Court date on 12th Feb -stay lifted - *WON IN COURT*

[linz2011]

Hi

 

My OH is claiming credit card charges and the case was stayed pending the outcome of the OFT case - he has applied to have the stay lifted and the hearing is on the 12th Feb, anyone any experience of this? what to expect etc..

 

Any help appreciated:)

[hilaryfrances]

as far as I know, credit card charges are not affected by the test case, he should still get them back

[caro]

Absolutely right. The case should not have been stayed as the test case only refers to bank charges.

 

Some of these posts may help you. http://www.consumeractiongroup.co.uk/forum/guidance-notes/

 

Also see if any of this helps.

 

The Office of Fair Trading: Questions and answers for OFT personal current account work

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

[linz2011]

Hi

 

Thanks for that can I just clarify whether or not he needs to do a court bundle - not sure what he needs to take as it does not say anything much on the letter from court

 

Thanks

[hilaryfrances]

I think there is a court bundle for credit card claims, if you look through templates you will find it. I dont know if you have done one before, they look worse then they are, very logical once you get into them. They just back up your arguments with the relevant acts of parliament etc.

[linz2011]

Hi

 

It is to have a stay lifted - does that make a difference?

[hilaryfrances]

well I did one to have my stay lifted on my bank charges claim, judge impressed but it made no difference. Still have to await the outcome of the test case but you should not have had a stay put on a credit card case as they are not involved in the test case at all.

[Bookworm]

Stayed c/c claims are somewhat different from bank charges ones, as they shouldn't have happened at all.

 

This is the letter I took with me for my B/card one:

 

 

Case xxxxxxxx

 

Bookie v Barclaycard Plc

 

Dear Judge XXX,

 

I respectfully object to the proposed order of a stay in respect of the claim xxxxxxx Bookie v Barclaycard Plc. I respectfully ask that it be refused on the following grounds:

 

This claim xxxxxxxx is in respect of Charges applied to my credit card account. My claim is notconcerning the recovery of current bank account charges. This claim is therefore not affected by the outcome to the OFT test case and should be allowed to proceed to its natural conclusion through the courts.

 

Credit Card charges differ to current account overdraft charges, insofar as there is a clear breach of contract.

Credit card charges could potentially be decided solely on the “penalty” issue of common law, without reference

to the UTCCR which the OFT case focuses on. Furthermore, as there is a clear breach of contract,

there is no question about whether or not the UTCCR applies as it has been held to apply to default provision

in Director General Fair Trading V First National Bank plc [2002] 1 All ER 97.

 

Yours sincerely

 

All you can do is reiterate that c/c are not affected by the test case, but tbh, if your judge is thick enough to have stayed a c/c case, it means he either doesn't care (some courts blanket stayed regardless) or disagrees, so don't be disheartened if you don't succeed.

[linz2011]

Hi Bookworm

 

Thanks for that is this all I need to take?

[linz2011]

Hi

 

OH won in court the stay was lifted and the judge said that the case would now be listed for hearing

 

YB did not turn up.

 

Thanks for your help Bookworm please can you amend the thread to won in court

[tomterm8]

Done.

 

 

 

Congratualtions, Linz, that's really good news.

[caro]

Congratulations.

 

Which card was it by the way? I think it may hve been YB but it looks like your thread has gone into the wrong forum.

[linz2011]

Hi Caro

 

Yes it was a YB visa

 

Thanks

[hilaryfrances]

fantastic news

[georgieboy]

Well done. :D .....

[linz2011]

Thanks he only had to say yes about 5 times and that was it easy - she was a lovely judge and she was very clued up about the test case and knew it was nothing to do with credit cards

[baloo69]

hi

sorry but this is new thread i think

 

i have just received an offer from yorkshire bank for approx 30% of my claim for bank charges - i thought these has all been frozen pending the result of the test case - am i wrong?

 

any other claims had similar offers recently

[linz2011]

UPDATE - OH has a full small claims hearing for this on Friday - lasting 1hr 30 mins - we received an offer but declined and have not heard anything since so I assume we are going ahead with the hearing - what do i need to take - any help appreciated ????

[tomterm8]

The OFT trial result is being published tomorrow, at 10AM. So.... come on line tomorrow, and we'll be able to help you some more:)

[linz2011]

Cheers Tom will do - i am in court 10.40 tomorrow for another hearing then this one is 12.30 on Friday so will log on tomorrow afternoon

 

This relates to credit card charges though so may not be relevant

 

Thanks

[tomterm8]

personally, i think it is still quite relevant... what is your other hearing?

[caro]

Have you submitted a bundle for court?

[linz2011]

cheque received in full for YB today YEEHAH - Tom I am in court today with Cohens - this is the third visit - they issued a court form i sent the relevant paperwork but they only supplied 2 years worth of statements and the judge ordered i pay what was on the statements which amounted to £95 - i paid that in full then received an order for judgement for 450 - i applied to have it set aside and the hearing is today so will let you know on the other thread the outcome

 

Thanks guys for all your help - saw a cagger on tv this morning (Robert Cummings) talking about the case today

[tomterm8]

Congratulations...

[linz2011]

Thanks Tom made my donation to CAG - it would not be possible without the help of this site and the people who offer their time