Stays still being ordered by the Courts

[pampam]

Very interesting post.

Has anyone taken a case to the courts in Hull?

If so how did you get on.

Cheers

Pam

[sbb1979]

Would make sense as the reason that most banks give for paying up is that it is costing them too much in legal fees and a visit to court (even to discuss a stay) would cost them more than most of the claims are worth.

 

Is there any pattern to which courts are still ordering stays? Cardiff seems to be a bad one......any others?

[purp72]

Hi Garofski

 

I agree with FunkyJMan that you should apply to the court for removal of the stay (there is a template in the Library) - hopefully that will be enough to nudge your bank/building society into settling. I'm not sure how your stay is worded but if it is just "stayed generally", have a look at my posts of 21 Sept. You might want to add to your application that the order breaches CPR 24(2)(b). I can let you have the wording that I used in my letter to the court (I didn't want to pay the £35 fee - but I know that this is not strictly the correct procedure).

 

The other good news is that the Williams v Barclays case has been settled - although I suspect that the court will not yet be aware of this as the claimant will still be waiting for payment from Barclays before notifying the court. But I would say that, all things being well, the court should be aware of the fact that this case has settled within the next fortnight and there should therefore be no reason for any of the stayed proceedings in Cardiff to remain stayed. However, I suspect that the DJ/circuit judge may then chose another case to be a "test-case".

 

Stay strong.

Purp 72

[lelole]

Hi

 

I have had my case stayed for settlement, and despite having sent a letter requesting some interaction over this, barclays have ignored me. The stay letter says that we either have to reach settlement, request an extension of the stay, or file a completed allocation questionnaire at the court by Friday.

 

I am going to go in on Friday to do this.

Couple of questions tho - it says that both parties must file a new AQ, but what happens if Barclays don't?

Also I have sent this letter to them, and therefore fulfilled my side of the stay...will the judge look negatively upon the bank for ignoring my attempts?

 

Thanks

Lelole

[Mrgreengenes]

Couple of questions tho - it says that both parties must file a new AQ,

 

My Standard order for stay for settlement doesn't state that a new AQ should be filed. I have checked with the Court clerk and was informed the AQ already submitted will be enough.

 

Remember that all the information the judge will need to allocate a date is already on the first AQ. Are we expected to pay £100 for another AQ? I hope not.

 

By the way, Barclays are ignoring me too.

 

 

Don't let the fatherless chillen get ya!

[keren29]

I've had a stay ordered for my first Abbey claim until 31 January 2007 when it will be reviewed by the Judge.

 

"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 the interests of Justice for a consistent approach to be takens and the Designated Civil Judge anticipates trying a batch of such cases early in 2007 as test cases"

 

I guess my second Abbey claim will get the same outcome.......I'll send the 'please remove the stay' letter to see if I can get it removed.

 

Ballbags.........

[lelole]

Oh, maybe this doesn't mean I need to put in a new AQ after all... the exact wording is:

"on or before 06 October 2006, one of the following steps must be taken:"

 

third option: "all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should eb attached to the completed questionnaire. The list must be agreed with all parties and must indicate that it has been agreed."

 

I took this to mean that a new one has to be filed, guess I'd best give them a call tomorrow and see what the situation is!

 

Lelole

[angry cat]

Keren29

Read the following link-

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

and lelole-

Just Go Ahead and file you AQ

Love & Good Luck from-

Angry Cat

[elsinore]

I recently entered a claim against LTSB and coughed up the requisite £120 court fee.

 

In the event that my claim is stayed I would, of course, apply for the stay to be removed, using Bankfodder’s excellent template.

 

But I think that I might add a paragraph to the request, drawing the judge’s attention to this unfairness of my being out of pocket to the tune of £120 indefinitely. It was difficult enough to find the money in the first place, but to have only a distant prospect of its return is unreasonable. Anything which adds to the persuasiveness of the request is worth considering.

 

Should a stay be confirmed can interest be added to the fee element of the claim? If so, who pays, the court or the defendant?

 

My next LTSB claim will cost me £250!:o

 

Elsinore

[nikki300]

Just found this thread- I've received Stay notification from Gloucester CC will respond using the N224 form and also write letter from library trying to push communications with numpty & numpty sol's.

 

Will keep informed

 

Nix

[garofski]

Hi All

 

Just a quick note. I have been on hoilday for a two weeks and haven't heard anything from any one. I called the court today (in Cardiff) and was advised that the stay's were ordered due to 24 test cases. She then said that "all but one has settle or going to settle". The one which is not is waiting for information from the Office of Fair Trading. I asked if this was a trend in the courts eye's which she advised that it was. She then told me that all the stay's are being removed which will hopefully give the banks a little nudge to settle. If they don't she did say hopefully i will be in court before christmas. I asked if i need to do anything else and she said no.

 

I think this is good news as the judge's are now see what the banks are doing.

 

Cheers all and thanks for the advice.

 

Gareth

[GaryH]

My case was stayed untill March 1st next year. I applied straight away to get it lifted and at an application hearing yesterday was successful. I'll now get directions and a court date for December. Basically, I would urge anyone else who's case is stayed to apply to get it lifted - chances are you will be succesful, and the judge was well aware and very sympathetic to the fact that the banks abusing the system.

[JonCris]

My case was stayed untill March 1st next year. I applied straight away to get it lifted and at an application hearing yesterday was successful. I'll now get directions and a court date for December. Basically, I would urge anyone else who's case is stayed to apply to get it lifted - chances are you will be succesful, and the judge was well aware and very sympathetic to the fact that the banks abusing the system.

