See http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/40322-breaking-news-cases-stayed.html Things are looking up for Cardiff claimants! Purp

Hi Stadium That's great news! (I told you I'd continue to lurk;) ) At least it'll put pressure on Lloyds to settle now - hopefully you'll be getting that nice cheque before Christmas. Well done for standing your ground - I'm sure it won't be long now...:grin: Purp

On a slightly different point - please be prepared for the possibility of your claim being stayed once transferred to Cardiff CC. See http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered-3.html?highlight=cardiff#post216824 This is what has happened to quite a few people already - and I was told by Cardiff County Court that ALL welsh bank charges cases would be transferred there (although I know that at least one person has had a court date fixed in Swansea). Purp72

I'm sorry to hear about your recent loss. I still have heard nothing from the court - but yesterday, Abbey offered F&F settlement (I only had a small claim - £300). I will continue to track the Cardiff claims (because I'm nosey!) and will offer any advice that I'm able to. I hope that whatever the judges decide this week helps you get your money back as soon as possible. Purp72 PS When you applied for removal of the stay, did you copy the letter/application to your banks's solicitors? I did this and also sent e-mail updates to the solicitors, showing that I was in contact with the court and was trying to push for removal of the stay to show them that I wouldn't be put off. I'm not sure whether this helped but it might be worth a try if you haven't already....

Brief history of claim - I originally sent my preliminary to Abbey on 19th April, issued proceedings via MCOL in May, AQ went back on 12th July and have (since then ) been bogged down with the stay ordered by the DJ at Cardiff County Court. Applied to remove the stay but have heard nothing from the Court as yet - see http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34409-has-your-case-been.html As my claim was only small (approx. £300), in the last 2 weeks, I have used every reasonable opportunity to write/e-mail to DLA (because lawyers usually charge on a time basis for every letter/e-mail they receive/send) - eg. to offer to settle, to send copies of my letters to the court, to chase for a response to my offer to settle. My idea was to take Abbey's legal fees to a point where it was far more cost effective to settle. I am not sure whether this worked or whether it was simply the realisation that I was not going to stop pursuing it..... but they've offered me the whole amount this afternoon! Thanks so much to all who have helped me/answered my queries/put up with my whinging when nothing was happening. I feel sad that I have no real reason to visit the site anymore!!! although I know that I will continue to track what is happening at Cardiff County Court....;-) Good luck to all who are still struggling - stay firm, you will get there eventually. THANKS AGAIN! Purp72

Have a look at this thread http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html?highlight=stays There is also sub-forum of the General forum which includes threads/advice for those members who have had stays imposed pending the result of a test case. As it sounds as if your stay is only for 1 month, it may well be that it has been ordered by the judge on his own initiative to allow you and Lloyds to try to settle. It could be that Lloyds asked for a stay of 1 month to try to settle - have you had a copy of their allocation questionnaire? Hope this helps.

Sorry I obviously misunderstood you - I agree that, as a result of the approach being taken in Cardiff (and elsewhere) the courts will get clogged up with applications for removals of stays. It's a vicious circle.

While I do agree with you in principle, if you look at it from the court's point of view, they suddenly have all these extra small claims actions landing on their doorstep. Allocating hearings for all of these claims will take up a lot of court time. The time for this in the court's diary still needs to be allocated, irrespective of whether there is settlement before hearing. In fact, I think that the courts do understand that the banks are settling out of court - which is why they are trying to force a "test-case" - because otherwise they are allocating a large proportion of the court's time for hearings which will never take place. If the banks are leaving settlement until the last possible moment, it then means that the allocated court time cannot be filled with other hearings . The courts are simply trying to ensure that there is effective use of the court's time. However, if you are stuck in the middle (like me and many others), this does not help....

As I said, I am not suggesting that what I have done is correct but hopefully it helps - if only in reminding you that you are not the only one in this position. Just for further info, this is what court told me this morning about stays at Cardiff: http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34409-has-your-case-been.html#post276993 Keep us informed.

