Not MY zimmer Kenny. I`m not that bloody old in fact starting back at work on Saturday. thanks for the kind words, the more practice I am getting in court the better I will be when I eventualy get my hearing

Good to see you back Kenny. You have been sorely missed

Hi folks, back from mum sitting, she is well on the mend now racing around with he zimmer frame . Arrived home late last night to find judgement for my failed application to have stay lifted, it reads as follows: Before DEPUTY DISTRICT JUDGE FOWDEN sitting at Blackpool County Court, the Law Courts, Chapel street, Blackpool Lancs. Upon IT IS ORDERED THAT 1. That the claimants application to lift the stay in proceedings be and is hereby dismissed. 2. No order as to costs Dated 29 January 2008 So there you go, Back to sitting on thumbs I think

Hi Steven, Mum is getting along well, thanks for asking. got some serious catching up to do now. See what is going on and how test case finished. Just have to wait for Judges decision now I suppose. I do believe that people should be checking on wording on stays, as some that were asked for by banks had a time limit and that appears to be running out.

Hi ABG, well I`m back in circulation now. Use the spreadsheet that I gave you you , but do not delete any of the figures already on it just type over them. (if you delete the figures you will also delete the formulas and the spreadsheet will not work. If you have any probs just give me a bell. Hugs Stone btw it was deputy district judge Fowden that I had this time

Have a great time you mad lot. I WILL be there next time

Hi ABG, I didnt get my stay lifted as the test case was in progress, but the judge liked my argument on abuse of process, but told me privately that he was not going to mention it in his judgement as he did not want to prejudice any later hearing, He said it was a sound argument and impressive " and will hold you in good stead at a future hearing" those were his words. so I think that like judge Bryce he was on our side. How are things going with you, have you managed to sort out the revised spreadsheet yet? I will be back in the middle of next week (still in guernsey looking after my mum). If you need any help when I get back, just shout, you know where I am. have you seen the bbc web news today, there is a link on my thread, but it looks like all stays will be automaticaly lifted this week, and banks in oft test case seem worried. so it may be good news for us at long last

BBC NEWS | Business | Bank claims may resume in courts Is this good news for us?

I will be away now for a time, got to go and look after my old mum, who broke her hip just after christmas, dont know if i will have an internet link there :o, so you can all talk about me with impunity :!: for for the time being. see you all when i get back

Yes you can claim again, try phoning them first you just might get your money back. as for the test case it is still going on you can update on a thread in this forum " the Prime ministers website " or on bbc online/ business then search for test case. and for Andrea, if they do attempt to close your account, they are not allowed to, make a compliant to the Financial Ombudsman, in fact tell the bank that if they do close your acount as punishment for cliaming your charges back you will complain to ombudsman. It might make them think twice.

Hi Lee hearing went quite well did not get stay lifted due to test case ending so soon full details on my thread stonedecroze-halifax-2 But I think that had that not been the case then I would have won. So it is back to sitting on thumbs now.

BBC NEWS | Business | OFT accuses banks over charges you can also keep up to date here. The reporting is less biased IMHO

IMHO that should be good enough Mazza. If the banks rep asks for any details you can always say well that is all the information that you gave me, and if you dont know then how the hell am I supposed to.

Hi Mazza SSL is not online and Tilly`s computor is on the blink again, I am sorry that I have next to no knowledge in this area, but I have asked someone to take a look to see if they can help. sorry that is the best I can offer mate. Stone

Hi DK Thanks for the kind word on my thread. first thing is the bank is not allowed to close your account ( or your son`s ) without telling you. next step, if you get no joy from the branch, don`t bother going to head office. Just make a compliant to the Ombudsman service they will take it up , and you never know you may get some compensation usualy about £200 to £250. I am not to knowledgeable in this area and would advise you to get in touch with Lula, I seem to remember that she is well up to date in this area.

