then the civil Statute of Limitations makes it hard to reclaim penalty charges before September 2003, also losing the pre-2003 8% Statutory Interest to boot.

Like I said...one great pain in the rear

[TUTTSI]

Hi everyone, my hubbys HSBC claim at Barnet CC has now been stayed - looks like blanket stays at this court. Just considering whether to try and get it lifted.
DS

[kopw]

Just had confirmation today that HIS HONOUR JUDGE HICKINBOTTOM sitting at Cardiff, has stayed my claim. I have applied for the stay to be lifted. The only good news is that Cardiff County Court are waiving the fees.

If my application is not successful then I'll put it on the back burner and forget about it until I get something through the letterbox in a few years. I just can't cope with all this stress. I get enough of that at work.