Have you managed to speak to court this week? For info, this is what I was told:- http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34409-has-your-case-been.html#post276993

For all those whose cases are currently stayed at Cardiff County Court - I have just spoken to the court and have been informed that the circuit judge (His Hon. Judge Hickinbottom)and the head district judge will be meeting later this week to discuss what approach to take with all of the bank charges cases currently stayed (particularly as Williams v Barclays Bank now appears to have been settled - although it's not clear that this information has filtered through to the court yet). The listing's clerk did also indicate that the judges might chose another case as a "test-case" but that everyone who had applied for removal of the stay should hear something by the middle of next week.

Twinkle Last time that I'll harass you (honest!) Have you sent papers to Cardiff County Court confirming settlement yet? Purp

Hi - I have exactly the same stay on my proceedings from Cardiff County Court (as does Stadium_Arcadium). This is my letter (if it helps): Before anyone says anything, I know that I should have done it by N244 application to the court, but as I only have a fairly small claim (approx. £300) I did not want to spend the additional £35 (which I believe is probably irrecoverable from by bank). I have also altered BF's letter and I am not saying what I've done is correct - I haven't had a response from the court yet so I don't know what (if any) effect it's had. You can see I cut out the stuff about the test case (Elliott v Lloyds) because the order doesn't refer to it (and I was only advised verbally about Williams v Barclays) but I did add an extra paragraph 1 about CPR 26.4. I also cut out the information about injunctions etc. because my Abbey account is closed so they cannot add any charges while the proceedings are ongoing. No reason is given for the stay so hopefully (at the very least) the court will come back to me with written confirmation of this. If it is a stay pending the decision in Williams v Barclays - then as I know that it has been settled, there is no reason for the stay to remain in place. The problem is that, unless you take some action, I can't imagine the courts will be very quick to remove the stay and while there's a stay in place, there's no incentive for your bank to negotiate a settlement. Hence, Bank Fodder's advice to everyone affected by a stay is to apply for its removal. I would check out the Mercantile/Stays sub-forum of the General board. Hope that this helps. Purp72

Have you heard anything from court yet?

Hi Sorry to hear you've not been well. I've written to the court (to try to avoid the £35 N244 fee) requesting that the stay be removed and copied the letter to Abbey's solicitors with a letter also trying to negotiate a settlement on the basis that I'll deduct the actual cost of my transgressions from the claim. The solicitors have confirmed that they will take instructions and will get back to me by the end of the week. I've still to hear from the court. Hope that your letter works with Barclaycard Purp72

Hi - if you haven't already seen it there is some information about Cardiff County Court on http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html Purp72

You really do need to spend plenty of time reading the FAQs to understand the whole process before you start. From personal experience, to get NatWest to refund £80 of charges, I had to issue County Court proceedings before they agreed to refund. It will vary from institution to institution. MBNA refunded £280 after LBA stage. Once you've read the FAQs, start looking at threads from users who are claiming from First Direct to see how the land lies. Good luck Purp72

Just a word of warning generally about time scales - I sent my prelim back in April, AQ went back early July and, 6 months on, still no nearer to hearing date (as I have a court ordered stay on my proceedings). LordLee - I would try to stick with it if you can afford to. The 10% that Abbey are keeping back equates to approx. £2.50/£3.00 per paid/unpaid item, which still seems on the high side when you think about the amounts bandied around on this site eg. £0.50 - £1.50 - for what are fully automated processes. The threat of a hearing date (even if it is some time in advance) might be enough to nudge Abbey up some so I certainly wouldn't accept until after the stay has expired. Once the stay expires, do you need to do anything to "re-activate" the proceedings, or will it automatically go for listing? It might be worth phoning the listings office of your County Court to make sure that it isn't overlooked and to see whether you can be given an early date (on the basis that you've already had to sit and wait during the stay) - you can but ask.... Purp72

