cheers Caro, sorry, been a bit distracted at mo, got informed from Halifax CC that my claim against Nationwide put on stay, and had my request for judgement denied in front of me due to district Judge HAWKESWORTH QC instructing whole of Bradford District (which covers Halifax) to put all cases pending or not yet filed on Stay. I will contest this in the next couple of days (funds shortage) but the N244 form? will cost me £65 and they have informed me it will probably NOT be granted. The clerk was very helpful and sympathetic (I guess she has a claim in at the moment) and obviously could not give me any legal advice on it, but the way she came accross was for me to hold on until the test case ends in Feb 2008, and also informed me that an order of the stay was already in the post. regards chris

Hi Jules, sort of in his last paragraph, he does say he will follow the case carefully and discuss the points with the appropriate authorities. I will follow this up with my own personall letter clarifying my case and the details surrounding it, as for the other local reps and the MEP's no response yet, although I only emailed them monday, gerry's reply was very swift (maybe standard reply, but he repilied thank him.) keep you informed stay fresh:D regards chris

Hi Jules, feel for you, keep plugging though try my letter out, you never Know (it might need checking for spellings and Grammer though, any body near Queensbury to compare tactics?lol:eek: ps got a reply from my local MP Gerry Sutcliffe, too lomg to quote but will contact him again. Stay fresh:D regards chris

Hi Icey, just to let you know, went to Halifax CC and handed over my Request for Judgement only to be handed it back as all cases under bradford QC Judge Hawksworth are on stay pending outcome of test case early next year and an order on that has been sent to me via post. I did point to the fact that not all courts were doing this and some courts were continuing at which point she did say this is up to each District Judge unfortunatly the Halifax judge was under instruction to put cases on stay. When I enquired about contesting the stay I was informed I would have to pay a further £65 (thought it was only £35:confused: could be catching up to the banks charges!! lol:D ) and that there was no gaurantee that it would be succesful:( . I will look for the thread regarding contesting the stay and probably attempt to contest it anyway, I've come this far, and ANY advice from you guy's, a site helper or Moderator woyld be more than appreciated. On a lighter note, I have just drafted this ammended letter for what use it will be. 8th August 2007 Customer Services Manager Nationwide Building Society UC Hawksworth NW 5001 Swindon SN38 1NW Dear Sir/Madam, Re: Flex Account number: xxxx/xxxxxxx Log Ref: xxxxx/xxx As you should be aware, I am currently disputing the balance of my Flex Account on the grounds of unfair and unlawful penalty charges, which have been levied against me. As this account is in dispute and now delayed due to the ongoing test case you have informed me of, I would like to remind you of The Office of Fair Trading Code for Guidance in which it states ‘putting pressure on debtors or third parties is considered to be oppressive. This includes: Ignoring Disputes about whether money is owed and refusing to FREEZE action if the debt is in dispute. As I am aware your unlawful charges come under this section and therefore should not be taken. I would therefore be grateful if you would stop ANY charges on my accounts until the test case has been resolved, this would also come into effect if you were to contest the outcome of the case in Feb 2008, and should you have to return any mandates for whatever reason you seem fit, then this should be without charge to me as per your application for a stay which was allowed through the FSA, FOS and OFT test case. I believe that as you kindly informed me of the request for a stay on all claims against you was granted and dated 27th July 2007, I trust you will take this into account and from that date you will no longer place any charges on my account, at which I will only add any charges NOT already imposed prior to this date. I will in all correspondences with either yourselves or the court quote the test case and the unfairness of the consumer’s rights being neglected. Should you refuse my request for the above I will seek a court injunction to prevent you from taking any further action. I would also like you to take note that I will only correspond with you on these matters in writing. Yours faithfully, Regards as always chris

Hi all, how do I find the postal address's for the FSA, FOS and OFT, as I wish to send them a couple of letters regarding the claims I am trying to sort. regards chris.