 

I think it would help if we knew which courts are lifting stays.

[Mrgreengenes]

If the judges are sympathetic to the way the banks are abusing the system, why are they applying these stays. This only helps the banks' delaying tactics.

 

The quickest way for the claimants (us) to get their money would surely be to set a court date at the earliest opportunity. The judges should have realised by now that the banks will settle just before the hearing.

 

The small claims court procedure was designed to speed up the process for small claims to be settled early. Why are judges slowing the process down?

 

 

Don't let the fatherless chillen get ya!

[JonCris]

I think from the number of stays being lifted that it is finally getting through to the courts that the banks have no intention of defending.

 

I also suspect as has been seen recently some are going to court in an attempt to have some cases or part struck out on a technicality as they don't want the courts to think they will not defend.

[David JOhnson]

I'm fighting my corner at Salford County Court.

 

Johnson vs Lloyds TSB.

 

Received AQ from SCM on 10/11/06.

- Lloyds applied for a one month stay which was granted.

 

Sent letter to SCM & court on 20/11/06 saying I was suprised they had requested a one month postponment.......etc etc.....all the way thru they have given no indication that they wish to settle other than litigation.

 

Court order from Salford CC on 28th Nov.

 

1) the action is stayed until Wednesday, 10th January 2007, during which period the parties shall try to settle the matter or narrow the issues.

 

2) By 4pm on Wednesday, 10th January 2007 the Claimant shall notify the court in writing of the outcome of negotiations (without disclosing any matters which remain subject to "without prejudice" terms) and what, if any, further directions are sought. Failure to comply with this direction or to engage properly in negotiations may result in the application of sanctions. If settlement has been reached, the parties shall lodge a consent order signed by all of them.

 

3) Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing..bla bla bla N244 with fee etc etc.

 

So.....I guess my question is....should I attempt writing to SMC and asking if they're prepared to settle my claim [of which we know the outcome already] or apply for the stay to be removed?

 

Many thanks in advance.....I'm quite stuck at this point and need some good advice!

[elsinore]

I suppose the answer largely depends on the value of your claim and your need of the money. Is it worth spending more money on an application for setaside? It's not reclaimable, although there are instances of claimants having it refunded by defendants.

 

No doubt you are indignant that SCM should have even sought a stay, let alone be granted it. If you decide to apply for a setaside you can point out that since the date of your prelim letter LTSB have refused all attempts by you to negotiate a settlement.

 

Whatever you decide you can certainly write to SCM inviting negotiations, Make sure you send a copy of that letter to the Court.

 

Elsinore

[GaryH]

I don't know whether applying for a set-aside would be all that beneficial at all to be honest. By the time your application is processed the stay will almost be up anyway. Plus, the judge has specifically ordered that meaningful negotiations take place with a view to a settlement.

 

Judging by the pattern of cases settled lately I'd be surprised if they did'nt offer you a settlement within the period your claim is stayed as I just don't think they'd want to show their obstructive attitude directly to the judge by ignoring his order. They know they're going to settle anyway, so from their point of view its not beneficial to drag it out further.

 

In the event you did get the stay lifted you'd then get allocated a court date probably in March and then they'd be under alot less pressure to settle early than they are now. If I were you I'd start negotiations referring to the judges order in your correspondance, include a copy of it if you like.

 

A perfect letter for this would be this one - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/3122-nationwide-first-lloyds-last-3.html#post214506

Send it by both fax and post and if you like follow it up with a phone call asking if they intend to comply with the judges order. I'd send a letter every week, each time making clear on the bottom that you are also copying the court.

 

This post should be useful too - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/10661-number6-lloyds-tsb-5.html#post315542

[David JOhnson]

Good call.

 

The stay is only a month away anyway and if I show willing, come January if Lloyds don't settle, the Court can let rip.

 

Nice letter that! If I need to produce the cases against Lloyds that have been settled out of court, is that do-able?

 

Many thanks,

 

David.

[David JOhnson]

Guess what? No reply from SCM. Another letter on it's way on Monday. Got recorded delivery too so they can't dispute not getting it!

[David JOhnson]

Hey Hey Hey!

 

Guess what? Suprise suprise!

 

One day before the deadline from the court....i got a letter.

 

We still think we're right but it would cost us more to goto court. Sign this letter and we'll say no more about it!

 

WIN WIN WIN!!!!

 

I'll post the req etc after I get my money

 

p.s. anyone else feel like they're not getting anywhere.....keep going!

[Guest The Terminator]

Hey Hey Hey!

 

Guess what? Suprise suprise!

 

One day before the deadline from the court....i got a letter.

 

We still think we're right but it would cost us more to goto court. Sign this letter and we'll say no more about it!

 

WIN WIN WIN!!!!

 

I'll post the req etc after I get my money

 

p.s. anyone else feel like they're not getting anywhere.....keep going!

 

Well done.It's amazing they back down when within 24 hours they have to explain their actions to a judge.

[JonCris]

Hi david. Don't want to be a wet blanket but have you checked with the court that they have notified the court of their intention to settle.

 

If they haven't it's essential you still attend court. After all if it's their intention to settle then an order from the court will simply backup their position

[David JOhnson]

I'll be notifying the court this week.

 

It was only the stay period which had expired, a date hadn't yet been set for court.

[JonCris]

David I understand that but my advice about their intention to settle still applies