Hello everyone, I had an allocation hearing scheduled for 10/08/07 at Swansea CC. On 02/08/07 it was transferred to Cardiff CC and stayed at the same time. I received notification of this on the 04/08/07 On 08/08/07 I applied using the N244 form to have the stay set-aside. I am wondering - if your application is unsuccessful - will you be informed? if your application is successful - does it have to be successful in sufficient time for the intitial hearing to go ahead or can a new one be scheduled without difficulty? By the way - on calling Cardiff CC I was informed that they are not taking a fee for the N244s on these cases [couldn't make out if this was a good or a bad thing!]

Hi GuidoT, Yes, unfortunately I received written notice that all claims at Cardiff CC [where my claim was transferred] were being stayed, and this included mine on 02/08/07.

Here's a history of my claim (mostly to clear my own confusion!): 06/03/07 Second! request under Data Protection Act [no reply to first]. 06/03/07 Lloyds claim charges fair. 26/04/07 Statements received. 30/04/07 Request £2158 returned to me. 16/05/07 LBA. 29/05/07 Lloyds deposit £750 in my account in ‘full and final settlement’. 30/05/07 £750 accepted as partial not final settlement. 01/06/07 Claim entered via MCOL 15/06/07 Claim Acknowledged 18/06/07 Defence filed (standard 10 point) 27/06/07 Notice of Transfer [nb. AQ dispensed] 17/07/07 Notice of Allocation Hearing – scheduled 10 August in Swansea CC. 27/07/07 Draft Order sent to court and SC&M. 31/07/07 Conversation with SC&M. Not settling - applying for a stay. 02/08/07 Case Stayed 08/08/07 Application N244: Removal of stay sent

Ok, So I spoke to Cardiff CC a couple of days ago and was told that the cost of submitting the N244 Application for Removal of Stays was being waived by the court. 09/08/07 Submitted my N244 Application for Removal of Stay my Part C was based on the material in the forum - here goes! In my covering letter I also asked the court to consider the draft order directions (you never know!)

Hi jdaraf / maxine989, After reading your comment maxine989 I tried calling SC&M [nb. Allocation hearing Swansea CC August 10] However, I was told outright by SC&M that the case would be stayed [by them or by judge? it wasn't clear] prior to the hearing. I've since phoned Swansea CC and was told the circuit judge is staying all bank charge cases in light of the test case and would receive a letter soon. Am currently debating whether to challenge the stay. Perhaps you are a bit luckier maxine989!

OK. Thanks GuidoT. I guess I'll wait a while and see how absolute this type of stay is before challenging mine [if at all].

GuidoT you are a star. 01/08/07 - Called Swansea Court. The Allocation hearing will not be going ahead [and I am shortly to be notified of this] as there has apparently been 'a blanket directive' from the judge overseeing the cases in this area staying them until the test case is decided. B****r! So, I guess everything goes into cryo-freeze for the next 1-3 years while the test case goes ahead. I am considering making an application for removal of a stay but would like to take advice, i.e., Does it stand any hope of success? It costs £35 as I understand and if the decision to stay is uniform across cases and has come from above.

Hello Anyone know how to claim costs and if it is appropriate to add it to your claim at the allocation hearing stage?

I'm in your debt again GuidoT! By the way - anyone got an allocation hearing Swansea the 10th August?

31/07/07 - Conversation with SC&M. I asked them what their intentions were prior to my allocation hearing on 10/08/07 and if they'd like to settle. They told me that in light of the test case they would be suspending the claim. [ps: they were very straightforward and polite to my surprise]. They didn't exactly confirm that they would be aplying for a stay and I will still go to the hearing etc, but perhaps this can be assumed. So... Q1. Does anyone have any good material re: challenging a stay in this situation? As others on this site have noted, there have been many stays applied for in the past based on potential test cases that have come to nothing? Can I use this in an argument before the judge? Does the fact this appears to be a much bigger case make the critical difference? Q2. How long does a stay [if granted] last? Is there a set number of months, with renewals, or could it be just as long as the test case lasts for example? Q3. Has anybody successfully challenged a stay from the bank made on similar grounds in the past? Any help with these and the above queries GREATLY appreciated.

Hello..... .......... ......... er, anyone?

Sorry if I seem to be going in circles here - But could anyone give me the low down on how to behave in court during an allocation hearing and what I should be trying to persuade the judge exactly?

So...just to check. Are my main objectives at this allocation hearing; 1) to have the case assigned to the small claims or fast track system? 2) to have the Draft Order for directions enforced? Is there anything else I might aim to achieve in court at this stage? And.. would I be able to challenge a stay [set aside] if Lloyds ask for one?

Thanks, If the court orders a stay at my allocation hearing, will it be possible to challenge it [strike out] or will everything be in stasis until that case is decided or otherwise? I am a little confused by the fact that the banks - who have avoided going to court for so long - now appear to want the test case.

Thanks again GuidoT, 27/07/07 Draft Order directions sent I guess its a bit late now for the Draft Order to influence the case before the allocation hearing - but I guess if I was able to persuade the judge to order them at this hearing then it might speed things along. Have sent a copy to SC&M along with a nudge to remind them that they are in court on 10 August! I will print out all the material advised for prelinminary hearings. Q. Do I need to send the court and SC&M a copy of everything I will have with me [and may rely on] at the hearing as you would with the court bundle? Q. If Lloyds don't show - anyone know the likely way the case will progress?