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hello,
i have searched the internet to try to understand the meaning of a recent letter to no avail, and was wondering if anyone can help me. i recently received a letter from the county court which is processing my claim. it says the following:
general form of judgement or order
it is ordered that:
1. the claim be stayed pending application to restore this claim by either party
2. as the court has made this order on its own initiative without hearing or giving both parties an opportunity to make representations. you the claimant being a party affected by the other may apply to have it set aside varied or stayed by application to be made not more than 7 days after the date on which this order was served upon you.
unfortunately i have no idea what any of this means. additionally i received this letter whilst away for the holidays, and the 7 days after which the letter was received has long since gone. can somebody please explain what i am / was meant to do and whether my claim has now expired? what are my options please? i am sorry to trouble all of you with this matter, but many thanks for any help.
Your claim has been suspended, (stayed), like all bank charge claims are at the moment, until the OFT High Court case is settled. That could be by Feb/ March, nobody really knows.
If you are in severe hardship you can apply to the court to have the stay lifted and for the case to proceed, but this is pretty hard to achieve.
So unless you are in severe hardship as a result of the charges, there is nothing for you to do except wait until the High Court case is resolved . . .
I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
thank you for the replies. i should probably have said a bit more, i am actually making a claim against barclaycard and the credit card charges, not bank charges. i was not aware of credit card charges being affected by the oft case. has this situation changed, or has there been a mistake on the part of the court. if so, what is my next move? once again, many thanks for the help.
Unfortunately, MCOL is mistakenly staying cases against credit card companies! If your claim was through a local county court they have been sloppy or not understood that it is NOT a claim for bank charges.
You can apply to the court for an order that the stay be removed and the case resumed, but there will be a fee for this. However, the court order stated you had 7 days only todo this? I would clarify this by phoning the court, quoting your claim number and simply ask if you can still apply for the stay to be removed.
I had a similar problem with a MCOL claim I had against MBNA. It was mistakenly stayed too, but fortunately MBNA paid up anyway, saving me from having to apply to have the stay lifted.
Also, send an email or fax to Barclays Litigation Team saying:-
"My BC Court Case has been mistakenly Stayed but I am now having it moved on to my local county court to have the case heard.
Would BC like to settle my claim in full now to avoid me taken time off work which will cost you more.
I enclose an up to date schedule of unlawful penalty charges, s.69 Statutory interest and Court Fees paid to date. Would you credit my card account/send me a cheque to settle this matter so we do not have to trouble the Courts further."
Send them your updated SOC and add on your Court Fees to give the total. Send to Kate Ashton at BLT using:-
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
thank you to everyone who replied to my post. slick 132, i have had a response from the contact you have given me. thank you for that. i do need more advice though.
my claim with court costs comes to around £430. i had already been refunded £130 to my barclaycard account around the time when i had started my claim, and barclaycard have just offered me £275 as a Full and final settlement. i am unsure as to whether this includes the £130 which has already been refunded to my account. or will the offer they make be a settlement without any previous money they have refunded to me? any help would be greatly appreciated. it looks like i am close to getting this whole thing finished, but just needed to make sure, hopefully you guys can give me this final bit of help. thanks for all the help so far, greatly appreciated!
i am unsure as to whether this includes the £130 which has already been refunded to my account. or will the offer they make be a settlement without any previous money they have refunded to me?
You are right to be wary. Abbey in particular used to pull this stunt, make an offer, have it accepted and then deduct any previous refund/gogw from the final payment.
You should get written confirmation from Barclays before accepting.
Follow MB's advice above and get clear written agreement on the final settlement terms, ie:-
Total sett't required 430
Less part refund 130
Balance due 300
Sorry, I tried to set this out nicely but can't!
Unless they agree quickly, continue with the Court route and send the letter I suggested above to Court to have the claim unStayed.
Do not stop the Court action until you have the full amount you require credited or repaid to you. Only then should you Discontinue your claim by writing to the Court.
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
thank you everyone, i will get onto it straight away. just one more question in the meantime, is email an appropriate way of getting a response in writing?
Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.
general form of judgement of order
which is processing my claim. it says the following:
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