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.
I have been in dispute with my bank over a credit card account for the last year. about 6 months ago they issued a county court claim for the credit card (about £5k) AND my over draft of £1k.
I defended because the bank haven't produced any documents and have the wrong amount. I also counterclaimed for bank charges of almost £2k. The bank then wrote 'without prejudce' accepting my counterclaim of £2k IN FULL and suggesting that the £1k they would be offset against the credit card provided I accepted their interest charges and consented to judgemmnt being entered against me. I declined and told them to prove their case. The bank stilll hadn't produced any paperwork so a couple of weeks ago, I wrote to the court which then ordered the bank to disclose various documents and set a trial date.
Today I learnt has gone to the court on a 'without notice' application and been granted a stay on their own case.
Anyone come across a bank asking for a stay on their own case and if so, how do I get the stay lifted?
Hiya Doc, do you have the confirmation notices from the court yet? what reason's have they listed for staying the banks case?
Firstly if they are using the test case its wrong because the test case shouldn't affect credit card claims, most of your counter claim and indeed the banks initial claim would be based on the Consumer Credit Act which isn't being clarified by the test case.
I would think its some "clever" solicitors idea of delaying things and muddying the waters because they don't have the documentation that they should have. from what you have said I would be inclined to appeal against this stay.
Research the basis of the test case, what is and isn't being clarified in the OFT's POC's, check the basis of the banks claim and your counter claim if the two don't match get the stay lifted and drag them into court .
All the Court stated in its Order was that the claim and counterclaim are stayed pending the outcome of the test case. No other reason given.
As the bank have annoyed the judge a bit by not filing on time and asking for extensions etc, I think I will risk a little annnoyance of my own and appeal the stay.
I think that you might find that it was stayed because you introduced bank charges into the counterclaim, you should have kept them separate , 1 claim for credit cards and 1 for bank charges, that way the bank charges would have only been stayed, you could appeal asking for just the credit card element to be heard
Four page submission made to lift stay but kept getting fee wrong. Eventually went into court before Xmas. Now waiting for outcome. I would be very happy if judge asks both of us to appear and argue case but he might just lift the stay - I am an optimist!!
Lula, it was the bank who introduced the overdraft to their claim so I didn't have much option but to counterclaim. What surprised me was the amount I had been charged. I am also annoyed that the bank accepted the counterclaim in full in their response to a CPR 18.1 request but headed their letter 'without prejudice', so I don't think I can introduce it to the judge.
Falkirk, no this isn't a Scottish bank - it's a stupid English one I'm afraid.
Now had a hearing date of 7 March and bank's solicitors have written to me to say they are going to attend and instruct Counsel from London, and that I will have to pay their costs if I don't withdraw. Are they getting worried and just trying to scare me or do they have a case.
The bank still hadn't produced any paperwork so a couple of weeks ago, I wrote to the court which then ordered the bank to disclose various documents and set a trial date.
Have the bank ever complied with the court order to disclose these documents? if not I would write back stating you (and the court) are still awaiting disclosure in accordance with the court order and they will have to pay your costs and all of the interest that has accrued while they have been messing about
The comment they have made about you paying their costs is just a tactic to try to scare you, they can claim for their costs if you lose but it will be up to the judge to decide if he is awarding costs, its not automatic.
No, they have never produced any documents, either as a response to my CCA request or to a letter under CPR 18.1.
They just offered to accept my countclaim in full if I would consent to judgement against me for the inflated credit card claim.
The court did order disclosure but the bank wrote back asking for the stay. I think they got it automatically from the court staff, rather than the judge actually reading the papers.
Bank granted stay on its own case
claim for the credit card (about £5k) AND my over draft of £1k.
Reply With Quote
.
Originally Posted by Docman
