Hi all, I really need some help with this as I really don't understand a lot of the terminology. I have had a stay on my court case for about a year now, I was weeks away last year from going to court to reclaim my charges and then this stay kicked in! I have been having a lot of financial troubles this year, recently I got £160 in one month for going less than £80 over my overdraft, I have £3000 of debt on the credit cards, plus a £2500 loan which the bank said I should get, but I was conned into it, and I have a £4000 HP on a car as my car got written off, so I am really struggling. I saw that you can apply to have the stay removed based on financial hardship, and I've looked around but I don't quite understand what I need to do. Please, please could someone help me with this, I reckon the bank have probably taken another £2000 from me in the last year, what do I do about that, do I have to make another claim? the bank have robbed me and continue to rob me of £5000. I really need some hand holding as I have no idea about law or about how to filling in legal forms. Many thanks in advance.

Ok that is helpful, the reason I contacted SC&M is because the courts directions said that you should always try to resolve the dispute. How do I write to the court to oppose the stay?

I don't have a recording but I did note down the call and the time and the person I spoke to "Chris". So do I need to agree or disagree with the stay, I have to let the court and SC&M know?

My court bundle had to be in a few days ago, 14 days before the hearing. I spoke to SC&M who told me not to bother.

Today I received a letter from SC&M telling me that they have applied for a Stay on my court case in light of the OFT case. They ask me to confirm in writing to the court and SC&M whether or not I am in agreement to a stay on the proceedings. What do I do? My court case is scheduled for the 21st Aug. Also I did not send in the court bundle because I phoned SC&M to try and negotiate, as it asked me to in the courts directions and they said that they will get a stay and not to send in the bundle. Look forward to hearing from you.

Hi, I just spoke to SC&M on the phone, and the very helpful man on the other side said that Lloyds TSB are suspending any claims until after the OFT Test Case. I mentioned that fact that I know for a fact that they already paid out today, and they said they would only do this is Lloyds had already requested this. They have been told not to settle any claims, but if Lloyds have already decided to settle then they will. The guy is going to look into my case for me as Lloyds have not indicated that they will settle, and get back to me. Fingers crossed.

Amazing, how did you approach them? What did you say? Thanks

Thanks Mate, just received the email.

I just checked, and I cant find an email from you. I'll PM you me email address again. Thanks.

Hi Gary, Thanks for your PM, i'm still waiting to hear from you via email. Thanks for your help. Cameron.

Hi Gary, I have posted on that forum as requested, but what should I do next, the court case is only in a few weeks? Cam.

So thats it, I've spent the last 6 months trying to reclaim my bank charges, and now my court case is going to be frozen (for a year)? Do I have anyway of forcing this to go through?

Sorry can you explain what this means? Are you saying that my hearing is only a preliminary one?

It was dispensed with. Is this a problem?

Hi, I have just received a letter from Brighton County Court, see below: Take Notice that the Hearing will take place on 21st Aug 2007. 10 Minutes have been allowed for the hearing. ... The Claim be allocated to the Small Claims Track. I did not have any chance in the process to send any documents or AQ and now my hearing date is set. So what happens next I turn up in court, not knowing anything about the legal system, and get my case thown out? Please can people help me as I dont have long before the hearing, and am very nevous, what did I need to do or what can I do? Also attached: 1) This Claim is allocated to the Small Claims Track and the parties are referred to Part 27 of the Civil Procedures Rules and Pratice Direction of that Part for guidance on how the hering of the claim will be conducted. 2) The claim will be heard at William Street Brighton on a date and at a time which is set out on a notice attached to this Order, or which will be sent to you later. The Court reserves the right to change the place and/or time of hearing. 3) From the available papers, it is estimted that the hearing will take ten minutes. If a party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediatley. 4) The parties are encouraged always to try and settly the case by negotiation. The parties are encouraged to contact each other with a very to trying to settle the case or narrow the issues. The court must be informed immediatley if the case is settled. 5) The following parargraphs set out the Judge's directions for preperation for the hearing. Failure to comply with the directions may result in the case having to be adjourned and the party at fault having to pay costs. The following Directions apply to this Claim: 6) Disclosure of documents shall be dealt with as follows: a) Both parties shall give each other standard discolsure by list, the lists to be served by 4pm fourteen days before the hearing. b) Any request for a copy, or inspection, of any document shall be complied with by 4pm seven days before the hearing. 7) The orignal documents must be bought to the hearing. 8) The judge may refuse to considure a document or take it into account if a copy of it has not been sent to all parties as required by this Order. 9) The documents to be sent to the parties and court must include the statements of al withnesses (including the parties themselves) 10) Witness statement must: a) Start with the name of the case number; b) State the full name and address of the witness; c) Set out the witness's evidence clearly in the numbered paragraphs d) End with this paragraph: 'I believe that the facts stated in this witness statement are true,' and e) be signed by the witness and dated. 11) The judge may refuse to hear the evidence, or consider and statement, of any witness whose statement has not been prepared and copied to all parties and court in accordance with the paragraphs above. 12) Neither party may rely on any report from an expert at the hearing unless permission has been granted by the court beforehand. Anyone wishing to reply of an expert must write to the court immediatley on recept of this Order seek permission, giving an explanation why the assistance of an expert is necessary. 13) Because this Order has been made by the Court without considering representations from the partites, the partites have the right to apply to have the order set aside, varied, or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of the service of this Order. Thanks inadvance, Cameron