The Stay - Here is the application grounds for the removal of the stay

[Varangian3]

Has anyone here actually been successful in having a stay lifted yet? I'd be really interested to know.

 

Another stay was lifted in Torquay last week as well, on the grounds of hardship and the bank's failure to follow directions.

[AndyPoole]

Hi guys

 

Im about to apply for a lift on the blanket stay my local court seems to have put up, waiting for the OFT outcome.

 

Should i still include the OFT case and POC in my whitness statement in light of the recent statements they have made regarding comprimising with the banks etc ?

 

Cheers

 

A

[MartyR]

My case was stayed and I wrote to the District Judge and he has agreed that there will be a hearing on 21st Sept to decide whether or not my case should be heard. Not sure if my bank will send a representative. Now I have all the additional work to prepare for this! Take time off etc.

 

I will argue the points in the application, and that the delay is causing hardship and further charges, contarary to the FSA agreement.

 

Any others got any ideas for how I should persuade the District Judge to let this case go to trial before the test case is heard?

 

I will also ask him to make the bank stop penalising me until the test case, as I have been prevented from making a claim, but the bank has NOT been prevented form charging me!

 

Please give me some arguments. I really cannot afford to wait until the test case is resolved. I am also argung that my case should not be stayed as my business revenues are paid into this bank account, and business accounts are not covered by the Unfair Terms In Consumer Contract Regulations. The main issue to be dealt with in the test case.

 

Thanks

[Michael Browne]

This thread should help (Posts #39 . in particular)

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/109444-hadyanth-lloyds-tsb-court.html

[MartyR]

I went to court today to have my application to have my stay set-aside. The bank sent a barrister. My application was copied from above, and I tried to argue a few extra points.

 

The case was listed for only 5 minutes so the whole affair was rather rushed. Thats and hourly rate of £2880 as my case has cost £240 in court fees so far! The District District Judge quickly told me that all my points had been considered and rejected in a case in the Mercantile Court Carlyle v Clydesdale Bank or similar. I cannot find this case. Does anyone have a link to it please so I can see if all my arguments were indeed rejected in that case? I wish I had known about this case before it was thrown at me in court. No time to read it obviously.

 

I argued that my account is de facto a business account and not covered by UCCTR (the issue to be determined in the test case), although it is a normal account which I pay business revenue into and out of. This is the only argument which the DJ was interested in hearing further argument on, and the hearing to set-aside the stay has been adjourned. But the bank's barrister tried to convince the DJ that I was a vexatious litigant! and I have been put on notice that I could be liable for all costs if I proceed and fail.

 

Any help much needed and appreciated.

[elsinore]

MartyR, did you know that a number of banks (I think it's three so far) have written to the courts requesting that their applications for stays be withdrawn? The reason given is that it has been drawn to their attention that business claims are not covered by the test case and therefore the waiver.

 

Something your judge could do with knowing about.

 

There is some unease and doubt about the banks' motives for doing this, but if you want your claim to proceed, it might well help you.

 

Els

[jansus]

I have asked about the carlisle v clydesdale case (merchantile 29th Aug)as well as it was quoted on an A&L case in writing on an order refusing lifting of a stay on A&L - but still dont know why this case in particular is so important?

 

jan

[Kurt_Hamster]

For anyone considering applying for a removal of stay can I suggest that you read about my experiences (along with the RBS' defence) in http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114983-hamster-application-removal-stay.html

 

 

Though a brief synopsis would be:

1. Judge was reluctant due to no previous experience of others managing to remove this stay.
   
2. Human Rights is not an issue as "reasonable time" can be acceptable up to 7.5 years.
   
3. To remove the stay one must show how your case is sufficiently different from everyone else's
   
4. If going for "financial hardship" then you must demonstrate how it will directly effect you. The response to my submission was "you're refusing to pay the charges anyway so they aren't causing you financial hardship" The fact I was paying interest on the charges and not claiming it fell on deaf ears.
   
5. If going for "health reasons" then you need to show exactly how the stay will have an effect on your health. Stress is not a factor as "well you started the case didn't you?" was the response I got from the judge.
   
6. "There's a bias in the status quo". The bank will argue that the status quo remains the same in that they were able to charge per T&C before the stay so they should be able to charge during the stay.

Basically it seems, at least in my case, that this is such an important case that DJs aren't going to want to stick their heads over the parapet. As such you will need an exceptionally strong case, e.g. terminal illness or somesuch.

[Night Owl]

Such bad luck Kurt Hamster you must be so angry and gutted.

 

Check out caro's new thread in the Bank Templates Library,

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html

 

Night Owl

[Guest donna4473]

I Had A Court Date For The 28th Sept Against The Abbey, They Applied For A Stay Which Was Given, Can I Still Apply For The Stay To Be Lifted Even Though It Is Now November Or Have I Left It To Late? Any One Won Against Abbey In Milton Keynes Court?

date For 28th Sept Against The Abbeyi Had A Cour

[Guest ol34]

I had a court date for Septemberbut it was stayed 2 days before.

 

I am currently off work mid August until current and am now down to statutory sick pay.

 

I have written to Hereford Court asking for a stay removal hoping to sneak (stupid!) around having to fill nout anothewr form and pay more money. The court have asked that I actually do fill out and pay more (!!)

 

My question

1) It would be unlikely that my case would be heard until January, with the OFT case being on the 24 Jan is it worth going ahead when the oft case is so close?

 

2) being on ssp am i some how entitled to not pay the court fee??

 

any help would be fab!

[elsinore]

1) It would be unlikely that my case would be heard until January, with the OFT case being on the 24 Jan is it worth going ahead when the oft case is so close?

 

2) being on ssp am i some how entitled to not pay the court fee??

 

 

Hi ol34.

 

1. Well, don't expect a categorical result from the OFT case in January. It could drag on for months.

 

2. See here for details of exemption/remission from court fees.

 

Also read here to see if you have sufficient grounds for applying for a lift in the stay.

 

Els

[peterlucas]

I got hit with a stay application today. I was going to object but after reading this lot I'm not sure its worth it.

[caro]

Your best chance now of getting the stay rejected would be if you could demonstrate hardship, but it would need to be a strong case. Did you have to pay fees to file your claim with the court or were you exempt from them?