Bankchargesnotus V Lloyds TSB

[bankchargesnotus]

Thanks

Is this not giving them more time though I was hoping I coule ask the judge to rule at this stage.

Thanks

[GuidoT]

Yes it gives them time, but you will be waiting several months to be listed for a hearing.

You can request a strike out as my post 27 if you like and the alternative of the draft order, but I was trying to keep matters easy for you given your current circumstances.

[bankchargesnotus]

Thx
So once I have sent this what will be the next step for them and me timewise??

X

[GuidoT]

You should hear from your court is say 3 weeks (but this really does depend how busy or efficient they are) and that will dictate how matters proceed, i.e. whether they order the new strategy or not.

[bankchargesnotus]

Sorry how do I find your post 27
Thx

[GuidoT]

Try looking on your own thread, but just for you, here is a link to it:
Bankchargesnotus V Lloyds TSB

[bankchargesnotus]

Hi Guidot

I really appreciate all your help, having major problems as my printer has crashed, the court will have now received the letter I sent to sols indicating the stay was due to expire, can I not just ask the judge to make judgement as i am so confused about this just cannot concentrate straight at the moment, I have a letter from the hospital indicating that I have spent day and night at my dads bedside during his ilness just to demonstrate that I need an end to this and TSB have ignored me since November and that is unlikely to change.

Again I really appreciate your help and advice and if I have to do it the other way I will but if there is a simpler but not risky outcome I would appreciate it, also not had any replies on my other thread against yorkshire bank you couldn't take a quick peep at the last post and advise could you.

Many thanks
Bank

[GuidoT]

I do not see that you have a specific question above, if you do then post it up please.

I have posted on your YB thread.

[bankchargesnotus]

Sorry I know I am probably not coming across clearly, can I not just ask the judge to rule in my favour or make judgement based on the fact they have not contacted me even though I sent a letter last week.
Thanks

[GuidoT]

It is not that simple. Effectively my post 27 (on your thread) tells you how to request that the defence is struck out.

I am going to give up explaining. I am concerned that you are going to be well past the stay period.

PM me your email address and I will email you something over.

[bankchargesnotus]

can anyone advise, had letter from court last week saying that if they do not comply with sending ammended schedule by 4th their defence be struck out and all amounts plus interest will be awarded, in light of what hasd just happened do I still have the same opportunity or is the frezze immediate, I read somewhere that it has to go to the mastre of roles so i am hoping that means it could take a bit of time to come into effect??

Anyone advise, please.

Thanks

[GuidoT]

There is a possibility that court claims will be stayed pending the outcome of the OFT test case, we just do not know yet.

You should in the meantime, carry on as if business is as usual.

[bankchargesnotus]

Back again!

Not been really doing anything with this as after my dad died recently not had the heart or the head to, but I do need to spur myself on and get a bit of advice in the meantime.

My last paperwork from the court was a General Form order of Judgement or Order, it states that
The claim be staed forthwith pending the ultimate determination of the proceedings. [and the trial date for 3rd October be vacated]
Few more general things and
Unless the Court had given directions in the meantime, the defendant shall within 28 days of the final determination of the proceedings apply on notice for directions.

I am guessing that my trial date is cancelled and once the test case has gone through I will recieve new directions, so I dont have to do anything further at this stage???

Any advice greatly received.

Thanks

[GuidoT]

Welcome back.

Sorry to hear about your father.

Unfortunately the majority of claims are being stayed and there is very little you can do, unless you have exceptional circumstances, such as hardship, where it is worthwhile applying to have lifted.

You now just have to wait, just think of the interest accruing.

[bankchargesnotus]

My word it has been a while but I am looking for advice again. At the moment and since I lost my dad I am suffering serious fianacial hardship I am on incapactiy benefit and receiving help from CAB regarding debt. I havn't even fully paid off my dads funeral fully as I am still in the same trap of being skint and going over my limit so getting stung with charges. I really have more going out that coming in at the moment which leads me to my next question can I apply to have my case settled now due to my financial status, if so how and would I get the full amount with interest. Any help wopuld be greatly appreciated.

[GuidoT]

I think it is futile to request that your case is settled now, nothing will happen until mid May, have a look here.

Even after then, I consider that the stay will continue through until 2009.