Hi Garofski I agree with FunkyJMan that you should apply to the court for removal of the stay (there is a template in the Library) - hopefully that will be enough to nudge your bank/building society into settling. I'm not sure how your stay is worded but if it is just "stayed generally", have a look at my posts of 21 Sept. You might want to add to your application that the order breaches CPR 24(2)(b). I can let you have the wording that I used in my letter to the court (I didn't want to pay the £35 fee - but I know that this is not strictly the correct procedure). The other good news is that the Williams v Barclays case has been settled - although I suspect that the court will not yet be aware of this as the claimant will still be waiting for payment from Barclays before notifying the court. But I would say that, all things being well, the court should be aware of the fact that this case has settled within the next fortnight and there should therefore be no reason for any of the stayed proceedings in Cardiff to remain stayed. However, I suspect that the DJ/circuit judge may then chose another case to be a "test-case". Stay strong. Purp 72

Sorry - I'm not trying to hi-jack your thread (honest!). Just thought I'd let you know that Twinkle's case has now been settled by Barclays. This is the case that I was told by Cardiff CC was the "test-case" so, as far as I'm concerned, there is no need for the stay to remain on my proceedings. Purp72

Hi Twinkle CONGRATULATIONS!!! :) :) That's fantastic news - it gives us all hope that we will ALL get there in the end. It also means (on a personal level) that the "test-case" in Cardiff is no more so there is no reason for my proceedings to be stayed. You should be really proud of yourself for sticking with it (even when it got tough) - well done. Purp72

Sorry just answering my own question - have now found CPR 3.10 which states that if there has been an error of procedure such as failure to comply with rules, the error does not invalidate any step in the proceedings unless the court orders and the court can make a further order to remedy the error. Am still using it as an argument in my letter to court to get my stay lifted in the hope that it might provoke a reaction - even if it is a new order staying the proceedings but which specifies a period for the stay. Purp72

Hi Stadium Just to update you - I've decided to write to the judge as I'm bored with waiting now. I know that I should probably file a proper application but with the £35 fee, it just seems like throwing good money after bad and (because it's the judge that's ordered the stay) I'm not sure that I'll be able to recover the fee from my bank (Abbey). I have slightly tweaked the application that Bank Fodder prepared. One thing that I noticed (when I looked at the actual rules under which the judge has ordered the stay) is that it is supposed to be for one month or for a "specified period". So I am also adding this to my letter as I think that (procedurally) the order staying my case is invalid. I am also sending a copy to Abbey's solicitors with an approach to settle - on the basis that I am happy to pay the actual cost of my account transgressions but not penalty charges. Let me know if you hear anything from the court Purp72

Hi - can anyone help me with this? My proceedings were "stayed generally pending a further order from the court" by Cardiff County Court on 9 August. I haven't got the order with me to check but I know that there was no time limit set as part of the stay. The clerk at the court has verbally told me that my case is stayed pending resolution of a "test-case" in Cardiff (but I've had nothing in writing). I've just had a look at the Civil Procedure Rules - para 26.4(2)(b) - which allow the court "of it's own initiative, [where it] considers that such a stay would be appropriate" to "direct that the proceedings ... be stayed for one month, or for such specified period as it considers appropriate". My reading of this is that procedurally the stay imposed on my case is invalid because it does not give any time limit at all. Is this something that I can use in my arguments to have the stay lifted? Purp72

I agree that it is not clear - the only reason I know is that I paid for and printed a recorded delivery label yesterday. Once paid for - there is a note which appears on screen saying that you must not post in a pillar box and must take it to a post office. Obviously, without a post office stamp, there is no "independent" evidence that you have posted a recorded delivery or (presumably) special delivery package/letter. However, it does seem like a bit of a waste of time printing it out as if you need to visit Post Office, you can just pay there and then... For normal first class/second class - you can just put in post box. Hope that this helps. Purp72