Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Before District Judge.........
Upon reading the file.
Ex Parte
It is ordered that
Upon it appearing that the issues raised in the test case, OFT-v-Nasty West Bank + others, will affect this claim, the claim is stayed until further order BLAH BLAH BLAH............
Oh my god! Its stayed before I even get a defence through!!! How can this be?????
HHHHHHHHHEEEEEEEEEEEELLLL LLLLLLLLLLPPPPPPPPPPPPP
Night Owl
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Hi zootscoot,
its Gloucester county court.
I phoned the court today and the lady said that everything to do with bank claims is being stayed. I told her that I hadn't had the defence yet and she said I probably wouldn't!!!
Now what can I do?
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
No,
"either party may apply on notice at any time" !
What does Ex Parte mean at the to of the order?
"Upon reading the file
ExParte
It is ordered........."
Thanks
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Can I object with no defence, just object to the fact that I have been stayed?
I really thought that this Abbey claim was going to go all the way to court after having 2 stays put on my Lloyds claim.
I am begining to suffer real financial hardship because of all of this with payments for mortgage and secured loan etc slipping into arrears over the last few months. My O/H and I are in employment, no real benefits apart from Child benefit (just dropped now our eldest has left home) and child tax credit. But we are now starting to suffer from all of this. It's been 5 months since I started the Lloyds claim.
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
I'm not sure what you mean by objecting with no defence. You get a chance to put forward your reasons for objecting to the stay and Abbey will get the chance to put forward their reasons for objecting.
Hardship is not limited to those on benefits. Its about your income and expenditure. Many people in work suffer financial hardship whether it be a result of low income or a debt burden or simply high level of living costs.
If you are in arrears particularly mortgage arrears this is good evidence of hardship.
Many thanks zootscoot,
I have been reading application for removal of a stay.
I think I will have to keep going forward and put in an N244 against this stay and if it is refused will try and apply for removal of the Lloyds stay.
It's all so depressing now.
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
You don't seem to have the most sympathetic court but the more people that challenge the stays the less likely the courts will see this as an easy option. Also the fsa waiver is up for review next week which may bring some good news.
Keep fighting you'll get your money sooner or later.
Thanks zootscoot,
just one little question.
We have 2 joint bank accounts - one with Abbey and one with Lloyds.
O/Hs pay goes to Abbey and pays for 2 loans, council tax, credit cards etc and my pay goes to Lloyds and pays mortgage, etc also has child tax credit payed into it (child benefit goes to a building society acc).
On the hardship part of the witness statement do I only show my husbands salary against our outgoings and arrears for the Abbey acc? Which means I can't show the mortgage arrears as they come from a joint Lloyds acc.
Confused!!!
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
The hardship point is a separate issue to the substance of the claim so you are not limited to only showing the account for which you are claiming from.
You would need to show all income and all expenditure for the household. Also any statements on accounts in arrears or letters demanding payment.
Thanks zooscoot,
thats good because I have access to credit expert so can print off evidence from there and will gather letters from others.
I have no choice but to continue this fight to the bitter end. The two claims amount to a lot of money and will really sort out our finances once and for all.
Thankyou for the encouragement and wise words zootscoot.
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Its also worth making a big point of the continuing charges and demands the bank will be placing on you regardless of the test case and the stays on litigation and the possible further disadvantage this could have with regard the use of the credit reference agency's and debt collectors because no equal stay has been placed on the banks continued actions.
I wrote a sort of preamble for my own stay application its post #197 here
Thanks Pete for your advice.
Im trying to read around removal of stays and hardship cases because I have used all my savings to stay afloat but am now sinking fast thanks to bank charges.
Well done for getting a hearing on the 8th Oct. Are you using hardship? you've had a rough time.
Good luck
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Thanks for that caro, scales tipped! 03.38! you are a Night Owl too!!!
Spent most of yesturday doing expenditure list and copying evidence and printing N244 for removal of the stays for both the Abbey and Lloyds claims. Might as well go for them both at the same time.
Don't hold out much hope though from what people are reporting here.
I think both of my stays were from the Judges decision (Ex Parte) so was going to send both N244's + paperwork to the court not to the solicitors.
More money to find and the car is booked in for a service!! Got to find the money for that or it will breach its warranty!!! AAAGGGHHH!!!!
Night Owl
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
It will need to go to the court for the official application to the judge, but if the bank's solicotors see that you have a good application, they will not want to appear unreasonable by contesting it. It could save the need for a hearing and get the stay removed more quickly, and save you paying extra for a hearing. Give the bank 7 days to respond before sending it to the court.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Hi caro, thankyou for your reply. Up so early after a late night!!!!
Do I just send a copy of the witness statement + all the evidence to the banks solicitors, wait 7 days for a reply then send N244 and everything to court?
I was filling the N244 for £35 without a hearing anyway because of the cost of two claims.
How much more amunition can I gather for the Lloyds claim!
Thanks,
Night Owl (my turn to be up all night tonight!)
Keep up the fight against Bank Charges
and sign this petition.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Night Owl -v- Abbey stayed!!
Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! 
Reply With Quote
