A couple of questions.....**** WON ***

[lancsman]

Good luckchuck,silly sayin that as you will have seen your bank manager by now.Helpfull?

If he didn,t wipe the charges out,i hope you told him that once this round of "talks"was over you would be starting the whole process again!

[stadium_arcadium]

Thankfully he did remove the latest charges:D and after me going on about mis-sold PPI's he told me I wasn't paying any. Which was a relief and a tad embarrassing lol. (I could have sworn I was) I didn't mention reclaiming my charges and neither did he, I doubt he knows anything about it and I didn't want to put a spanner in the works by mentioning it.

 

I have also spoken with the court, as my cheque was cashed for the stay removal yesterday. I was told my file was with the judge and he will make a decision today. I guess it will be a case of ringing them again on Monday:-|

 

Still not a sausage from the ice cream sellers!!

 

DPA sent 9th May

Refund request sent 26th May

First get lost reply 1st June

LBA plus schedule of charges sent 12th June

Final response get lost 15th June

CC claim filed(deemed served) 30th June

Acknowledged 3rd July

Defense entered 14th July

AQ returned 7th August - deadline 14th

Stay ordered by judge 22nd August

 

All in all, from the time I sent my first letter, this has taken 4 months!!!! The way things are going, after reading other threads, I can't see me getting a court date this year!

[lancsman]

Ah well,you see Sue "ice cream"sellers don,t sell sausages!!

They are that busy sending out "nos" that they are missing some of the "yiss" ones,n they are too busy polishing Lloyds shoes but i think they have probably regretted taking the bank charges thing on!Would be interesting what an "insider"could tell us.

 

I did hear that someone checked their account and without any warning their was a "refund"posted in it.....so i have started to check our account.Fed up with paying their interest though.Can,t afford to build it back up to negative zero balance!

 

Best of luck monday.

[stadium_arcadium]

Ah well,you see Sue "ice cream"sellers don,t sell sausages!!

 

LOL:lol: I walked right into that one didn't I?

 

I had to drive into Cardiff Court today, to hand in my mum's claim, so decided to ask about my claim while I was there. The very nice clerk told me that it was still with the judge, pending the test case in London. I explained that in every so called test case so far the banks have paid up, lloyds stall as much as possible etc, so did she have a date for the test case. Was told that as the judge was discussing things with a district judge and he has stayed most claims in CC then it would indicate that the test case is not far off. He will deal with all the other claims once the test case has been resolved.

So, as far as I can make out, my application for the stay to be removed has made no difference whatsoever:x

[lancsman]

So does the "test case"situation apply to everywhere?

Got an off putting letter back from Lloyds.Have P.M.ed it to admin and will be putting it on my thread shortly with any luck.

We must just keep our fingers xd

bbfn got to go HAIRCUT BECKONS!!!!

[purp72]

Hi Stadium Arcadium

 

I too am being held up by the general stay ordered by Cardiff County Court - as I understand it, this is now the position for all small claims cases brought in Wales (which have got to AQ stage) as they are all being routed via Cardiff CC. You mention a test case in London - I was originally also told this by the clerk at Cardiff CC but when pressed he told me that in fact the case was to be heard in Cardiff. Through a bit of detective work(!) I found this thread

http://www.consumeractiongroup.co.uk/forum/barclays-bank/4775-mission-but-nervous.html

 

Twinkle's case is the multi-track case that I was told by the court is the "test-case". I have held off applying for a removal of the stay on my case until this is settled - but I'm interested to know how you are faring with your application. However, if you read Twinkle's thread, you'll see that a settlement is fairly imminent. Once this has happened I will be applying for removal of the stay but I suspect that even when that case has settled the court will just pick another case (and another and so on) to multi-track to ensure that court time is not clogged up with these cases which will never get to hearing. As you know though it's SO SO SO FRUSTRATING from the claimant's point of view because without a hearing date, you cannot exercise any pressure on the bank's solicitors to settle. I have no doubt that, as soon as the stay was ordered, my file went right to the bottom of the pile in the solicitor's office.

 

Sorry for long post - just ranting really! Hope this fills in some detail for you.

Purp72

[stadium_arcadium]

I suspect that even when that case has settled the court will just pick another case (and another and so on) to multi-track to ensure that court time is not clogged up with these cases which will never get to hearing. As you know though it's SO SO SO FRUSTRATING from the claimant's point of view because without a hearing date, you cannot exercise any pressure on the bank's solicitors to settle. I have no doubt that, as soon as the stay was ordered, my file went right to the bottom of the pile in the solicitor's office.

Yes!! That is exactly what I think!:-| This could drag out for ages!

 

Thanks for all that info, Purp72, I read Twinkle's thread with great interest and will be keeping a close eye on it. Maybe all us claiments who have been stayed should get together and storm the court if they decide to do this again, maybe then they might listen to us!

 

I have had no correspondence from the court regarding the stay, I don't know if they will wait for the outcome of the test case before contacting me. The best I can hope for is that the stay is lifted automatically when the test case is settled, as I have already paid the fee. (thankfully I only had to pay £10 due to reciepts of benefit)

Will keep updating as and when things progress, and, as usual, keep reading around the threads

[stadium_arcadium]

So does the "test case"situation apply to everywhere?

Got an off putting letter back from Lloyds.Have P.M.ed it to admin and will be putting it on my thread shortly with any luck.

We must just keep our fingers xd

bbfn got to go HAIRCUT BECKONS!!!!

