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This forum is set up so that users can track their progress specifically where they are objecting to a stay or are applying to have a stay lifted. Hopefully patterns will soon emerge from which others can learn.
Please use this forum only for matters relating to stays. Any other info relating to your claim should be kept to your thread in the forum relating to the appropriate bank which you can continue to update on all matters.
It is suggested that you start a thread using the title
We have two claims against Lloyds - both listed for same day North Shields. Today we received letters from SC@M re. OFT proceedings. One paragraph states : As a result your case is likely to be put on hold until the outcome of this test case is known. We or the court will be contacting you about that soon.
( Who the Helllllllllllllllllllllll llll do they think, they are )
Would I be able to send request in ( as your post .) Or is that just to be used if a stay is granted.
If a stay has not been ordered as yet you can simply send a letter to the court and the defendant with your objections to the stay without paying the fee.
Why don't you start a thread and keep us updated on how you get on
If a stay has not been ordered as yet you can simply send a letter to the court and the defendant with your objections to the stay without paying the fee.
Why don't you start a thread and keep us updated on how you get on
I've received the following letter from Slough county court dated 16th August 2007 reference my case against Abbey.
The Court is aware that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the UNFAIR TERMS IN CONSUMER CONTRACTS REGULATIONS and other legislation to such charges. Further information in relation to the test case is available on the OFTs website. The Office of Fair Trading: making markets work well for consumers
Upon it appearing that the issues in the test case will affect this claim, the parties are invited to write to the court within 14 days of receipt of this note with any comments upon the issue of a stay of the claim until the decision in the text case is made known.
Upon expiry of 14 days the file will be referred to the District Judge to consider whether a stay is appropriate.
I could do with some advice on how to reply. Should I modify the application for removal template in some way. I know time is ticking and I've got until the 30th of this month to respond. Fortunately the Court isn't far from me and I can drop a reply in by hand.
As this letter was addressed to me do I have to send Abbey a copy of my reply or inform them of actions? To date I haven't received anything from them to say they are applying for a stay. Hopefully, with the bank holiday and their usual slow approach to responses they may have missed the boat.
Para 3 states ' If no application is made to lift the stay or seek further directions before the earliest of the dates provided for in para 1 above the claim shall stand dismissed without further order.'
Anyone clarify this please. Does this refer to the 'Draft Directions' rerquested in my aq. Completely confused. Any help please.
I've received my banks application for a stay(A&L) The hearing is on the 4th Oct. Any info i can use to contest the application? The courts said i can object on the day and i must attend, does the A&L have to attend cos their track record..they probably wont.
Jenny
Sent an application for removal of stay on 10th September and have today received a Notice of Transfer of Proceedings. They have transferred the case to Colchester (just as far from me as Northampton!) I called Colchester and they said that it was a common mistake as there was a town with the same name as my home town but that they would automatically transfer it to my local court.
It also had two Orders from Northampton county court.
ORDER 1
It is ordered that:
1) The Claimant's letter stands as an application for leave to lift the stay
2) No fee payable
3) Transfer to Claimant's home County Court
Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.2 within 14 days of service of this order.
ORDER 2
It is ordered that:
1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. **
Note: Any party affected by this Order may under Rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.2 within 14 days of service of this order.
** Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details.
I have rec order of a stay court date 20 november, i phoned local bristol county court, to ask if it was worth aplying for removal of a stay, they said no as all court dates are now up to end of december, so removal would probably not be granted. i am neervous already about nov court date and what to prepare, am also desperate for money, so do not know which way to go, advice please.
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Originally Posted by zootscoot
