OFT case over, hows YOUR court dealing with claims

[dw190]

This is all good stuff. I have been involved in county courts for 30 years on and off, I do not know how the Banks can ask the courts to strike the cases out..........

 

They can't.

 

Each case was stayed pending the outcome of the decision of the High Court. That decision has now been made so all the cases are back on track and should continue their course. The Banks will have to defend each case or lose by default if they don't follow the procedure.

 

If they defend they will be able to refer to the decision in support of their defence. Its still not cut and dry for them.

[rudy691]

subbing, good read

[rippedoff15]

Well just got back from the High Court Baliffs office, they have confirmed that they will be arranging with the court all the paperwork and early next week visiting the Halifax to issue the warrant. Every must be aware some courts may let you file 2 warrants of execution if your claim is over £5k DON`T you must go via the high court baliff.

 

we should get a reply next week and hopyfully after the baliff has called we get our funds back, they could file for a stay but so far they have fled nothing at all nor replied to the courts requests for defence so if they for a stay now the court may look at it and refuse as they have been messing around for months.

 

lets hope the baliff works

 

cheers

[noomill060]

ripped off - did you read this post from bankfodder?

 

(bankfodder is the founder of CAG)

 

I wish you well and hope you arent in this over your head.

 

 

 

Hi,

can we talk to you about this. Given how little time there is I am sending a link to this thread to some press contacts. If they are interested they would probably like to meet you for more info. Would it interest you?

Please will you email me on:-

 

admin(at)consumeractiongroup.co.uk

 

Do not get High Court enforcers in. It anything went wrong and they were unable to get the money, they would look to you for their costs which could easliy be £2K

Edited November 30, 2009 by noomill060

[renegotiation]

Did you get this?

 

Looks like he didn't. Hopefully he'll be ok!

[noomill060]

Fingers crossed!

 

Go get em, but it would be a VERY good idea to email bankfodder about this.

[rickyd]

I will look into it but i did not know about the £5000.00 limit. Could try an attachment of earnings. If you have a judgement they have to pay.There credit file will show a CCJ on it..well done.

 

do banks have credit files?

[Seminole]

do banks have credit files?

 

Not in the same way as individuals but the register of county court judgements is public information. Back in 2006 I prepared a schedule setting out all of the ccjs by bank. This was before any significant bank charges claims were made but it was surprising how many they had and how many were not satisfied.

[ncf355]

Yes,

 

ask Dubai

[rickyd]

Not in the same way as individuals but the register of county court judgements is public information. Back in 2006 I prepared a schedule setting out all of the ccjs by bank. This was before any significant bank charges claims were made but it was surprising how many they had and how many were not satisfied.

 

I'm intrigued, what does this mean in practice?

 

I can't imagine they'll have the same effect on them as they do on us getting credit cards, loans or mortgages.

 

On this basis is there any point in getting them CCJ'd? What does it achieve except to prove what b*st*rds we already know them to be?

[Seminole]

I'm intrigued, what does this mean in practice?

 

I can't imagine they'll have the same effect on them as they do on us getting credit cards, loans or mortgages.

 

On this basis is there any point in getting them CCJ'd? What does it achieve except to prove what b*st*rds we already know them to be?

 

No it's not quite the same for them. Always remember that the county court is actually a means of arbitrating a dispute. It is only in the relatively recent past that a CCJ has been taken to mean that a person or company is a poor credit risk.

 

It is pretty extraordinary that if you end up in a dispute with a big company over, say, their poor service and you end up with a CCJ against you, it affects your ability to get a loan or other credit.

[rippedoff15]

Hi, after a meeting with the high court enforcement company in liverpool, they confirmed that their costs are added to the debt and they will visit the halifax asap, with regard to costs if they can not get the judgement settled they charge around £69.00 only ???? we have asked for the cost etc etc in writing, however as the judgement is over £5k we have to use them as the halifax are refusing to talk.

 

cheers

[peterlucas]

I wonder if the government would be put off lending to it if a bank had lots of CCJs.

[Sammythebest]

I wonder if the government would be put off lending to it if a bank had lots of CCJs.

 

 

The goverments are going to have a lot of CCJ's soon. The country is bankcrupt !

 

No the banks have a high risk rating at present which would mean that firms wouldn't get credit and nor would you and I, but it doesn't apply to the banks. They do not have to worry about the same things others do when running their business which should help them sleep at night.

[ICY]

Has anyone heard from their local court, as to what there current intentions are.

