Have been reading all coments posted here about stays, but am completely lost. I had my stay against Yobbo Bank stayed on 7th August (how quick is Sheffield to jump on bandwagon) - letter from court arrived same day that letter from bank arrived saying they were going to apply for stay (bit bloody quick). At the time the advice on this site was very mixed - some people said to apply to have stay lifted, some said it was not worth it as lifting it would not be granted and others said 'suck it and see'. Although I am in full time teaching work, my monthly salary is spoken for by mortgage payments, debts, credit cards, etc so I just about break even at end of month. I would have found it quite difficult to pay the fee for the stay being lifted so put claim on back burner for now. Now I am wondering if I should have done something at the time and whether or not I am going to miss out having not acted. Does anyone have any clear guidance as to what to do now or are we still at the whim of the unjust judicial system that does not appear to communicate with anyone - even themselves? Any advice is welcome:confused:

A lot of us here on CAG who are after the Yobbo Bank have already received stays from the courts that arrived in same post as letter from YB telling us they were going to apply for a stay. It took YB letter over 10 days to get to us and only one day for the courts letter! Advice seems to be mixed between applying to have the stay removed or just accepting it for now. If you apply to have it removed, you have to be able to prove that you would suffer hardship if the case is not allowed to proceed - there is a link to having the stay removed which also lets the court know that you would be in a difficult position financially if the case is stayed. Would post link but can't find it at moment. If you have a trawl through some of the recent threads, you will probaably find it and if I find it in the mean time, will post it for you. Keep the faith - we will win Jenni

Gruel - you should be so lucky - we're eating the weeds from the garden!!!!!

Me too. They owe me over £7000 - nice thought is that interest is accruing every day it is on hold. So if case takes over a year, like they are saying it might, then that's a holiday in South of France to come. Might also pay for belated honeymoon in Hawaii that we are planning for next summer. You can see I am being very positive about this. Any idea what is happening with test case so far - are we any further forward, or is someone getting paid some obscene amount of money daily to investigate this, in which case are they going to drag it on for years?

Go Hils - we are all rooting for you I'm watching your thread with interest. Am about to do letter requesting lifting of stay and have collected together an awful lot of stuff for bundle (still not quite sure what to include and what to leave out). Am hoping that if everyone from this site who has had stay granted against them writes to court they will realise we are not just going to go away quietly. Know what you mean about this site - addictive isn't it. Think it helps to know that we are not on our own in trying to get the YOBBO bank. Jenni

Thanks Caro Think it must be time of night - leads to paranoia and panic. I suppose if everyone that has had a stay entered against them all apply to have them removed then banks and courts will have to take us seriously. Presume court will have cancelled 12th September hearing but at least it gives me a little longer to work on court bundle. Will be interesting to see what happens next. Thanks for support and all help from everyone on site - we wouldn't have got this far without you all. Jenni:)

No - mods not gone - seem to be beavering away in background. Appreciated list of courts who are applying stays but puzzled as to why some courts are allowing some cases to go ahead and others are stayed. Any ideas anyone?

Anyone got any advice. Am in two minds about applying for having stay lifted. I am aware that the possible results could be 1 Stay could be lifted and case will go ahead and judge could find in my favour 2 Lifting of stay could be refused 3 Stay could be lifted, case goes ahead but judge decides in banks favour because of ongoing test case, in which case if the test case goes against the bank I will have lost out. Now not sure what to do.. HELPPPPPPPP. May have to go and sleep on it - again - and watch the site for a couple of days to see what advice is given. Anyone else feeling the same way?

Do we know why two courts are allowing some cases and not others. Mine is one that has been stayed. Jennifrance

Hi Hils Glad your case seems to be going ahead. I am still deciding whether to go for the removal of the stay on mine. It would be interesting to see if certain areas of the country are allowing stays or whether it just seems to apply to cases that are over a certain amount. Sheffield were very quick to allow the stay on my case and it does seem from reading threads on CAG that YB have pulled a flanker by dating letters 31st July but no-one seems to have received them before 8th August. Seems strange that court letter was dated 7th August and I received it the next day. Both were sent first class. YB seem to be a set of bloody-minded bacteria! If there are any mods or site helpers out there - is is possible to collate info on which areas are allowing stays or whether or not it is down to the amount of the claim. Keep going, Hils - will keep watching your posts to see how you do. Jenni

Cheers Hils. This seems to be very uncharted territory - cheers OFT for making things even more difficult. General advice on this site seems to be to continue and fight against the stay. Am now getting paranoid about court bundle - read letter from court with hearing date which arrived about a week before I broke up - now can't find letter and am not sure whether it said that court bundles had to be in within 14 days of date of order or 14 days before hearing date. Think it was 14 days before hearing - hopefully. Had planned to spend most of 6 weeks holiday doing court bundle - now having major panic. Never mind will plough on and see what happens - thanks for link to letter for court and here's to us both getting a victory over YB - they deserve everything that is coming to them. Will watch your thread to see how you do and keep in touch. Jenni

Me too - Received letter dated 31st July (photocopy signature of the lovely Miss Ross) which arrived on 8th August in same post as one from court granting YB stay. Barstewards. Not sure what to do now. Know Caro is advocating to have stay removed but then you read other threads which seem to say wait. It also seems that only certain cases are having stays put on them - but not sure if this is to do with location of court or amount being claimed back. I wouldn't insult sewer rats - think YB are even lower form of life - possibly plague bacteria. Keep chin up and will watch you thread to see what you decide to do

Exactly same has happened to me. I received letter from court granting stay on same day as one from YB saying they were applying for stay. YB letter dated 31st July but arrived 8th August - same as you. I was due in Sheffield court on 12th September. Do we have any idea what will happen if we apply to have stay removed. Will banks have to defend claims as originally intended or will judges refuse to rule/find for defendant by default because of test case/find for defendant or are we simply at mercy of whim of local judge and how he feels regarding claim for charges? Will apply to have stay removed but am really worried that claim will not be granted due to any of above. Back to biting nails again I think. Will be left with only stumps at this rate.

