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

[MartyR]

The County Court had given me a hearing date in September so I cancelled my holiday! It then stayed the case and gave me 7 days to apply to set this stay aside. I did so and have just phoned the court to check on progress. The girl in the court office said that my application had never been received and anyway I should have sent another application fee for £65. So I have to resubmit the application (another evening's work!) and that makes £125 court fee plus £100 allocation fee and £65 application fee. The courts are making good money out of this and doing sod all for it! It's a national disgrace.

 

The girl in the court office then said that my case should not have been stayed anyway because a date had already been set, and only new case were supposed to be stayed! But that my slot would now have been filled (the date I have cancelled my holiday for)

 

What a nightmare. I hate banks! and our justice system doesn't seem to be much better!

 

Help!

[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

[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.