[bornrich]

Hi ICY,

 

I wrote to Kingston-upon-Thames County Court on the day of the announcement (25th November) asking if my case could now proceed but have not received a reply yet.

 

Not a bad thing as I may need to amend my POC.

 

Still waiting.

 

Bornrich.

[renegotiation]

Has anyone heard from their local court, as to what there current intentions are.

 

Worthing County Court said they were proceeding on a case by case basis and would say no more. Chichester County Court didn't bother answering the phone, despite several calls over a 30 minute period in the late afternoon. I'll try again tomorrow.

[bornrich]

I think the dust has settled now... or perhaps the banks are hoping we'll just go away like the typical British we all are.

 

"Oh well, at least we tried", "don't want to rock the boat", "I know my place"

 

etc. etc.

 

Has anyone had anything back from the courts yet? I'm raring to get going and can't wait to test the weakness in the wall.

 

Bornrich.

[Docman]

I can understand the desire to finish the job and get stays lifted. However, I believe CAG and others have instructed a QC to look at the best way of amending claims etc. Given this saga has been running for around 3 years now, isn't it better to hang on for a couple of more weeks before taking action.

[bornrich]

Just phoned – my case was handed to the judge at Kingston-upon-Thames County court on the 1st December.

 

I must get used to the pace of the legal process in the UK. We get a speeded up version on TV with Judge Stead bombing around in his Porsche convertible, plucking new evidence from the crime scene and scuttling back, with just enough time to robe up just before another exciting court session (or a fumble in chambers).

 

He waits...(pint of Guinness in hand)... and waits.

 

Bornrich

[srfrench]

I to phoned my court, Leeds Mercantile Courts, to find that my claim isn't being struck out but will be in front of Judge to be re-listed for a hearing on the 25th / 26th January 2010......yipppeeeeee

[landy_alert]

Hi everyone:)

 

I heard from my local court today regarding my claim against LTSB (my AQ was only filed the day before the Supreme Court judgment was handed down, so I'm behind most people!).

 

This is what my court said -

 

'General Form of Judgment or Order

 

Before District Judge **** sitting at Colchester County Court

 

Upon the Supreme Court having recently overturned the decisions of the High Court and the Court of Appeal referred to in the Particulars of Claim

 

IT IS ORDERED THAT

 

1. The claim be stayed generally

 

2. The parties do endeavour to settle the case by agreement

 

3. If no application to lift the stay is made by 4.00pm on 26th February 2010, the claim be thereafter and without further order Struck Out

 

4. Take notice that pursuant to Part 3.3 (5) and (6) of the Civil Procedure Rules a party affected by this Order may apply to have it set aside, varied or stayed; such application to be made within seven days after the date on which it is served on the party making the application.

 

Dated 03 December 2009.'

 

Now, I've never had to do this before so am a little confused and in need of guidance please!

 

I understand that I can apply to lift the stay but it has to be before 4pm on 26th Feb 2010 or my claim will be struck out. Obviously I will await the site team's advice re: amending POCs as per the barristers instructed by CAG/MSE etc.

 

However I am unsure what the last paragraph means - could anyone explain this for me please and if I need to do anything further at this stage?

 

Many thanks,

 

Landy x

[peterlucas]

The meaning of the last paragraph is that because the motion was made without a hearing, you can submit reasons why the order should be changed or set aside. To be honest, if you make some attempt to reach agreement (even a token effort) then move to set the stay aside, the judge is more likely to see that you have made a good faith effort to settle the matter and that will put you in a better position.

[bornrich]

I suppose this is a bit like having to show your hand in Poker.

 

As long as your argument is clear and that after you present your case to LTSB they refuse to your terms then it will go before the judge, hopefully with a positive outcome for you Landy.

 

This can only be good news surely. Does it not mean that LTSB has failed to get the claims on hold struck out en masse. Or perhaps it has taken heed of the backlash it got for moving too quickly after the supreme court judgement in saying it would get the cases struck out and has decided to back off.

 

Bornrich.

[landy_alert]

Hi Peterlucas and Bornrich:)

 

Thank you very much - I think I understand now.......so I should be thinking about approaching LTSB with a view to coming to an agreement, then asking for the stay to be set aside?

 

What about the fact that the Order says 'such application to be made within seven days after the date on which it is served on the party making the application.' Does this mean I don't have much time in which to do this? Many apologies guys I'm a little confused by the way this is worded!

 

Regards,

 

Landy x