I wish my judge would do that, never know I might be able to change his mind, will have to find out which judge it is, he may have a stake in the banks coffers. lol. probably should'nt have said that. regards chris

good luck Icey, I'm off into halifax anyway to put my request for judgement in. Hope yu have a good Judge. I will try and get some written info from what I was told Yesterday.:o regards Chris

keep going ABG, your almost there and so long as the case is heard, you have more chance of coming away with it all. The worst that could happen is the judge allows them the stay they are all going for, as I have found and I have not even submitted my issue yet. Each court is different. good luck, and don't panic. regards chris

I mean judges crumbled not us. chris

it makes me feel better some judges are continuing, do they fancy working at alternative courts to help others who have crumbled at the last hurdle and surrendered to the banks. regards chris ps fingers crossed Icey, let us know how it goes, it may be that if you are due a hearing it may be too late for the judge. Here's hoping

well done, any chance the judge could move up to Halifax!!! chris

Thanks Camdenite, I too hope she was frustrated that her claim was''nt going through and I did say I would still request judgement and take my chances at it being returned, it's just the fact that Bradford CC said exactly the same and that lit my fuse a bit. I have also posted on the abbey as I am on there and the Yorkshire bank ones, those are the 2 I havent been able to issue yet. It was just the way she spoke to me, maybe she was from the banks and leant over the counter to take the call. lol. any way if a mod could contact me:o I will gladly tell them what was said, although I have already told it. keep plugging regards chris

Hi all, can anyone clarify this as been ordered from the heirarchy as the court informed me that they had only just received the directive this morning, and it may still be uo to the judges decision at their court. please don't panic, it might only be mine.I do not want to start a panic, it may only be a few courts and I will go that extra mile to a court that is continuing. regards chris

Hi Icy, I rang the Halifax County court regarding Nationwide defence, No defence received, I then enquired about 'Request for Judgement' to which the lady/clerk advised me the circuit Judge had put ALL new and pending claims on stay, and this was a blanket stay at ALL courts from a directive from a more senior judge down south. I asked her to clarify what she meant by blanket stay all courts, she confirmed this and got a bit angry and then proceeded to inform me that she had the authority to put a stay on my claim:eek: I did indicate that I would like to proceed with the 'request for judgement' at which point she informed me that it would be sent back to me in the post as no action to be taken and that everyone will be informed in due course. Now maybe it is just a few Courts doing this I don't know, but because I have 2 more claims to put in from start, I tested 2 other courts close to me for any different options. As I live near Halifax & Bradford, I tried bradford CC 1st and their reply was the same as Halifax, and due to directive from a higher judge they had been instructed to put a Blanket stay on all pending and new claims. I also contacted Skipton CC and got a different reply, but as I put earlier they havent followed suit yet due to the fact there was no Circuit Judge or Court Manager there to make the decision. Unfirtunatly I don't have the finances available to start my other 2 claims to get to Skipton to atleast get the ball rolling before there is a possibility of them putting a stay on their claims. I hope it is only certain courts doing it and not the whole country or else we will have to counteract this by requesting a stay on all banks from taking any further charges until the outcome of the test case. I am seriously thinking of asking the local district judge to grant a similar stay in my favor as the banks have been given with NO argument. as i will argue the point that the case should fair in both aspects that both sides should have equal bearing on any cases they are involve with, and as I am unable to progress MY side then i should be entitled to the fact that I should not incurr any further charges until the outcome of the test case. See how they likr it. They say all is fair in love and war, yet there are 2 sides here and the FSA, FOS and the OFT who are allowing the banks this ruling should also be informing the banks that they should be giving in this instance and as they have had their wish granted they should pu a complete stop on all unlawful charges from now until the outcome of the test case. I wonder if they would rush the test csae through on that scenario? Anyway, please DO NOT STOP what you are doing because I have had some bad news, like I said it might not be all over the UK and hopefully some courts will ignore the directive and continue. I just wish the Halifax decision was in favor of the consumer and NOT the deep pocketed money grabbing banks. I will not be defeated in my next quest, and that is for the judge to understand mine and everybody elses annoyance at the one sided way the banks are again taking certain controls as to how we live or not. I'm really bitter towrds the banks, but I guess thats what they like. anyway,best of luck, I'm going to sit down with a nice cup of tea and try and draft a letter requesting a sitting with the judge and to ask him if it would be possible to aorder a stay on any charges being taken from my account and use the test case as the banks have. No doubt by the time I have written it and posted it there will probably be hundreds on the site who will have beaten me.lol;) regards as always chris:)

good luck people, I guess I'll have to wait, tried bradford cc for a new claim and they said all on stay, tried Skipton, they said no decision and buisiness as usual, but they did say their was no Circuit Judge OR court Manager in today so have to wait for their decision. Under impression directive sent out this morning from big chief sitting bull at High Court? but not clarified. again good luck with those continuing. regards a disgruntled:( chris

well, rang them back and guess what they informed me ALL courts are on blanket stay due to directions from big judge and stated that due to the Test case starting in October, no removal will be taken until 29th Feb 2008 (leap year) ba humbug, did'nt need that. will still send in my Request fro Judgement even though the lady did say it would be returned to me in the post. I think she might have had her claim put on stay as well because she sounded upset about it and very angry. Anyway, keep you informed regards chris

