Stays still being ordered by the Courts

[JonCris]

Send the letter you have nowt to lose & everything to gain

[FunkyJMan]

As its on the Judge's own initiative, does that mean the bank aren't liable for the £35 fee to apply for the Stay to be set aside?

[angry cat]

FunkyJMan - The cost of the N244 Application Notice is £65 and not £35 and I think that you have raised a very interesting point! Because I would also like to know as to whether the Bank is liable for the extra cost, in getting a stay put aside? Perhaps a MOD could advise us all. Thanks AC

[FunkyJMan]

Hi AngryCat,

 

The fee is only £65 if you want you application for the stay to be set aside at a hearing, if you want your application to go directly to the judge then the fee is £35 which is what I have done.

 

Would be good to know if we are able to claim the cost back from the bank though, I would hope so as although it was ordered by the Judge, it's the banks fault the claim is in the Court anyway.

 

Jamie

[angry cat]

Hi FunkyJMan- Glad to hear that you have decided to follow the correct legal procedure i.e. N244 Application Notice, rather than taking the gamble of just sending a letter to the judge and Yes, I agree, I would also like to know if one can claim back the extra cost from the bank? Good Luck from AC:)

[stadium_arcadium]

So far all stays issued in Cardiff CC are still in force. I have applied for mine to be lifted, but looks like the judge is really holding out on the test case in London. Grrrrrr!!

[meagain]

When you sent the application, did you ask in the alternate for the interim injunctions as suggested by BankFodder et al.?

[FunkyJMan]

I just recieved a letter from the court today regarding my stay being set aside... I was hoping that would be it and I would get a date for a hearing for my main claim but instead I apparently have to goto court on the 29th Sept for a hearing regarding having my stay set aside It says both the claimant and defendant have to attend.

 

Anyone else had to do similar? I don't have a clue what I have to do now... HELP

[angry cat]

Hi Funkyjman- I heard back fro the court... The District Judge has requested a copy of documents (Annex 2) referred to in Part C of my Application. He will then consider the matter further. Can anyone tell me where on the CAG site that I can find the sample list of the 223 cases with their County Court numbers? This is referred to in BankFodder's template letter Re:Application for Removal of stay. Help Please !!! AC

[FunkyJMan]

Does anybody have anymore info on this or what I should take with me to the court etc? Im a bit worried now as I thought the Judge would just decide himself wether to set the stay aside or keep it in place

 

Please Help...

 

Thanks

Jamie

[stadium_arcadium]

When you sent the application, did you ask in the alternate for the interim injunctions as suggested by BankFodder et al.?

 

Yes, I used the template letter by Bankfodder, and adjusted it to include a list of settled cases in Wales. Apart from that, no other changes were made.

 

It seems anyone with their claim in Cardiff will be playing a waiting game:|

 

Funky J, maybe you should PM a mod for the info you need. Hopefully the hearing date will spur the bank into paying you!

 

AC, I couldn't find a list of cases either (apart from the endless list in the Litigation section, which would have to be typed out manually!) so I used a list of welsh cases that I found in another thread.

[Empire Strikes Back]

Hi

Have just received a stay order this morning re my claim with Egg, it reads as follows:-

Upon reading letters from both Parties

Whereas

1. This case is one of many hundreds being issued all over the country

presumably as a result of the actions of a pressure group and it is in

interests of Justice for a consistent approach to be taken and

2. The Designated Civil Judge anticipates trying a batch of such cases

early in 2007 as test cases.

IT IS ORDERED THAT

1. The hearing on 9 October is vacated.

2. This case is stayed to 31 January 2007 when it will be reviewed by

District Judge ------- and either stayed or directions will be given

3. Any party affected by this Order may apply within 7 days to vary

or set it aside.

 

What is my next step, do I send the letter asking for it to be set aside or do I have to fill in the Court form for this and pay the £35.00. I am thinking of doing the letter route, any advice?

[stadium_arcadium]

I applied last week for my stay to be lifted, and was told by a court clerk that until the test case has been heard it won't make much difference:|

I wasn't given the option 3. Any party affected by this Order may apply within 7 days to vary

or set it aside but decided to try anyway. I have so far not had any written reply from the court.

 

Some members here have written a letter and had it accepted, but I think the general view is to do it properly with the court form.

[CJ&theBOS]

err i thought there was a test case which was settled!!?? so why all these stays?

[GaryH]

Anyone who's case is the subject of a stay, please apply for its removal ASAP.

