Thread: Any point in seeking to get a stay lifted ???

Hi,

Like many others, who I imagine are close to despair over the effect of the Test case, I am gutted. My case against A and L was due to be heard in court on the 14th August. Moreover, I have just noted from the A and L website that re court cases their position is:-
(from website...) Can I make a court claim for a refund during the test case?

Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

Is there any point is seeking to ask the court to overturn the stay - possible arguments: A and L are not party to the test case, inappropriate to stay a case for over a year merely to await a decision on general principles, appropriate for case to go ahead and A and L to exercise their right to appeal should they lose OR is it likely that any reqeust for a stay to be lifted will be a complete waste of time; i.e., no judge in the land is going to lift a stay whilst points of law are being examined in a higher court.

Could do with some advice, particularly from site moderators, or (no disrespect meant) from those in the know....if there is benefit is seeking to have a stay lifted it would be great is someone could advise me of the procedure to follow !!!!

Any ideas, advice or solutions re above and re turning my mind away from jumping off a bridge (so near to Court yet perhaps now so far) ?????

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hi caerphilly

please don't despair
or get too down-hearted

we're all here together in this
and at the very least - the sun is shining down on us today !

I personally feel that each judge in each court is going to react differently.
some may not even grant a stay if a&l apply for them.

At the moment no-one knows what is going to happen,
or how the different judges around the country are going to react.

I myself, am going to ring my local court tomorrow, to get their views/advice on how they are going to handle the current state of affairs.

It might be worth your while giving your local court a ring -

I think this is your Best Option right now - and at least you will know where you stand.

come back and let us know what your Court say.

take care
chin up

and SMILE

and I'm sure a moderator will come along shortly to put your mind at ease !

alice down the rabbit-hole - again !
xx

Thanks,

Your reply brought a smile to my face - you're right, it's a bright day after weeks of wet weather; what the heck, we all need to hang on in there. I see what you mean re each Court deciding how to proceed - if nowt else the judge lined up for my case was willing to give Shambo a stay of execution !

Thanks for advice, moral support and lift - all the best. [naughty word] to the banks !!!!!!

hi, I just to let you know guys that I have won my court case against Lloyds TSB total: £3700 I am now in the process of waiting for 28 days for Abbey to defend my case, they have until 28th Aug 07 and I will phone the county court the next day if they have file a defense yet if not I will ask the county court for judgement. Don't give up now guys...and good luck 2 u all. fingers cross wish me luck

Hello, I just spoke to Romford county court, that is where my case will be heard, The woman i spoke to said that the court is not granting any of the banks a stay, and that i will be getting a court hearing in the next few weeks, so hopefully all the courts will have the same idea

clue