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Oscar270

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  1. Court Fees - do you have to pay them? Anyone looking for documents relating not paying for court fees due to hardship: Court Fees - do you have to pay them? Hope this helps
  2. With regards to the use of hardship as part of the argument to have a stay overturned, I have seen several members stating the OFT or FSA. They appear to suggest that either or both organisations recommend that cases involving hardship should continue yet I have been unable to find this actually quoted. Anyone got details of it to hand or better still where I can find it.
  3. Varangian, thanks for your comment, I too feel that you are correct that the box standard retort to this will have no effect on removing this order. I will think about this and look to put something slightly different forward. Regards
  4. For anyone else who may be looking for Part 23 of The Civil Procedure Rules here's the link: PART 23 - GENERAL RULES ABOUT APPLICATIONS FOR COURT ORDERS
  5. Sorry guys, Ipswich, Suffolk today recieved order of stay. Very one sided towards the banks. IT IS ORDERED THAT 1 Save as appears in this order, this action be stayed pending the final decision (being judgement in the action or the final appellate court, whichever is the later) in the test case between the Office of Fair Trading v National Westminster Bank plc and others (“the test case”) or further order of the court 2 The Defendant shall within 21 days of the final decision in the test case file at court and serve on the Claimant: (a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action (b) Their proposed directions in this case 3 Upon receipt of the documents set out at paragraph 3 of this order the file be referred to a District Judge to consider further directions 4 Either party may apply to vary or discharge this order, provided that any application is made in accordance with Part 23 of the Civil Procedure Rules and made on 21 days notice 5 Any hearing listed in this matter be vacated Dated 20 August 2007 Any advice on the Civil procedures rules 23?
  6. Thanks for the reply, I'm not holding my breath as I'm fairly sure the stay will be ordered and we will be sitting here talking about this for months. Not to worry I am reading about folk far worse off than myself on this forum and wish each and everyone of them well. Remember "If you're going through hell, keep going" - Winston Churchill.
  7. I'm sorry if someone has already posted this but there is so much stuff on the forum it is sometimes a job to see. I thought it may be of interest to see the latest letter being sent by Lloyds solicitors, in respect of court cases. I have just returned my allocation questionaire and have had the following from Lloyds solicitors: In the XXXXX County Court ME —v- Lloyds TSB Bank plc Claim Number: XXXXX We are writing to explain some important developments in your court claim about current account bank charges. Lloyds TSB believes that its current account fees and charges are clear and represent a fair charge for a banking service that is valued by its customers. However, Lloyds TSB (along with other major UK banks) has now become involved in legal proceedings with the Office of Fair Trading (”OFT”) in relation to unauthorised overdraft charges. We believe this ‘testcase’ will resolve the legal issues about the fairness and legality of these charges. We intend to ask for any court cases dealing with these bank charges to be postponed (‘stayed’) until the banks’ proceedings with the OFT have been resolved. As a result, your case is likely to be put on hold until the outcome of this test case is known. We or the court will be contacting you about that soon. During the legal proceedings between the banks and the OFT, the Financial Ombudsman Service has decided to put all investigations concerning the fairness and legality of unauthorised. overdraft charges on hold, until a decision :has been made by the courts. Similarly, Lloyds TSB has asked the Financial Services Authority (“FSA’) to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect customers’ rights. We will keep you updated about the proceedings with the OFT as soon as we are able to do so. You can also check the latest position on Lloyds TSB ‘s website, 2http://www.lloydstsb.com" Welcome to lloydstsb.com. As a general matter, Lloyds TSB will ensure that your claim will not be adversely affected by the stay of your court proceedings. Once the legal proceedings between the OFT and the banks finish, Lloyds TSB will try to resolve your claim as quickly as possible applying the principles established in that case Please do keep all your documentation as you may need it following resolution of the test case If you have any questions, please contact us on the above telephone number Yours faithfully Solicitors for Lloyds TSB So thats the latest from here, I'm informed by the courts that the solicitors for Lloyds submitted their allocation late (should have been in by friday, arrived today Monday) and it has gone to the judge for direction. Comments most welcomed.
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