Stays still being ordered by the Courts

[Alleycat]

Hi all,

 

Thought I would post here as there seem to be an increasing amount of us with a variety of Banks who are receiving notices from the courts to advise that a stay has been ordered by the judge for several reasons.

 

The first reason being to await the decision of the Elliot v Lloyds TSB case. As I am sure many of you are aware, this case was settled over three weeks ago out of court prior to going to a hearing. It had been transferred from the County Court to the Mercantile Court and was potentially going to be our first 'test case', hence the decision of some judges to await the outcome.

 

The second reason has been to allow both parties to enter into further discussion to try and reach a settlement without having to go to a hearing. A variety of timescales have been given ranging from 4 weeks or so to 6-8 weeks to negotiate.

 

I think it would be useful for us to collate our experiences and the best way to handle the situation here if that is okay as there are lots of individual threads in the different bank forums and so it is getting a little tricky to follow.

 

Now Bankfodder has put together a letter that can be sent to the judge to request that the stay be removed which is here. It *I think* is geared towards if there is a future 'test case' that our cases are being stayed because of, but I would assume it could be modified to take into consideration the current situation regarding the settled Elliot case.

 

Anyway, this is what I have done so far. I don't know if it was the right thing to do, so anyone reading this don't take it as gospel please!!

 

I got a notice from the Courts on Friday:-

 

District Judge Lawton orders that this claim be stayed until 14th September to enable the parties to attempt settlement.

 

It is ordered that this matter be stayed pending the decision in Elliot v Lloyds TSB.

 

I telephoned the court and advised them that the Elliot case had been settled out of court and so could the stay be lifted. I also said that I had already tried on numerous occasions to reach a settlement with no success. I was told to put this in writing to the Courts and they would make a decision in due course. I wrote the letter and hand delivered it yesterday. A copy is here in my thread. I was told that I should hear something within 5 to 10 days. I then telephoned Barclays solicitor and left a message advising him of the stay and could be contact me to discuss a settlement. So far no reply. If I do not hear anything from Keith by the weekend I will send a letter to advise them of the stay and to try and enter into further dialogue to attempt settlement.

 

I also thought it might be useful if we could have a list of those who have had stays ordered and the reasons for this. Also which courts is it that are still ordering them. From what I have seen on here it just seems to be the courts up north that are doing it. Bradford, Sheffield, Doncaster. If you want to add your details to the list either pm me the details or add them to this thread. I can then edit the post to include them. I have put those that I know about from this board on the list as well, though if you don't want to have yours included, let me know and I will take it off.

[Alleycat]

Alleycat v Barclays. Pending Elliot case & to attempt settlement. Bradford CC.

 

Amulrooney v Barclays. Pending Elliot case. Sheffield CC.

 

John v Royal Bank of Scotland. Pending Elliot case. Sheffield CC(?).

 

Rachel2609 v Yorkshire Bank. To attempt settlement. Doncaster CC.

[Alleycat]

Hi Jasper

 

When did you get your notice through from the Courts? Was it after the Elliot case was settled? Also, what are you planning to do/have done?

 

Cheers,

 

Alley

[Alleycat]

Hi Jasper, thanks for replying! Unfortunately for you, I think the judge would not be happy if you reached an agreeable settlement and it was rejected in favour of court! You never know though, yours could be one of the first to get there!

 

Anyway, I had a letter back from the courts today regarding my stay. It basically reads:-

 

"With reference to your letter dated 24th July, which was referred to the District Judge and the following comments were made:

 

We now know that Elliot v Lloyds TSB has settled. The Designated Civil Judge for Bradford His Honour Judge Hawksworth QC is collating information as to other cases on this circuit which can be tied together and establish some uniformity of decision."

 

Sooo, anyone got any thoughts? No mention of staying to allow settlement, though by saying that he is looking into other similar cases he could be looking at how the banks have been manipulating and abusing the courts system.

[Alleycat]

Just a quick q, will respond properly later (dd wants something, not sure what!), does it definately say Ellis v Lloyds and not Elliot??