Hi Anita You can apply to the court to have the Defence Struck Out immediately. I would go down to the court and do it tomorrow if possible and ask nicely of court clerk to see if they can get it in front of the judge by the end of the day. You don't have to inform Barclays as it is "without further notice".

Hi peeps Hopefully this will be a simple one to answer. I am trying to ascertain whether or not I am actually liable to pay council tax on a second property. The facts are that I have a second property which is unoccupioed and on the market for sale. I am a f/t Carer for my disabled husband and as such I gave up work last year as he needs care 24/7. I thereby (reluctantly) receive only Carer's Allowance, a benefit of approx £48 a week. My husband is on Disability and we no longer have any savings or private or earned income. We are exempt from COuncil Tax on the property which we occupy (privately rented). The other property which I am desperately trying to sell (the mortgage is killing us), is unoccupied. Am I also exempt from paying Council Tax on this other property or simply the discount for it being unoccupied? It seems crazy that we pay no CT for our home but have to pay 50% of it for a property that has remained unoccupied for over a year.

Hi Anita What did the Order actually tell Barclays to submit and by what date?

Hi Anita You would need to present it verbally but only briefly outlining the main points before offering a copy to the judge (and passing another across the the Defendant). You could say something along lines of you object to the proposed order of a stay for several reasons which you feel have merit, namely on the grounds of *Infringment of your rights under the European Convention on Human Rights; * The Overriding Objective which requires that your case is dealt with expeditiously and fairly and in a way that is proportionate to the amount of money involved; * Balance of convenience and; * that the stay does not maintain the status quo. Let the judge read through it then - he will appreciate that you do not hold legal qualifications and cannot be expected to expand on what is written in the Application you hand him.

I agree that a Stay on the day is most likely, my response was for rees who asked "i was just wondering if i need to send a letter opposing the stay to the court now," Many of the Cardiff 14th claimants haven't been asked to submit case management representations (or anything at all).

I want to marry the judge and have his babies. Alternatively, I'll make do with voting him for Emperor of the UK!

Hi jjand bump This is quite normal and it would be best if your read through http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ to get acquainted with what your friend should expect. Barclays will not be refunding any new claims so you need to carry on and get the claim to court (don't use MCOL, file straight at local county court).

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

I'd go as far as actually stating that it conflicts with your wedding and immediate honey of 2-weeks ... judges like you to be specific and your own marriage is definitely good cause for an adjournment!

Mr D The Draft Directions is something to present that is designed to cut through all the waiting in as much as, if ordered, the bank would have to reveal true charge costs within 28 days (they won't and would therefore lose by not complying). Secondly, GaryH has today added a Statement for opposing Stay; this is something to send if you are notified that your claim has been Stayed and/or to take along to the hearing on 14th in case Barclays apply for a Stay on the day.

"If you have not received this information within the 28 days please let us know and we will take further action." So what, they're going to put them on the naughty step? My definition of action has always involved Bruce Willis or Aliens fighting Predators with lots of noise and flashy stuff and, most importantly, a discernable outcome! Oh dear, time to get out my Save the Whale badge

Hi rees You cannot object to a Stay that hasn't been made or even proposed yet. What you can do is ring the court next week and ask if a Stay has been applied for against your claim. If it has, then send in the objection. My understanding is that Protocol requires the other party to send you a copy of the request so if you haven't received one in the next week, you can also take action on that score. Hi kalujo Again, call next week and find if there has been a Stay (I hear what GaryH says about word from Cardiff at the moment that there are no Stay requests however this may change). In any event, take in 3 copies of the Statement opposing Stay just incase it is applied for at the actual hearing. Read through it so you are familiar with the basics and understand the grounds for your objection.

Hope Gary H (Mod) won't mind this copy and paste of his recent post - thought it could do with a thread of it's own just to make sure all you lovely claimants out there don't miss it.... "Here's a suggested stay objections statement, which you should submit along with your case management representations. If you are attending then those are the points you'll need to argue. http://www.consumeractiongroup.c o....ml#post1046820" __________________

Hey koala Fantastic news about mum, I'm so happy for you and your family

Seems to me that the way to go whilst we sit twiddling thumbs for Test Case is to jump on any incidents of non-compliance immediately. If they won't meet us head on, let's pile in the side door!

Oh I am so pleased for JoPickett, good outcome #

PM Saintly, she'll move it for you

Yes, if the Test Case outcome found that £35 for a bounced cheque was fair !! PMSL

Hi buttercup Well if you start court proceedings, the bank will almost certainly withdraw its offer which is packaged up as "a goodwill gesture" in full and final settlement to prevent the need for court litigation. You would have to sign an agreement to accept £4492 as F&F settlement so you would therefore have no case with which to go to court - it's one or the other I'm afraid. Their offer is still open to you and they wll honour it. If you decide to hold out for the full amount + 8%, you will likely be waiting another 12 months+ for the cheque (though it will be a whole lot bigger). This is a decision only you can make

You are able to apply to the court for default judgement for failure to comply with protocols. Under section 3.4 of the civil procedure rules - in particular rule 3.4.4 they have not complied with the Protocols as per the time frame given for filing the allocation questionaire. Linkhere The application to the court is to have the defence struck out due to failure to comply with protocols under section 3.4.4 and that summary judgement be granted.

Hi Olden Even if you can get them to confirm offer is still active/ reinstate the offer, Barclays are not going to send you any money unless you sign agreeing that it is in full and final settlement. Nice idea but Barclays aren't going to agree.

Remember that a Claimant can argue strongly against the imposition of a Stay where it will the delay can be demonstrated as having a severe impact (eg bankruptcy). This arguement against a Stay also applies to those with life threatening medical conditions, emmigration etc

Hi tnook Low Income is not a compelling enough arguement against a Stay (though extreme poor health, emmigration etc is). As you cannot attend and it is the big one, I would be inclined to request an adjournment and give reasons why, as oppose to just putting in a written representation as the latter would in effect mean you are agreeing to the hearing taking place in your absence. In view of it being a trial, have you contacted BLT recently to see if they wish to negotiate out of court settlement?

Hi WHU Only ringing the court will give you an idea of their own caseload, so that's your best bet. At the moment there is nothing for you to do except trawl the site and the web for any more research pieces on pre-6yr cases. Next you will have a Notice from Chelmsford telling you one or a combination of the following whether the judge has decided to ask for an AQ to be completed, set a hearing date, requires you to serve more paperwork (which will be itemised). Now, is just a waiting game for the post

What sort of hearing ... Directions, Case Management, trial?