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Old 8th August 2007, 14:00   #1 (permalink)
the-miser
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Default Has Anyone Successfully Lifted A Stay Against Their Claim ?

HI all ,

With the OFT TESTCASE and NatWest saying that they will apply for a stay in all claims that have reachedthe courts, I though It woul be good to open a new thread just on the subject of LIFTING OF STAYS !! to find out if anyone has successfully aplied for a lifting of the stay and how they did it ?


NatWest - Test case - Overdraft Charges - Update


Your input is much appreciated !
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Old 30th August 2007, 15:51   #2 (permalink)
JulesTools
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Hi miser

I havent seen any that have been successfully overturned other than Tempty vs NatWest on legal bea gles.info which appears to have been following a call to her local court this morning. The application was personal to the claimant and quoted the SSA and Tax Credits Acts, and outlined personal circumstances.

Its quite interesting might be worth a look at.

Hope that helps.
Jules

Last edited by JulesTools; 30th August 2007 at 16:22.
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Old 30th August 2007, 17:55   #3 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

I have sent my application to have the stay lifted a few days ago - will report back when (and if) I get a response from the Court, must say I am a bit depressed about all this I was almost there - just a few days to go till court date - when all this haappened and I received a stay order. £6k is a lot to wait for!!!!!!
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Old 30th August 2007, 18:39   #4 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.
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Old 30th August 2007, 23:33   #5 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Quote:
Originally Posted by hedgey06 View Post
A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won!
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Old 30th August 2007, 23:35   #6 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Quote:
Originally Posted by tonycee View Post
Isn't it?!!!

That's a fab piccie tc!
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Old 30th August 2007, 23:39   #7 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Quote:
Originally Posted by hedgey06 View Post
That's a fab piccie tc!
Thats me when i was 3
712 years ago.
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Old 30th August 2007, 23:48   #8 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Quote:
Originally Posted by tonycee View Post
Thats me when i was 3
712 years ago.
LMAO!!!!
You're only 5 year old than me then!
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Old 31st August 2007, 00:31   #9 (permalink)
JulesTools
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Quote:
Originally Posted by hedgey06 View Post
A stay was refused at Welshpool today - DJ said no way and allowed the hearing to go ahead. Claimant won! Won't tell you who it is yet as they haven't updated their thread due to not having internet access at the moment.
Was this a stay applied for by the banks that was refused or an existing stay that was overturned by way of an appeal? So far Tempty v NatWest on legal bea gles . info is the only one I have actually seen overturned , there have been a few Courts I know of that have refused stay applications but this change of Order by the Court is the 1st one of its kind as far as I am aware.

A big help for anyone in the same situation as far as I am concerned.

Jules

Last edited by JulesTools; 31st August 2007 at 03:09.
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Old 31st August 2007, 12:18   #10 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Quote:
Originally Posted by JulesTools View Post
Was this a stay applied for by the banks that was refused or an existing stay that was overturned by way of an appeal?
This was an existing stay that was overturned by way of an appeal Stay Lifted At Eastbourne County Court
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Old 31st August 2007, 12:51   #11 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

ok so my case has now been moved to nottingham county court for that court to deal with my application to remove the stay. ive also just received a letter saying it is ordered that allocation questionairs be dispensed unless the district judge at hte courte of transfer orders otherwise

note i havent had to pay anything to aply to lift my stay.

i simply sent a letter (Found on this site)
the letter i recieved back from court said it is ordered that:-

1) the claimants letter stands as an application for leave to lift the stay.

2) no fee payable

3) transfer to claimants home county court.

i take it this is good!!?? i was about to give up lol
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Old 31st August 2007, 12:55   #12 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

It's a positive step Wadsi - make sure you're prepared for the hearing as much as possible. This thread I have a hearing date about the n244 i filled in has some good tips on how to prepare your supporting evidence for the hearing.

Best of luck hun
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Old 31st August 2007, 14:11   #13 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Hey all,
I have a hearing date for late September to have the stay lifted against Cobbets. I dont think i can argue hardship really so i have to take an alternative angle...any ideas??? I am hoping NatWest settle before the hearing. Does anyone know of Cobbets attending a stay hearing yet?? I know Jansus states that she has settled before the hearing.....fingers crossed
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Old 31st August 2007, 22:20   #14 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

Quote:
Originally Posted by hedgey06 View Post
This was an existing stay that was overturned by way of an appeal Stay Lifted At Eastbourne County Court
Never knew that....Applause for the Judge.....

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Old 31st August 2007, 22:22   #15 (permalink)
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Default Re: Has Anyone Successfully Lifted A Stay Against Their Claim ?

tc............ how much do I love you???

Loaaaaaaaaaaaaaaaaaaaaaaa aaaaaads!!!!!!!!!! xxx
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Old 31st August 2007, 23:07   #16 (permalink)
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