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  1. I had a case on hold since what seems like forever, against Lloyds TSB. I have just recieved a letter from the court saying that they want to strike out the case, and I have til the 7th April to contact them. I seem to remember reading on here something about asking for the right to change the claim, and was there also something about letters from the bank saying that the charges cover their costs (I have a couple of these letters) and that this claim isnt true, as they stated during the OFT case that charges were part of their core business. Ive been searching but cant seem to find what I have been looking at in the past. Are there cases going through at the moment which I could effectively ask to have reached a conclusion before actually ammending the claim, or do I just go ahead and ammend (again, I thought I saw some letters to this effect, but cant seem to find them now) I have spent the last year attempting a very complicated planning application, and my brain seems to have dumped all the info I had on this bank charge info!! any help would be fantastic, and greatly appreciated.
  2. elseg

    cant find it

    Can someone please point me to the link where we are recommended to change the charge on our court cases which are stayed? I know I read it the other day, but then my mum came round and I forgot to copy it down Thanks
  3. Folowing this thread with interest. A few celebs who may be interested Bremner, Bird and Fortune (did those wonderful programmes about the banking industry) and David Mitchell, who seems to be on TV and Radio most always atm is definately anti the whole banking shennaneghans In fact alot of those comediens seem to be with us. Perhaps they could be persuaded to host a 'Comedy Relief' style fundraiser to help fund some of the cases to go through court. Slightly OT, but Ive been searching the forum for over an hour now trying to find the link about where we change our application to the court, in the light of the OFT test case result. I had it up the other day but the computer crashed before I had a chance to copy it
  4. any idea how long the credit card one lasted? can we make a wild guess that the duration may be similar. It would be fantastic if the courts did just make an all encompassing decision on all pending cases....
  5. I am probably being really dim, but have this damned bug thats going round.... My case has been stayed until the OFT test case is done - and I have a couple of questions. When is this case starting, I thought it was pretty soon. Also what do we need to do once it is underway, regarding the stayed cases, and getting them up and running again. I am hoping that the court will rule the charges unreasonable, and that they will set them at a certain level, and then we can claim for the difference between the new amount and the original amount (I am assuming thats how it will work) Obviously since then they have introduced these new charges, which is some cases seem to work out much higher (although at first glances they seem less). Is it reasonable to keep a track of any charges made since they stayed the case, and ask for these to be taken into consideration as well, as had the case been let to run, the charges would not have occurred. I know that generally a new claim would need to be started, but was just wondering if they would allow any leeway given that the case was stayed...? Thanks E
  6. I know that it is possible to add any charges up to a court date, but does this also mean that any case which has been stayed can apply for extra charges during the intermittant period? It would seem unfair if not, as had they paid out I would not be facing these extra charges?? also do we need to reapply to the court following the OFT case
  7. Not too great Im afraid. think the judge had already decided that he wasnt going to lift it, and tried to make out that he was doing me a favour as if it had gone to court, poor little me mightn't be up to the court costs, as if I lost they would be huge (at least a day in court @ £187 ph etc etc) and if I won then the banks would appeal. mainly he said that they had no court date free til early next year anyway, so would be no better off than waiting for te OFT case, with none of the risk.. - I tried to argue the point that none had gone to court, and that the FSA said that hardship cases should go ahead, but no go..... I am irritated with myself that I didnt make the point that I must have been prepared for the court costs upon embarking upon the case in the first place, as there was no idea of a OFT case back in March when I filed, but in all honesty apart from beating myself up that they had bamboozled me and made me look like an idiot, I dont think it would have made a difference to the outcome. I found the whole process quite patronising and humiliating to be honest. The lloyds barrister was a creep with bad breath. he had googled me, and found out stuff about me, which he dropped in outside, I think to try to unnerve me, and I had come straight from hospital where my daughter was, so didnt have a moment to get my head together before he approached me and tried to pull my arguments to pieces, prior to going in. at least the judge refused his costs E xx
