Having just seen this, I think i may as well give the ghost now:( val Platinum Account Customer Join Date: Jan 2007 Location: Thame -oxfordshire Posts: 1,170 Re: Proposed Judicial Review Proceedings Found this today : post by eherway - in Barclays - which may shed some light on why hardship cases are being refused ? Basic Account Customer Join Date: Jul 2007 Posts: 7 In court this morning - this is how it went. I was in court this morning along with 25 other people. There was a representative from each of the banks involved. The case lasted from 10am until 2pm. The stay was not lifted for anybody. Our judge was sympathetic to everyone's situations, but gave his main reason as..... 'I cannot see from any of the cases that hardship will be brought from the delay, to wait for the OFT case in January and the review in March 2008. I base my decision on the Nottingham Hughes & Mitchel case'. TIPS for OTHER cases - from what I heard today: If you are using grounds of hardship for getting your stay lifted, you MUST explain in your skeleton argument how this is a direct result of bank charges. It was argued quite a bit about often financial difficulties are not a direct result of bank charges. The judge commented that it is hard to tell the individual requirements on hardship cases using the proforma's from websites. You MUST include with these, your own personal information as well. I also realised that the court is quite accommodating and so do not worry if you are unable to word it in 'law speak'. Your own words will be fine and means the judge will have taken a detailed look at what you submitted before the court date. The one major benefit to most of us there today is that the judge has ordered that the banks are not able to harass, abuse, threaten (via letters or otherwise) or enforce disputed debts (through collection agencies) arising from charges or closure of accounts, in the interim, otherwise we can put in an application to him directly to strike out the defence (stay) on grounds of abuse vbrep_register("1176457") jansusView Public ProfileSend a private message to jansusFind More Posts by jansusAdd jansus to Your Buddy List

My Oral hearing for application to remove stay is 19th October, Cardiff CC it's only a brief one, there are lots of people same time. I am faxing the bundle to court and barclays too. I am trying to sort updated application now, did you change the figure in 3rd paragraph? i.e. £3,778.06 is that meant to be a thearitical figure.

Hi stone , its me, pain inthe neck again, I have PMd site helper, can I ask something else please ref to the Application for removal of stay- Updated to account for the OFT case, I printed that , but now reading it at the ART|.6.1 point, where it quotes a sum of £3,778.06 am I supposed to put my sum in there? also the skeleton argument contains some same details but shortened? and do I need a new POC it doesn't mention that in the bundle?

by the way how did you go about indexing it, is it a list, do you head the page with letterhead, or just straight list. did you just copy the bunle list? yes i know i am thick!!

thanks jen, having a senior moment then, I phoned the court to ask if I could fax documents in and thats ok. I could not get to the court quick enough, no fault of mine I might add, just family commitments, hours on here getting this ready now, one of my grandsons 8th birthday so over there after school, my fatherlaw's in hospital, babyminding tomorrow, Monday and Tuesday:( coming up for air wednesday:)

OK thanks but I can't get it webpage can't be found?

Is this only for when you win? or do they require knowledge of all claims?

Hi just did and WEBPAGE cannot be found!!! in my expereince this happens when something is trying to mess up the progress of threatening situations, as in the petition, I signed many time and could not get it confirmed at all, what do you think?

Hi again, I am thinking of faxing the bundle to the litigation team, should I ring and ask if they are attending? I don't think they will be but is it better to mention it or stay stum (get that great pun !! and i never thought of it)

morning everyone, can you tell me how to give my litigation info to the moderators? it asks over on the litigation success cases ?

thanks hils for that idea of faxing it to litigation, I was just thinking I will have to print a fourth copy for me:eek: should I though or is it best not to remind them at all?

Jenny I just realised you said waiting for Barclays defence, if you are referring to the hearing for application to uplift stay, they won't have to submit a defence will they? is it possible?

did you move it or saitnly tez? I tell you now, I'm in a complete daze getting nowhere fast.

I wish I never asked tez :o wait till slick gets here!! or was that saintly? try my PM again it should be ok?

