Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Results 1 to 3 of 3

Thread: Removal of stay

  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    beadykat Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2009
    Posts
    1

    Default Removal of stay

    Hi everybody,
    This is my first time posting, but others posts and replies have been very useful.
    I commenced court claim (hardship), and my aqicon was returned 17th August.
    Today, I have received a letter back from the court saying:
    IT IS ORDERED THAT
    Upon reading a letter from the defendants' solicitors requesting a stay of the proceedings
    And the Officeof Fair Trading having issued proceedings in the High Court against a number of banks, the case being The Office of Fair Trading - v - National Westminister Bank and others ("the test case")
    The following directions will apply:-
    1. This actionbe stayed pending the final decision (being judgment in the action in the High Court or the final appellate Court, whichever is the later)of the test case.
    2. The Defendants' solicitors shall within 21 days of the end of the stay file at Court and serve upon the Claimant a brief case summary and proposed directions.
    3. Liberty to either party to apply on notice to vary and discharge this order.

    Does this mean I can apply with a N244icon to have the stay removed? And can somebody please point me in the direction of some recent draft orders, templates for the form?
    Should I wait until the bank contact me?
    Thank you all
    Kat


  2. #2
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,315

    Default Re: Removal of stay

    Hi Beadykat and welcome to CAGicon.

    Sorry this went unanswered for so long.

    If you feel you qualify for consideration under the Hardship rules, you should see here - http://www.consumerforums.com/resour...n-for-hardship

    You could ask the bank to reconsider your case as one of Financial Hardship and enclose for them the Income and Expenditure spreadsheet that is linked at the bottom of the Hardship thread.

    If the bank won't consider you as a Hardship case, you can then complain to the fosicon asking them to adjudicate.

    I don't think applying by N244icon will help move your case on in court.


  3. #3
    Site Team slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132 Authoritative slick132's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Feb 2007
    I am in
    Planet Thanet, Kent
    Posts
    16,315

    Default Re: Removal of stay

    Also, have a look here for how other Hardship cases are being dealt with - Hardship applications - The Consumer Forums





Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE