Hello all

I have been patiently reading many mails and taking advice from the many blogs on this site.

I followed every step of the way untill I turned up to Weston Super Mare court this afternoon to find Cobbets had steamrolled over my hearing with a "stay".

I have no idea what this is and have had no formall notification from Cobbets. I was told there is nothing i can do untill 28 days after the oft hearing.

What to do??:?

A stay is basically putting your claim on hold until the outcome of the test case. Suggest you read here and start a thread in the forum for the relevant bank if you haven't already done so?

Good luck

Welcome to the site.

It is extremely important that you fully understand the way forward from here.

There is detailed guidance and info on how to object to the stay by making an application to have it overturned.

I urge you and anyone else with hearings due soon to be fully read up on this.

hi martin can you put a thread in here their is a few threads around from people asking the same qusetions thanks

patrickq1

have a read in these

~~## Stays info and guidance ##~~

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

thanks martin i will copy and paste the threads and pass on where needed

Thread moved to RBS forum.

They did the same to me. Today I received a copy of their "stay" letter to the court. My prelim hearing is at 2pm tomorrow.

I managed to cobble together a rebuttal to their request and managed to fax it to the court. I'm going to give them a bell tomorrow to see if a decision has been made. Little Bar-Stewards those Cobbetts gits leaving it to the last minute like this. I'll just bet they were hoping for a delay in the post so I wouldn't have received the letter in time!

Best of luck Kurt - I hope you get a positive response tomorrow! And fingers crossed that the hearing goes ahead and isn't stayed! x:)

Looks like the bastards got in before I could do anything about it. I received this in the post this morning

Before District Judge Clegg

Sitting at Stockport County Court, 6th Floor Heron House, Wellington Street, Stockport

On Wednesday 15th August 2007

Upon proceedings having been started in the Commercial Court, London, on 27th July 2007 reference number 2007 Folio 1186 pursuant to agreements made between several of the major banks and the Office of Fair Trading ("The Proceedings")

And Upon reading the papers in the present action

And Upon it appearing that the issues raised in the present action are the same or similar to some or all of those raised in the Proceedings

And Upon it appearing to the Court to be just to stay the present action until the outcome of the Proceedings is known

It is ordered that:-

1.The claim be stayed forthwith pending the ultimate determination of the Proceedings

2.The hearing date fixed for Thursday 16th August 2007 at 2:00pm be vacated

3.Permission to either party to apply on notice to lift the stay in accordance with CPR 1998 Part 23.

4.The stay be without prejudice to any negotiation between the parties to settle the action

5.Unless the Court has given directions in the meantime, the defendant shall within 28 days of the final determination of the Proceedings apply on notice for directions.

Note: further information in relation to the test case is likely to be available through the website of the

Office of Fair Trading at:

http://www.oft.gov.uk/advice_and_resources/resource base/market-studies/personal2

Well in response to Cobbetts' stay request I put in an application for removal of stay. As recommended (and because I'm skint) I ticked the no hearing necessary box. It now seems that one of the Judges has overridden that and has convened a hearing on the 21st of September.

Any recommendations as to a preferred mini-bundle?

As it happens RBS have just today sent me a letter threatening to lodge a default against me, this Hamster is thinking that perhaps this may help in the strengthening the case for either drop the stay or drop the charges whilst it's sorted.

Gotta love these buggers, charge you illegally, when you complain they stop you complaining, when you can't pay because they owe you the money they throw a default at you. Is it me or is this a case of playing dirty?