  8. They kept the stay in place.... as typical the bank had sent a sleeze of a barrister with halatosis, to sidle up to me and attempt to rip my defence to pieces before I went in. It was a little annoying because I was only there with momets to spare, as had to come from the hospital where my daughter was, and had hoped to gather my thoughts a little.... As it was, it didnt really matter, as unless I was literally dying in the next few months, there was no way that he was lifting the stay. He was very nice about it, tho gave some cock and bull excuse that as was in financial hardship, the costs if I lost a case would wipe me out, and if I won the banks would automatically appeal, and no costs are awarded on appeal, and with court costing £187 per hour..... I tried to ask him whether any where the stays were lifted had actually GOT to court.... I dont think there was anything which I could have said, to be honest - he wasnt interested in my financial circumstances, or that the FSA had suggested financial hardship cases should continue, or that [problem] hadnt filed their bundle. It only occurred to me later that I had been bamboozled over - as it is obvious that the circumstances of costs were no new thing (I think he was trying to make out that he was being nice to poverty stricken minions) - they had been the risk I was willing to take when I filed the case in the first place, way back before the OFT case was a glimmer in the eye of the banks.... but again, I dont think he would have altered his decision, I just wish I had realised it and had the chance to say it, as I think they made me look like a fool who was scared of big money.... at least when the bank's guy asked for his costs, the judge said no way... oh well, roll on march 2008 E xx
  9. do you have a link to that?? Just had a letter from [problem], obviously caught on that the courts were taking a dim view of them not applying for a stay. this application to keep the stay in place was sent yesterday (hearing tomorrow). Ususal defence - stating that they want to wait for OFT case, etc etc, tho it does say in MOST cases - so think will be ok, as applying for hardship grounds, which is where there is a let out clause on the FSA/OFT waiver, so will agree that in MOST cases, but mine is one of those where it should not apply.... E xx
  10. Other questions which court are you in? I am in Hastings Court, on friday 7th (not 12th as prev thought Was there an AQ with your case ? No, it was allocated immediately to the small claims, with a request to provide all evidence 2 weeks prior to hearing (which was for directions, but actually gave directions to hand in bundle??) And also can you show that Lloyds have used deliberate delaying tactics - in other words has it taken months to get this far? They did not supply all my statements - even to this day there are a few missing In respect of the bundle - I assume you sent yours in? Yes, and I have electronic proof of signing that they recieved it Unfortunately the defendant can rely on their original defence - so it may not help you that they did not send their bundle in. Their original defence was rubbish! The above link doesnt seem to be working either, sorry E xx
  11. My hearing about lifting the stay is rapidly approaching - 2 days away. They have allowed 45 mins (not the 5 mins others have quoted) which makes me wonder whether they may plough straight into the hearing if they agree to the stay being lifted I have decided to bring 1. court bundle for the main hearing (just in case) 2. n244 and all that i submitted with that 3. lists of cases settled 4. lists of courts who are not applying stays 5. copies of letter to [problem] about non-compliance regarding their court bundle 6. OFT/FSA bit regarding hardship 7. proof of income support, carer's allowance and disability living allowance related to my daughter, proof of child tax credit, credit card bills 8. proof of postage / signature for reciept of my court bundle from [problem] 9 correspondance from the courts I am als going to drop into the conversation that I have had to come from the hospital where my daughter will be at the time of the hearing anything else??? E xx
  12. Thank you, will do that just before I go, by then a few more may be added - the more the better E
  13. They havent asked me to bring anything, but thought I might bring all my proof of benefit letters, plus maybe the 2 kids!! E
  14. Does anyone know how many cases have been settled and paid since the OFT thing went live at the end of July. I have an appeal against my stay (the hearing was set for 20 Aug, the stay was put on on the 13th, though NOT at the request of the bank, or I believe I would have had a notice that they were requesting a stay??) I was just interested to know how many cases had been allowed to go on to completion and were being stayed, as the more information that I can take with me the better E
  15. Thank you I have just recieved notification that there will be a hearing about the stay on my case, in HASTINGS court, on 7th September. Is there anything in particular that i should take to help my case, I am hoping that the financial hardship side would be helpful, especially in regards that I am currently recieving Income Support and Carer's allowance, and have a child who recieved DLA at the highest rate, as she has cystic fibrosis. I cannot get a normal job, as due to my daughters illness, and the fact that I will probably take alot of time off due to hospital visits, etc, I have unofficailly been told that I am 'unemployable' (despite having 2 Bsc s and years of experience), so I was relying on the money to help me into self-employment, as seems the only way to get off the benefit system (which I really want to do) would any of that be of relevence?? What else have others taken - I remember the guy who got the stay lifted saying about the bank's non-complience, ie not sending statements, sending standard letters, not submitting court bundles, etc?? Any advice would be gratefully recieved xx
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