well back from court. result as expected. stay not lifted due to test case. We arrived at court and Howards minion introduced himself (Mr Thompson, not long out of short trousers), and he presented me with rulings to back his arguments. Garrick and Crosdale v HSBC and Pilliner v NatWest in Nottingham CC before Judge Inglis and Heynes v A & L at Winchester CC before Judge Hughes QC (If anybody wants a copy PM me ) went into chambers for hearing me, son of Stone and Mr. Thompson. Deputy DJ sat at head of table and sat nearby but not taking part was DJ Laws (he was there to assess judge. well judge is not going to overrule boss whilst he is being assessed thinks me) after intros Judge asked Thompson to start procceedings at the same time acknowledging that I was the appelant. He kicks off on Human Rights, Overriding Obective and Balance of Convenience arguments and presents them quite well. Judge then asks me to present my points. I start off by saying that since this whole business was started that there have been many and varied applications heard up and down the country and most of the points that Thompson put have nearly all been found with the same result, stay not lifted, therefore I had no wish to waste the courts time arguing these points and would merely concede the argument to the courts decision, Thompson looked a bit suprised, what is your argument judge asks me. I go on about the banks behaviour in ignoring, playing for time, failing to keep to legally required time limits (40 days data protection act) etc. that they must have had prior knowledge of test case and stays and had used this knowledge to my disadvantage, much like "Insider dealing" he listened to my points and took many notes. I also asked that stay be set aside and case heard there and then as all parties were present, "I`m not going to do that" he said to me with a smile, thinking to himself cheeky bugger, I then asked for a definate date to be set for the hearing and that if I were successful, or if bank failed to turn up then judgement be awarded to me with the bank disbarred for applying to have the case stayed or from applying to have the judgement set aside or stayed. He said I do not think that I can do that Mr. Croze apply conditions to another judge on how to make his ruling. He then asked the other side for any observations on my points. Thomson began to waffle that the bank was looking after my best interest in not informing me of pending test case and also pointed out that Information Commissioners Office had explained pressure of many claims as reason for some delays as banks were getting flooded with claims, I countered that to my knowledge that there were no more claims bieng made at that point than there were 6 months previously when I had 2 similar claims settled in full within 75 days, the same length of time it took to get list of charges from halifax this time. thompson made no reply. Then Judge began summing up and said that on the 3 early points he would not go against earlier decisions, on the abuse of process issue he would make no decision as there probably were grounds to argue this he would not make a decision as the test case was well in progress and entering it`s 10th day (which I had to tell him as Thomson did not know, when asked) that he could see no benefit in lifting the stay at this point, as the Judge had said that he would have something to say re stays at the end of it. He then thanked me for " a well presented argument and very comprehensive bundle". he then made his ruling which I was unable to write down fast enough but the gist was application dismissed, and called a halt to the proceedings. Before we all left the room the judge asked me if he could hold on to my bundle "for the courts record" I do not know if this is usual but he did seem very impressed with it. I will post full judgement as soon as I get it from court. I got the feeling that if it had not been for test case that I would have won.

I am in court at 12:15 today, will let you know how I get on later. to change your piccture go to user cp at the top of the page, click on it then scroll down to change avatar, and there you go

Hi Ho, Hi Ho, it`s off to court we go !!!!

got to get my beauty sleep for tommoz. c`mon dad

ditto Ja-de

Thanks SSL. Without the help and support here I would have given up ages ago

We are just about there now Steven, all set for the morning, thanks for the good wishes but don`t refresh to often, cos if we win I will be doing some "refreshing" of my own. :)

Sorry I`m not too sure on that, but I think that you just write to the court and ask for judgement agian. really you need to start your own thread and write what has happened so far. there are lots of peeps here that have much more knowledge than me and will be along to help.

Done

A bit of both I think songwriter. Not many stays are getting set aside, but you were unluky in getting judgement set aside. As soon as test case is sorted out , go and file for your judgement straight away again.