 

It seems the stays are just for claims in Cardiff CC, as far as I'm aware, hopefully you will get your money soon. Will go check out your thread....

[steve1145]

Hi Purp72 and Stadium

 

The bit about all cases in Wales can't be true as my case in Swansea is on the same timeline, if not just behind Stadiums, and my date has been given.

 

Is someone telling little porkies at the court to try and passify you I wonder??!?

[purp72]

That's interesting Steve. I agree that, although the court staff are very friendly and helpful, there seems to be some mis-information out there. I do know however that Twinkle's case has been transferred to Cardiff from another Welsh court. It'd be interesting to find out whether there are other Welsh courts still issuing hearing dates or whether they are now transferring proceedings to Cardiff and staying them - maybe I'll post on the general board.

 

Stadium Arcadium - I love the idea of us all storming the County Court. It'd be like modern day "Rebecca Riots" - they were about fat cats charging excessively high tolls too. Except you'd only have to wear women's clothes if you wanted to... lol.

 

Purp72

[stadium_arcadium]

Stadium Arcadium - I love the idea of us all storming the County Court. It'd be like modern day "Rebecca Riots" - they were about fat cats charging excessively high tolls too. Except you'd only have to wear women's clothes if you wanted to... lol.

 

 

 

Lol, I'll be ok Purp, cos I am a woman:D

 

Still no news, not even anything in writing from the court:-| I really expected some kind of correspondence from them regarding the stay, even if it is to inform me of lack of progress.

[lancsman]

That's life chuck then like buses all come in threes .tum te tum

[purp72]

Not very impressed that the court hasn't even replied to you - I'm not sure that there's much point in me writing until Twinkle's case is settled. I'm keeping an eye on twinkle's thread but, at the moment, no news from Barclays with full settlement. So the wait goes on...

 

Not sure whether you've seen what's been going on with some cases in England being transferred to Mercantile Court as "test-cases" - no doubt, other people will start hitting the brick wall that is the "stay" soon. I know it doesn't help us really but it's nice to be able to vent your frustrations to others in the same boat.

 

We shall overcome....

Purp72

[stadium_arcadium]

I have been keeping my eye on the Merchantile Court cases, thought maybe that this one is the one the judge was reffering to?

http://www.consumeractiongroup.co.uk/forum/mercantile-court/18677-liz-barclays-transferred-mercantile.html

It is, after all, in London and against Barclays.....

As well as that thread I will also stay updated with Twinkle's, and agree there would be no point in you writing to your court yet:-| bet Lloyds are loving all this:-x

 

I was with my mum yesterday when she checked her bank account to find Halifax had paid her claim in full, so I do not despair, I will keep the faith.

 

I hope that one of the Merchantile cases goes all the way, just to get some closure on these ridiculously high penalties we are all still paying. Somehow though, I can't see it, the banks really don't want that do they!

[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

[purp72]

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

[purp72]

Have you heard anything from court yet?

[stadium_arcadium]

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

 

Sorry for not getting back to you earlier, have been sooooooo busy this week:oops:

 

Thats very good news for Twinkle! I think I will give the court a ring on Monday, cos I've not heard anything at all!! It has also been way past a month since my stay was issued too, this is getting ridiculous!

My mum has had her case settled with halifax, and I have one ongoing with cap 1 which will hopefully be settled by the end of Oct (both started less than 6 weeks ago) yet this battle seems to have come to a griding halt!

 

I have some catching up to do regarding threads, see if there's any info that can help me speed things up a bit. Thanks for keeping me updated Purp, much appreciated:)

[purp72]

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

[stadium_arcadium]

Hi Purp, I have not gotten round to ringing the court yet, (have had a death in the family so everything has been on hold) but after reading that I will get onto it today! Maybe something will now start to happen!

Thank you so much much for keeping me informed, you are a great help:D

[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....

[lancsman]

I now think its a good idea (with justification)to send copies to the solicitors by registered post AND follow up after a few days with a telephone call to ENSURE they haven't lost what was painstakingly put together.

Repeatedly asked "the ice cream seller's" for an e-mail address to speed things up .all i got back was "can you fax it".So if your defendants solicitors have e-mail be thankfull.

Must reiterate wot purple says sorry about your loss.you don't need such stresses when you are dealing with such incompetence and brutish bank behaviour.

People are here to help and support night night.....

[stadium_arcadium]

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....

 

Firstly, congratulations on your settlement! That is great news, well done!

Secondly, I have just spoken to Cardiff Court and was told that the judge has been updated as of this morning on recent events and the stays placed there (regarding bank charges) are to be in place until the outcome of yet another test case to be heard in London on the 17th October. They couldn't give me any information regarding a case number or claimants name but did say the defendant was Lloyds Bank.

And thirdly, thanks for the advice regarding sending information to SC&M. So far I have had no contact with them whatsoever but next week I will get into action and do as you suggest.

 

Thanks also for your condolences

[stadium_arcadium]

I now think its a good idea (with justification)to send copies to the solicitors by registered post AND follow up after a few days with a telephone call to ENSURE they haven't lost what was painstakingly put together.

Repeatedly asked "the ice cream seller's" for an e-mail address to speed things up .all i got back was "can you fax it".So if your defendants solicitors have e-mail be thankfull.

Must reiterate wot purple says sorry about your loss.you don't need such stresses when you are dealing with such incompetence and brutish bank behaviour.

People are here to help and support night night.....

 

Thanks for your kind words Lancs, I intend to do as much as I can to speed things up

[lancsman]

eye best of luck dont knw thatin welsh!