persuading the court not to stay - help please

[carbonlife]

In mid July I received a letter from SCM saying that Lloyds were "minded to enter into settlement negotiations". Since then, I have heard nothing from SCM and nothing from the county court. (I sent in the AQ in early July).

 

I feel that there should be a case for the court not to stay a hearing because the defendant has already agreed to enter into negotiations (while not admitting liability of course).

 

Because this is a small claims court track, is there an argument that it would be an abuse of process to award a stay for a long period while the OFT case is ongoing? After all, the whole point of the small claims track is to encourage settlement before court and to offer a speedy process..... and, as I mentioned, the defendant has already indicated their intention to negotiate. We might all be agreed that it is unfair that the court can take hundreds of pounds in fees and then not be able to offer a court date - however is there any way that I can argue that it is in the best interests of the principle of operation of the small claims court that they proceed to a hearing?

 

Any particular suggestions for a letter to the court and any suggestions for a letter to SCM to convince them to negotiate a settlement.

[malcdal]

I am in court next Wednesday where the judge will hear SC&Ms request for a stay.

 

Can anyone tell me the best reasons to use as an objection to the stay?

[Mistermind]

Even as Lloyds call for stay of small court cases pending the OFT verdict,

even as Loyds accept the disputed legality of penalty charges,

with 100% certainty new charges are being levied by the same bank every day -- CAGgers can provide scanned evidence of this.

 

Customers can wait,

the OFT can wait,

the courts can wait,

but Lloyds fresh charges cannot wait.

 

Every day Lloyds prevent the tending of old injuries,

every day Lloyds inflict new wounds.

 

One law for ordinary Joe,

another law for Lloyds TSB.

[tifo]

One law for ordinary Joe,

another law for Lloyds TSB.

 

And all the other banks, even the DCA's.

[chocolat]

can anyone help with these stay s got letter sat stating district judge in gateshead had ordered a stay supposed to be in court on thurs what can be done :evil:about this phoned gateshead court and person said this is what was happening and there was no point asking for the stay to be lifted