Have been following your thread with interest. I had a hearing date of 12th September but having read other threads on this site it seems that YB are applying for stays on some peoples claims but not on others. I have had a letter from court accepting YB request for a stay and consequently they have cancelled hearing date. Cheers YB for letting me know that you were applying - letter from them came same day as letter from court. Am amazed that your case still seems to be progressing as YB are filing a defence - not simply putting a stay on case. Well done you - keep going. I'm now beginning to wonder if they are allowing claims for amounts below a certain level to proceed but are blocking claims for larger amounts (mine is for £7000+) just in case test case goes in their favour. Will watch to see how you go - good luck and keep fighting. I'm sure you will get your money.

Am watching your thread Hils I have had stay granted to CB by court - CB didn't have grace to let me know that they were applying. Got court letter granting stay on same day as CB letter telling me they were going to apply and re-iterating their advice to bugger off and stop and bothering them. Not sure what I should do now - am going to carry on with court bundle and another member of the site has suggested writing to court to get them to take stay off. Do you know if there is any case where the stay has been removed and claimant has been successful in getting their money? Jenni

Does anyone know if it makes a difference if you have actually had an order from the court granting the stay? I recieved the letter from CB saying they were applying for the stay and the letter from the court granting the stay in the same post. Letter from CB unusually had a date of 31st July on it but didn't arrive until 9th August. Annoys me that they didn't tell me about stay until after they had applied and it had been granted. Presume this was because they did not want me to be able to stop them. Barstewards. Knew this would not be easy after reading threads on this site, but did not know it would be this difficult.

sorry Breezy just seen your link in second post - will follow your link and see what happens

Thanks Breezy - was getting really angry and worried. Will continue but wasn't sure if fact that court has already ordered that there be a stay would make a difference. Anyone know how I get court to set the stay aside. Is there a template letter I could use?

Have been waiting to see what YB would do now test case is under way. I have now found out. Got letter from CB yesterday saying they were applying to have a 'stay' placed on my claim until test case is settled. In same post got letter from court stating that 'stay' had been granted and that hearing date had been cancelled. Court says that either party can apply to have 'stay' removed but can anyone help with advice as to what to do now? Am so angry but don't want to let that affect my judgement or decision as to what can be done now.

Forgot to say - you can ask bank to disclose actual charges but they wona't comply. This is why they will not turn up to defend cases because they will be ordered to disclose these and they know that the actual charges are nowhere near as high as the ones they charge customers. Obviously this test case is for the High Court to make them reveal actual charges.

Yes there is a link to a basic Court Bundle http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.htmlshould Try these two links - if you can't get to the pages through these links simply go to the library section of site - I think they are in there. I am in court on 12th September and haven't even started on bundle yet - and of course everything is now up in air due to this test case. Advice seems to be to continue action unless otherwise informed by court bu am keeping an eye on this site to see if any other advice is given. Good luck with bundle and let me know if you need any help - not sure I will be able to but maybe we can figure things out between us. Jenni

Thanks Dera I had heard that it was just cases going through OFT that were being suspended and that small claims courts were being left to jedgement of whichever judge was hearing case. A couple of threads on this site have got charges back after test case started so I'm hoping that any cases currently in court will still be dealt with. Will keep you posted.

Can anyone help? Just read another thread on this site regarding charges that are made to account after claim has already been lodged with court - because my finances are very knife=edged balanced YB have made charges on my account for the last 2 months amounting to over £200 - all for them not paying a DD which would have taken me £5 overdrawn which I could have coped with but now can't as they have whacked on charge for bouncing, £8 a day and monthly charge of £25+interest. Now can't get myself straight unless I spend no money for the next 6 months!!!!! My question is - will courts also give back any charges made to date of judgement or do I have to claim again to get these back separately? jenni

Seems to be growing trend to do away with AQ's - seems to be a way of saving courts time. reading threads on this site - would appear to be a current trend as there are now links to site saying what to do if AQ is dispensed with and how to proceed. Not sure what will happen with test case - apparently could take a year before there is any decision and it only seems to be about whether or not banks should disclose their real charges. Am hoping that banks will not be able to get a stay of judgement until test case decision. Could do with my £7000+ back now.

Congratulations cabsi - did it myself two months ago after living with toyboy for 19 years - he's not much of a toyboy now but he'll do. Take heart - I am in court on 12th September - AQ dispensed with and have only been allocated only 15 minutes for hearing. Was worried about this but Caro says it may be because courts are now getting wise to YB's stalling tactics and not having it anymore so are cutting down opportunities for them to stall any longer and only giving short hearing times as they are not turning up to defend themselves in court so court won't waste hearing time on them any more. Hopefully this is correct. Haven't heard how test case went today so result of that may give us better idea of how cases will go in future. Keep going - we will win - they owe us and have done for a long time. Jenni