Thread: "Stays" after/during the test case

i have 2 of my claims in court, they were filed last year, the were duely stayed, i opted not to apply for them to be lifted expecting the OFT to be sorted by mid 2008. Now it seems this is gonna take another year and the banks will get an extention to the waiver, are the cases that were stayed, automatically put back into the system or do we have to send yet another form to the courts, i am wishing now i had applied for the stays to be lifted , is it too late to do that now.

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are the cases that were stayed, automatically put back into the system
Yes

or do we have to sent yet another form to the courts,
No

i am wishing now i had applied for the stays to be lifted ,
Very very few succeeded, so you would probably have wasted your time


is it too late to do that now.
The judge may give guidance on stays at the Case management Conference on May 22nd

...and the waivers granted to banks, and by extension the guidance to courts, is permanently under a three month review...if the banks start bullying their customers the waivers and stays should be lifted...

Originally Posted by Michael Browne

are the cases that were stayed, automatically put back into the system
Yes

or do we have to sent yet another form to the courts,
No

i am wishing now i had applied for the stays to be lifted ,
Very very few succeeded, so you would probably have wasted your time


is it too late to do that now.
The judge may give guidance on stays at the Case management Conference on May 22nd

took the words out of my mouth. I wrote to the court with regards to mine as I was going away and it was pointless me changing my plans to go to a hearing that would've not ruled in my favour. I know EXACTLY how you feel, I'm even more p-ed because someone got their money literally a week before me, then they started all this 'staying' rubbish.

hi i had a claim for Halifax credit card in june 07 before the test case, heard nothin since then got a letter today from the halifax stating they have sent a letter to court to request that my claim remains in place? did this happen to you

Originally Posted by dolphin939

hi i had a claim for Halifax credit card in june 07 before the test case, heard nothin since then got a letter today from the halifax stating they have sent a letter to court to request that my claim remains in place? did this happen to you

As ar as I am aware the OFT test cse does not apply to credit cards. So any claim for unlawful charges should proceed as normal.

had a similar thing with Barclays - letter recieved from them on Friday (25 July) says they have applied to the CC where my claim is and asked for the stay to remain in place "to the Full and final conclusion (including all appeals) of the test case". I have sent a letter of objection to the CC pointing out the banks agreement with the FSA and their recent 6 month extension.
Do you think Barclays are trying to pull a fast one ?

Why are credit card cases being stayed? Has something changed over the last few months?

Because judges make mistakes as well.

no - my mistake, please accept my applogies i thought i was reading Barclays bank charges thread not Barclays credit card

sorry for any confusion

My daughter has had 2 CC claims 'stayed' at Warrington county court. We have asked 'why?' but not yet received a reply.

Credit Card claims do not fall under the stay nor the FSA complaints waiver.

Originally Posted by srfrench

Credit Card claims do not fall under the stay nor the FSA complaints waiver.

'Tis true....

Thanks srf, I realise that but obviously, from what has been reported in these forums(izzat the correct plural?), court staff all over appear to have briefed their masters incorrectly and getting a court staff to admit to a mistake is proving damned difficult!

Somewhere on this site (perhaps a Mod can direct you) is the actual terms etc of the stay and details of what it covers. In it it quite specifically states that it does not cover CC claims.

The official guideline is either from the FSA or the OFT. The Master of the Rolls statement is the source.

The OFT has alraedy ruled that the charge of CC claims was unlawful and capped it to a maximum of £12.

Hopefully someone can direct you to the official document as to what claims are on hold and what it covers quickly.

Well we STILL haven't had, even, an acknowledgement from Warr county court.
Can anyone advise please how we go about having a 'stay' lifted. There's no mention in "Small claims procedure- practical guide". Do we just write and say 'pretty' please?

Originally Posted by kennyh

Well we STILL haven't had, even, an acknowledgement from Warr county court.
Can anyone advise please how we go about having a 'stay' lifted. There's no mention in "Small claims procedure- practical guide". Do we just write and say 'pretty' please?

What grounds are there for lifting the stay since the OFT test case issues remain unresolved?
Is it a credit card claim?

They certainly are CC complaints (2) but since the original N1s were targetting ** bank t/as ** cc they seem to have been swept up with the masses - possibly just a clerical error since no grounds (or application) for a stay - other than the OFT case- have ever been notified.

Damn this waiting-gotta do zummit so I'm going to use the original template to try to have the stays lifted; then try for judgement since the opposition (how many legals?) must have been aware that this was a mistake; probably won't get it since they'll argue that li'l ol' me should have also known.

Hi,

We have a case against Lloyds that was stayed in 2007, do we need to do anything now as I think I read somewhere that the banks are trying to get the cases that are stayed dismissed off the back off this judgement.

I am worried that our case will just be dismissed without us knowing or being able to do anything.