In Court on 12th Urgent help needed please!

**wilsikon** · 8th September 2007 12:21

I had a court date for the 12th and today I got a letter from the court saying it will now be a hearing for Wragge to apply for a stay. Is there anything I can try to do to stop this from happening. Wragge made me a settlement offer of less than half the amount I was claiming a month ago. Any help would be very gratefully accepted.

Similar Threads:

**jansus** · 8th September 2007 17:57

I posted on the other thread.

My thread is in successes if you want to read that

Jan

**jansus** · 9th September 2007 12:10

I see from what Kay posted that they did the same for her but then settled just before the hearing - so there is still hope

I will pm you

**jansus** · 9th September 2007 12:19

The Stay - Here is the application grounds for the removal of the stay

**Varangian3** · 9th September 2007 12:44

Wilsikon

Your details of how the bank has failed to comply with court requirements are very important here, but sadly in many cases the courts don't seem to take this seriously when considering stays.

One of the problems with applying to prevent or lift stays is that people are using templates and complex legal arguments that are generally not working. In the few cases where the stay is blocked or lifted, this seems to be because the Claimant has severe hardship grounds and articulates these well.

TBH, unless you can evidence severe hardship I see little evidence that any court is supporting Claimants at present. If you want some further guidance on the possible arguments and how to frame them please let me know.

**wilsikon** · 11th September 2007 07:51

Having read it carefully, it says thar Wragge won't be attending but if no stay is granted they will appeal......

**jansus** · 11th September 2007 20:01

if you pm scoobz -she has a list of names and court cases settled since OFT case that may be useful for you to take with you -

Jan

**jansus** · 11th September 2007 20:26

!!!!! OFT could drop test case !!!!!!!

wishing you all the luck in the world for tomorrow- lets hope the judge has read this!

Jan

**scoobz** · 11th September 2007 22:20

Good Luck tomoz Wilsikon we'll be thinking of you!!

If you need that list of settled claims then let me know..

Let us know what happens when you get back.

Scoobz

**wilsikon** · 12th September 2007 13:42

Stayed! Bugger!

**scoobz** · 12th September 2007 14:01

Oh no I'm really sorry its bad news...

Was it just you at court or were there other bank charges claimants?

Are you going to appeal the stay?

I expect this is going to be the new routine now with Wraggies and we are all going to have our cases stayed!

Scoobz

**jansus** · 12th September 2007 17:45

Sorry to hear your news - but dont feel bad if you read Lloyds icon

threads today it seems we are all back to pot luck with the judges - so not your fault

what happened in the court

did A&L appear ?

did you get a fair hearing?

It seems like lloyds forum are getting more help than us

jan

**jansus** · 12th September 2007 17:47

hadyanth vs Lloyds TSB - Goodbye fingernails...

**wilsikon** · 12th September 2007 18:19

Wragge were there, they tried to get it struck out altogether because the claim is only in my name but the account was joint, it was explained that this is because there is only room for one name on MCOL but the judge said he was going to stay it anyway and this would give us a chance to 'address the situation' and get the claim changed to being in both our names (if anyone knows how I do this I would be grateful) we asked about appealing and were told we could be he didn't see much point to it. I am just hoping that the Test Case goes to pot and then we can try again, but we have been warned to get both names on or he will strike it out!

**jansus** · 12th September 2007 18:55

What?!!

I was always told that was not a problem - my case was in my name and was a joint accoint and so are many others??

Never seen that as a problem before

JAn

**wilsikon** · 12th September 2007 19:05

They did mention it in their original defence but it was everyone on heres feeling that they were trying it on. They said they wouldn't be attending today but they did smug little beep!

**jansus** · 12th September 2007 19:20

is your account special in that it is both to sign for all transactions?

Or can just one of you sign cheques?

There is a form that you can download from HM courts site to change POC icon

- but I think you should query this first as it seems a bit odd?

There may be others in the same position if this is correct - and why have they not even queried it on my claim?

Jan

**jansus** · 12th September 2007 19:29

Quote:
Originally Posted by spiritgirl59

Obviously with a joint account either of you can take action (and don't be fobbed off if the Solicitors write to you telling you that it is a JOINT account and therefore both of you have to take action as that is b****ks. - EITHER of you can commence proceedings as you are both jointly liable for a joint account. There is something on my bank threads about this, I will find it for you and put it on here.

Hi again Hopeful1

Great idea from Rory about the fos icon

if your husband really wants to avoid going into a court.

Here is the information regarding claiming charges on joint accounts which I found for you in case you need it. I can't recall which member helped me with this now but thanks again to whoever did

Love Spiritgirl x

As regards the part of my claim relating to the joint account of myself and my wife, may I respectfully refer you to Civil Procedure icon

Rule 19.6:Representative parties with same interest icon

19.6 (1) Where more than one person has the same interest in a claim (a) The claim may be begun; or (b) The court may order that the claim be continued,By or against one or more of the persons who have the same interest as Representatives of any other persons who have that interest.

found this on another thread

jan

**jansus** · 12th September 2007 20:00

Platinum Account Customer

Join Date: Apr 2006
Posts: 9,712

Re: Joint Accounts
Just 1 name, as long as the a/c doesn't need both signatures for cheques etc.

and this

**wilsikon** · 13th September 2007 07:44

Thank you for that, the account was just a normal joint account, it started off as mine and I added my husband a couple of years later. I really am losing the will to fight now. Apparently we are going to get some forms from the court in the next couple of days about the stay.

It was the head man from Wragges at court Clark Sargant who was urging the judge to stay all A&L claims automatically. The judge took a dim view and told him it was his duty to review all cases on an individual basis. Then he told us that because there was a discrepancy with the names it could legitimately lead to being struck out and he would stay it to keep Wragge happy but to give us chance to correct it. I will have a look at the form you mentioned to change it and then appeal, you never know the test case could go reels of cotton before I get there.

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