I have just phoned the court again because I wanted to ask if they had any idea whether the bank would turn up for this sort of hearing? I spoke to clerk and then a woman who seemed more involved in the case, and finally she put me through to a Graham Driver, he said that he did not know but wouldn't think the bank would attend, he said there are a lot of people attending that day, also i asked about what to bring he seemed to think just bring what you thought was approriate to the Application. and he didn't give me a straight answer as to whether a new application was needed so I still don't know but he said if you have submitted everything its all here, so what amount of work to do on this Stay Bundle, I have copied everything, I don't know if I should take 3 copies to the court or post one myself to Barclays. He also said that even if you did get your stay lifted, its unlikely any case will be arranged until after the OFT case, and that if the bank lose they will most probably appeal, as is the same if they win, WE will have to appeal. This is beginning to sound like a waste of time again!!! I don't think it requires doing any soc or statements at this stage,

thankyou once again I will start doing that now, I have been reading that item from stonedecroze, 'the big freeze leaves one million bank customers out in the cold'...staggering:eek:

hilary are you taking all three copies to the court, and where is your court?

Hi stonde I have just read that thanks so much I will add this to the others, in readiness.

Exactly slick, I get mine free on my deal with carphone warehouse, and since I discovered sayno to 0870, I never ever dial those numbers, I have saved a lot on this, the Ideal shopping numbers are 0870 and 0871, the other thing you will notice is that you get answered straight away on the geographical number not so the others.

Hi here we are again;) I have to report I phoned the court again today because I was still uncertian about what to do. Anyway I managed to speak to someone past the clerk, first of all a woman, and then she passed me through to Graham Driver who said that it's a matter of taking whatever I think is relevant to supporting the Application and when I asked should I send to the bank or supply 3 copies to the court, it was up to me, but he did say that it would be better if the court had the details to view before the hearing as there were a lot of cases on that day and it would save time and when I asked if he thought Barclays would turn up, he didn't think they would, so now I think I will do these now and deliver them all to the court,

Thanks so much for all your hard work ja-de and crfx, much appreciated. yes I have copied everything on the bundle for stays list, tell me is it quicker photo copying them twice more or printing twice more, as a matter of interest?? My hubby seems to think that they won't take much notice because lots of people same time and day, he thinks just put the weight behind the crucial fact of the penalty charge being such an excessive charge for going over by small amounts, thus keeping us in the no win situation of increasing the debt instead

Hi thanks crfx, I think i filled you in somewhere way back when, but I am so confused and busy at the moment I will have to get off and come back on here tonight. But I have just phoned the court again because I wanted to ask if they had any idea whether the bank would turn up for this sort of hearing? I spoke to clerk and then a woman who seemed more involved in the case, and finally she put me through to a Graham Driver, he said that he did not know but wouldn't think the bank would attend, also i asked about what to bring he seemed to think just bring what you thought was approriate to the Application. and he didn't give me a straight answer as to whether a new application was needed so I still don't know what amount of work to do on this Stay Bundle, I have copied everything, I don't know if I should take 3 copies to the court or post one myself to Barclays. HELP

Hi there well done for that! I had the same fob off and wrote back to MP but I will have to find it later if thats any good, someone else on here will be faster off the mark I am sure I had their help for that anyway.

sorry its so long and you have no time for this!!! AND hi zootshoot, can you sort this I have to know what to do. sorry I was called away then, and meant to say please pretty please help?

Hi again Well I am so worried about this I have just phoned the court again and this time I got to speak to someone on the case, first the clerk put me through to a woman who then put me through to a Graham Driver, who seemed to be more in charge? anyway he said to bring whatever you thought was required there was no hard and fast rule about it as in my case it's only an oral hearing of the application to lif the stay, and as I have not been asked for anything etc.. I asked if the Barclays have been informed by the court and would they be attending, he didn't know, but he sais it was standard pocedure for the court to inform the banks. he doubted they would attend, and he said that there are quite a lot of people for the same time and day so it would be brief and his own opinion seemed to imply that it was unlikely the judge would lift the stay and he said that when the OFT result came if it was in favour of the banks, then they would probably appeal and vice versa. SO tell me are you making 3 copies of everything on that bundle list and are you READING it???????? help