Removal of Stay

Noddy73 · 30th July 2007, 20:44

After reading the thread about the people in the London Court today and them been given stays. I am wondering whether anyone would like to think about this.

From memory, HSBC Defense says it is a service and therefore UTCC does not apply. So what about an request to remove the stay based on the fact that OFT case is UTCC and I am also claiming under common law and SOSG Act. Therefore OFT Case is only one point and HSBC Defense says it is a service therefore not the same as OFT Case.

I could be completely wrong or barking up the wrong tree, but it is just a thought as my Court Case is on 24 Aug and I would like some closure.

Thanks.

lateralus · 30th July 2007, 21:24

have a look at this:OFT v Banks - **Don't panic!!!**
hopefully, your case will proceed on track.

Noddy73 · 30th July 2007, 22:14

London and Cambridge got Stays today. So want something to say to the judge to limit the stay or try and remove it.

jowalshy · 30th July 2007, 22:33

GaryH is going to post something real soon regarding the stay.

lateralus · 30th July 2007, 22:37

posted to you on your thread, noddy

Castlebest · 31st July 2007, 02:02

Not a lot of help to you noddy, but I have a feeling not all of the courts will follow the OFT and FSA like sheep.

The OFT and FSA have allowed the banks to not investigate customer complaints untill the outcome of the test case. This unfortunatly ignores statute law amd grossly infringes on consumer rights, I think the judicary (who arnt a party to the old boys club agrement) are going to have to break ranks before the 12 months are up and start hearing cases anyway.

pete

GuidoT · 31st July 2007, 18:13

For removal of stays:
http://www.consumeractiongroup.co.uk...ml#post1046820

deadzebra · 31st July 2007, 18:23

Anyone know if some of the claims that were stayed in London & Camb' had courts dates? Has anyone here been given a court date, but then had it stayed this week?

Thanks.
Kev.

Noddy73 · 31st July 2007, 19:40

If it has been stayed why not use the template above to get it removed. Worth a shot. Otherwise you'll be waiting until 2012 to get your money

Castlebest · 31st July 2007, 19:45

I've personaly not seen anyone who has had a stay put on their case pending the OFT case yet. No doubt it will come

pete

Noddy73 · 31st July 2007, 19:49

I found two in the General Forum.

GuidoT · 31st July 2007, 19:49

CB - There have been a few stays granted by the courts:
Blackpool County Court "STAYS"

Removal of Stay

Just got home from Court

Equally there have been many courts that have carried on regardless. As usual it is all inconsistent.

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