Hi all, well just done my follow up phone call regarding Nationwide at Halifax County Court, and they've just dropped me a bomb shell. Apparently the cheif justice as today announced a blanket stay on ALL courts, when I questioned this the lady said ALL courts ALL claims, and if I were to send my Request for Judgement in with the box A ticked 'The defendent has not filed an admission or defence to my claim etc' then I would just have this returned to me via the post. She stated the Test case goes to trial in the High Court in October and the stay will be removed no earlier than the 29th February 2008 (if a decision is made by then). I did explain that I had already sent in my claim and wished to continue, but she then stated that she was notifying me that she had put a stay on MY claim there and then which I felt a bit agreived with. I will risk sending my request for Judgement anyway, even though she said it would'nt go anywhere. Will try again tommorrow just incase somebody else says something different, and will try and get wording from them. keep you informed regards chris

Hi Bigmac & Caro, yes Caro the claim for the charges is under £5k, but if you include the interest & the fee it takes it above! it looks like this: Penalty Charges £4839:mad: interest charged on above (taken from account) £961.04:mad: 8% interest to add on both £1224.53 (Complex Calc) court fee £120 or £250? total £7144.57 or £7274.57? ps this is on the Abbey account not this one regards chris

found the letter. now for my local MP's email And Mailing address. best to hard copy it just incase!! Bonnie thats another post closer to your toal so far.!!! lol:D regards chris

hi Bonnie, I know I've just posted a reply a minute ago on a different post, but how do you find out your (my) local MP, I know I voted but I can't remember who he is:confused: I know I have also seen a thread earlier on as to what to write/email so atleast I can get the ball rolling. There are 2 templates I am aware of and on one it states the 'Master of the Rolls' but I don't think he has any bearings on this decision. Catching you up now!! lol:D regards chris

Hi Bonnie, no not yet I havent filed Abbeys N1 court thingy yet, it's a bit more than I can afford at the moment. what with bank charges etc:D not enough month left in the wage:D What I can't get round is I've been posting since sept 2006 and youre 600 posts in front of me and you only started in April 2007! lol:p anyway will keep you informed:cool: regards chris

Hi all, Just an update to let you know, I rang Halifax County Court for an update on NW defence as they have informed me they intend to ask for a stay (what in a hotel!!! ) and the court told me they havent replied yet and to wait till 2moro afternoon to ring again, then if no reply, to go for judgement. Funny thing is I started my Abbey claim 1st but the court costs are greater than NW so thats on hold for a couple of weeks till funds available!!! lol. Keep you informed regards chris;)

Same with me, Phoned Halifax County Court regarding Nationwide defence, no reply yet from them, to ring back tommorrow to check if any reply received at court, otherwise the court said to file judgement against them. See you 2moro then. keep you informed. regards chris

thanks Caro, When I meant any advice ie Don't I meant ie Don't send it, as to which you replied. Thanks again for that. I will now send in my claim regarding the info I have and although the total is just over £1k (if you include the interest). Just a question on that, do you include the interest on the N1 form as I will do with Abbey, and if so does that come into effect regarding the court fee, as the interest on the Abbey takes it above £5k for the fee, yet it is just under before you add interest? Or am I totally confused now?:o Thanks again for all your help regards chris;)

Hi Harpi1994, you could try again if you wanted by starting from the beginning with a new SAR, but depending what your Full & Final Payment letter states (regarding future calims) you might be going up against a brick wall. I don't see why you should'nt be able to, because the banks won't stop charging you these UNLAWFUL charges during the test case yet they do expect everybody to stop with their claims during this very difficult time the banks are having to go through! Just double check (if you still have the letter) wether you have signed to say you will no longer persue any further claims, although there may be other people on the site who have better knowledge on this than I have.:o Good luck which ever way you go. Regards chris