Shedbuilder
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Hi again..........long time etc etc. I gather there's a decision due today in the OFT Bank Charges case. Does anyone know yet, what the course of action's going to be if the court finds in our favour? Is it all going to go to appeal before any outstanding cases are decided, will we all be waiting another year or more........ All the best Shedbuilder
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Hi, I've just received a "General Form of Judgment or Order" stating that the claim will be stayed with immediate effect pending determination of the Commercial Court litigation. Permission to apply to lift the stay. Any application shall (i) be made to a District Judge on notice to all other parties (ii) include reasons why this claim should proceed before the determination of the Commercial Court litigation. Unless the Court has given directions in the meantime the Defendant shall upon notice to the Claimant apply for directions within 3 months of the determination of the Commercial Court litigation. I guess there's nothing I can do now, just wait for the result of the Commercial Court etc. (Presumably, this could go on for years with appeal processes etc etc. Is it totally open-ended? It's a different District Judge who's made this judgement, I don't know if that's got anything to do with it. Regards Shedb
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No, I've always been more of a pheasant plucker than a chicken counter, still I hope they're right! All the best Shedb
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Hi Slick - no probs, letter sent to bank and copied to court. Thanks again Regards Shedb
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I've already sent the letter as per post 115. Shedb
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Hi Slick, Consider it done. Thanks for all your help on this. What sort of time scale do you suppose there will be before I hear that it's been stayed, or that I have judgement? All the best Shedb
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Hi Slick, Saint, The stay application was dated 15/11 and was copied to me. However, according to the court order, it should have been submitted by approx 5 weeks before that (8/10)! If I send a letter asking for judgement, do I really want to throw in the bit about not allowing the bank's further evidence if they do grant a stay, or do you think I should wait until I hear that the Judge has granted the stay before saying that? All the best Shedb
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Hi again, One other thing - do I need to cc the letter to the Bank, or just send to the Court? Regards Shedb
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Hi Slick, Deadline has now expired, I spoke to the Court and they have the bank's application to stay the case on file but no decision from the Judge yet. So, I now send in the letter as per post 111 above, anything else? Thanks & regards Shedb
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OK, Thanks. The lady I spoke to at the court said that they could apply for the case to be stayed at any time, so I guess I just wait and see if they get it stayed by 10/12, otherwise I win. Is that right? Regards Shedb
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Hi Slick, Saint, Nothing heard yet from BLT, and today's the end of the negotiation period. I spoke to the court on Friday and case wasn't stayed at that time. Do Barclays usually leave it so late in the neg period? Should I expect to hear anything from them today or will they just rely on getting the case stayed? If I hear nothing, what do I do after today? Any advice greatly appreciated. Thanks Shedb
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Kate has replied, just to say that she's passed it over to the case manager, Robert Saunders. Shed
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Hi Slick, Saint, email with updated charges, interest etc sent to Kate Ashton at BLT as of today's date. I'll let you know if/when I get a response. Regards Shedb
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Hi again, So I don't need to cc the bank in my letter to the court objecting to their stay application then? Also, I thought it was just a case of my phoning or e-mailing the BLT. Are you suggesting that I should write to them? If so, I probably need to start before the last week of the negotiation period don't I? Regards Shedb
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OKEY DOKEY - Thanks for all your help. Regards Shedb
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Hi Slick, What if BLT brings up the subject of the stay application? Do I just lose the power of speech, or start mumbling & slurring? Shedb
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Slick, Received a letter from bank this morning, sent to the Court Manager copied to me, asking for the claim to be stayed pending the ultimate determination of the test case between OFT and the Banks. Do I do anything now? Presumably, I no longer contact the BLT next week? Do I write to the court stating that they've missed the Judge's deadline for staying the case? Whaddya reckon? Shedb
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Hi Slick, OK, thanks for advice. I'll get in touch with them during the course of next week and see what transpires. I'll let you know. Thanks again Shedb
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And another thing. If they can get it stayed (presumably at any time up until the end of the negotiation period), wouldn't I be better off not contacting them next week, as I would only be alerting them to the approaching deadline? Presumably, if they miss that date they would then have to file their schedule or pay up? Shedb
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Hi Slick, What are the details of the precedents set? If they're going to get it stayed, shouldn't somebody (i.e. bank or court) be telling me something? In the absence of any other info and in a normal situation, surely the court's word has to be adhered to? What's the time-scale in which Barclays need to make their argument to have the case stayed? Shedb
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Hi Slick, No, it's not a business claim, it's private. Does that make a difference? Shedb
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Hi Slick, Saint, Haven't heard a dicky-bird from anyone as yet. 14 days to go 'til deadline for the bank & I to settle before they'd have to either have it stayed or start preparing a schedule in response to mine. Any suggestions? All the best Shedb
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I dunno - what do you take me for?
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Oh blimey, not sure I can make a stiff drink last that long! Shedb
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OK, filed, served and waiting! Shedb
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