Lifting a Stay on Bank Charges

[UK26]

Hi, when i issued the claim it was then in my home town (Kings Lynn County Court) i have since moved to Peterborough and wish to get the case transferred to Peterborough County Court then listed for a hearing due to financial hardship

 

Quote:

3. What order are you asking the court to make and why?

An order (a draft of which is attached)

(1) Theses Proceedings be transfered to the Claimants and Defendants place of Business (Peterborough County Court)

(2) The Proceedings be listed for hearing, to be arranged by Peterborough County Court due to financial hardship of the Claimant

(3) The Claimant to serve an updated schedual of charges including interest

 

4. Have you attached a draft of the order you are applying for? YEs

 

8. What level of Judge does your hearing need? District Judge

 

9. Who should be served with this application? The Defendant

 

10.What information will you be relying on, in support of your application?

the evidence set out in the box below

 

The Claimant respectfully requests that the Court make the attached order.

 

The Claimant now lives in Peterborough and the Defendant's place of business is Peterborough therefore the Claimant believes it would be beneficial to both parties that the case be transferred to Peterborough County Court

 

The Claimant is currently on income based Job Seekers Allowance and therefore is having financial hardship and asks the court to respectfully allow the case to be allocated to a hearing in line with the OFT Wavier Conditions for hardship cases.

Quote:

 

 

 

Draft/ORDER

 

UPON READING THE CLAIMANTS APPLICATION

 

 

IT IS ORDERED THAT:

• The Case be transferred to Peterborough County Court
  
• The Case to be heard at Peterborough County Court. A hearing to be arranged by Peterborough County Court.
  
• The Claimant to file and serve an updated Schedule of Charges to both the Court and Defendant by 4pm on 10th May 2009.
  
• Each party shall file and serve a bundle of documents including any legal authorities, which they shall rely upon no later than 7 days before the hearing.
  

Dated 23rd April 2009

[yourbank]

If you have tried to get a stay lifted then unfortunately you have been either misinformed or have made a mistake. The stay will not get removed however, I think the question you ask are based on your actual case transfer more than the stay so I hope other people can advise on that issue specifically.

[UK26]

why wont the court remove a stay under the grounds of hardship?

[yourbank]

There is no legal reason to do so and no case law to back up the view that it could be.

[Michael Browne]

The Claimant is currently on income based Job Seekers Allowance and therefore is having financial hardship and asks the court to respectfully allow the case to be allocated to a hearing in line with the OFT Wavier Conditions for hardship cases.

Do you mean the FSA waiver conditions? If so, there is nothing in the FSA waiver that requires stays to be lifted where there is Financial Hardship.

 

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

 

 

 

Courts will not decide on whether you are in FH. An appeal was lost recently:

http://www.consumeractiongroup.co.uk/forum/general/195358-hardship-decision-not-all.html