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District judge **** sitting at chapel st blackpool lancs considered the papers in the case and
ORDERED that:
1. Save as appears in this order, this action be stayed pending the final decision in the test case between the OFT v Natwest bank plc and others (the test case) or further order of the court.
2 the defendant shall by 4.00 on friday 31st August 2007 serve on the claiment a copy of the particulars of claim in the test case or notify the court and the claiment of a website where the statement of claim may be viewed and downloaded.
3. the defendant shall within 21 days of the final decision in the test case file at court and serve on the claiment:
(a) A case summary of not more than 500 words setting out effect of the final decision in the test case on this action.
(b)There proposed directions in this case.
4. Upon reciept of the documents set out at paragrap 3 of this order the file be reffered to the district judgeto consider further directions.
5. Either party may apply to vary or discharge this order,provided that any application is made in accordance with part 23 of the Civil Procedure Rules and made on 21 days notice.
I presume my next course of action is to try to get the stay removed?
There are 2 options for this
1. £30 for just application
2.£65 for application with a hearing
Will it be better to pay the extra and go with the hearing?
Do i have to apply on the 21st day till i apply?
If Lloyds dont comply with part 2 (2 the defendant shall by 4.00 on friday 31st August 2007 serve on the claiment a copy of the particulars of claim in the test case or notify the court and the claiment of a website where the statement of claim may be viewed and downloaded.) will this streanthen my application for the stay to be removed?
5. Either party may apply to vary or discharge this order,provided that any application is made in accordance with part 23 of the Civil Procedure Rules and made on 21 days notice.
Hiya, not sure about the 21 days bit, but most people have just paid the £35, and not bothered with the hearing. I took my application down within 7 days, and they waived the fee at the court, so sometimes it's better in person too.
I would say anything Lloyds don't comply with will strengthen your case, but I would check with the court to see if it's worth applying to get the stay lifted, or if they are doing it on all cases. They might still be going on a case by case basis, and how long your's has been on the go etc.
My claim and questionaire/Bundle have been in since june i was just waiting for the judge to set a date.
Gonna wait till after the 31st then apply for the stay removal.
I was told by the court that all cases have been stayed.
i was also told that i cant apply to have the stay removed, But that wont stop me trying.
hows this for customer service from Lloyds i had my coat stolen with my bank card in it a month ago, 3 phone calls later iam still waiting for my replacement card
and they have also demanded that i now clear my overdraft in the next six months.
I will update here after i have had a response re the removal of the stay.
Ah, sorry, you are ahead of me already. Hope your application goes well, some courts are still going case by case basis, so there is hope still. (I was advised by Coventry Court yesterday that this is the case, they are not issuing blanket stays).
AWDK v LLoyds TSB
bank plc and others (the test case) or further order of the court.
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