 

Even if you think it may not do much good, it draws the issues to the courts attention. We need to keep up the pressure on this and it would also help to write to your MP.

[peka]

hello all

 

just a quick update. i received my letter informing me of a stay on my case on 7th august.

 

http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html#post173853

 

i filled out the N244 form and sent it with a cheque for £35 on the 9th august by special delivery. the cheque was cashed on the 16th august.

 

because i had still not heard anything i called the court on the 6th september and was told that they received my form on the 11th august but it did not go to the the judge's office until 22nd august. i asked how long it would be before i get a decision and was told it that it depended on how busy the judge was.

 

it's now well over a month since i sent my form in and i still haven't heard anything.

 

as so many of the procedures laid out for claiming back our money are time sensitive i was wondering if anyone knew of any time limits that the court had to respect in responding to the N244 form?

 

cheers

peka

[purp72]

Hi - can anyone help me with this?

 

My proceedings were "stayed generally pending a further order from the court" by Cardiff County Court on 9 August. I haven't got the order with me to check but I know that there was no time limit set as part of the stay. The clerk at the court has verbally told me that my case is stayed pending resolution of a "test-case" in Cardiff (but I've had nothing in writing).

 

I've just had a look at the Civil Procedure Rules - para 26.4(2)(b) - which allow the court "of it's own initiative, [where it] considers that such a stay would be appropriate" to "direct that the proceedings ... be stayed for one month, or for such specified period as it considers appropriate".

 

My reading of this is that procedurally the stay imposed on my case is invalid because it does not give any time limit at all. Is this something that I can use in my arguments to have the stay lifted?

 

Purp72

[purp72]

My reading of this is that procedurally the stay imposed on my case is invalid because it does not give any time limit at all.

 

Sorry just answering my own question - have now found CPR 3.10 which states that if there has been an error of procedure such as failure to comply with rules, the error does not invalidate any step in the proceedings unless the court orders and the court can make a further order to remedy the error.

 

Am still using it as an argument in my letter to court to get my stay lifted in the hope that it might provoke a reaction - even if it is a new order staying the proceedings but which specifies a period for the stay.

 

Purp72

[angry cat]

Okay Guys, this is news Hot of the Press!

 

Reference my Application Notice Form 244 on which I requested that the Stay be Removed from my Claim against Morgan Stanley Bank.

{quote]

1. "General Form of Judgement or Order

Before District Judge XXXXXXX sitting at XXXCounty Court

upon reading the claimant's application and the file

IT IS ORDERED THAT

The application be listed on notice before a full time District Judge."

2. "Notice of Hearing of Application

The hearing of the claimant's application for Stay To Be Lifted will take place at 14.00 on 8 November 2006 at XXXXCounty Court."

 

Thanks Angry Cat

[GaryH]

Add mine to the growing list of stayed cases. Me -v- LTSB. Stay ordered 19th September. Not really a surprise to be honest. Just one question: I'm going to the court today to apply to get it lifted, but I spoke to the court staff on the phone and have been told the fee is £65. Is this right? I thought it was £35.

[Mrgreengenes]

My case against Barclays has been stayed for settlement. This has now ran out and the case will resume next week. I had written a 3 page letter to the court with a request to remove the stay and the reasons why. Either party can request another stay but it probably will be refused by the District Judge.

 

 

I rang the court for information and was told that the Judge is fully aware of the background to these cases. Our message is getting through!! All I can do now is wait for the court date.

 

 

Don't let the fatherless chillen get ya!

[sbb1979]

Gary,

 

I read in another thread that the £65 fee is if you want to have a hearing so that you can argue for the stay to be removed. It costs £35 if you just want to send in the form.

 

MGG - so glad to hear that the message is getting through to the judges. They've got to stop these banks from making a mockery of the legal system.

[GaryH]

Oh ok, cheers.

[garofski]

Hi All

I received my letter of stay today and have phoned the court in Cardiff regarding it. I ask is the stay relating to the Elliot V Lloyds and she said no it was relating to Williams V Barclays. She also said that all claims for charges from banks have put stay’s on until this has been resolved.

Do I still try and get the stay removed or wait?

 

 

Garofski

[FunkyJMan]

You should apply for the stay to be set asside still, I had a hearing date come through regarding the stay not my initial claim but it was this that prompted Natwest to settle with me, it seems they don't want to go to court over anything even just to do with the removal of a stay.

 

Jamie