stayed cases, have you heard anything yet

[julian01]

they were stupid questions!!

Just read ,properly,what the test case encompasses.

[royboy68]

Hi Julian

Yes the case is about unauthorised overdraft charges and whether the terms are unfair or not. Whichever wat it goes then the same principal would be applied to whatever the charge is for. If the charge is unfair for unouthorised overdrafy yhen it follows its unfair regarding returned payments.

Its only my opinion but i would think that if a judge was in a mind to stay a case, he would take the above into consideration if the bank put it in their request for a stay.

Knowing the way the banks work, they have probably already thought about that and even if they do and the test case is lost by them, then I think they will turn tails and argue that the result only encompases unauthorised overdrafts.

[PeterAnderson]

Bump

 

Just claim as per normal

 

I think the quick way is to look at Wiki

[nicsussex]

It seems to be a common misconception that the test case is solely about Overdraft charges - these of course include all penalty charges under the UTCCR - so not really sure what other charges you think you can claim - without wanting to repeat what has already been said - continue your claim as normal!

[baconbuttyman]

there were some Abbey claims they were set for 17th in the blackpool CC, i have been informed they are automatically stayed as of yesterday, i know there are barclays set for the 24th August, they are Staying those also.

[2makemoremoney]

Hi there,

 

I got a stay against my claim with HSBC on 16th. My court dtae was for the 17th so was quite miffed to get it.

 

I am puttin gin an appeal against it but what good it will do is any bodies business.

 

Jo

[zootscoot]

I am puttin gin an appeal against it but what good it will do is any bodies business.

 

Jo

 

Let us know if it works and we'll all try it

[zootscoot]

Would you like to add your info here Baconbutty:

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if-11.html

[2makemoremoney]

pmsl of course I'll try putting in an appeal as well with the GIN!

 

cant believe I put that! do'h!!!

[abroadgirl]

now i am mad i have been waiting to hear from the court since 21st aug i havent had nothing i also put in a letter and letters for the stay to be thrown out on the grounds that shabby didnt attempt to offer a settlement as ordered by judge by the 17th aug i still havent heard anything nothing to my letters etc

i think it is awful not getting a reply or to tell me they are staying

etc

hugs

roxie

xxxxxxxxxxx

[abroadgirl]

hello all, well i got a letter today weds

blackpool county court has asked for n244 and that a hearing date will be sent

as there is alot

i have put it all in my thread

abroadgirl v abbey

please if anyone can help me please will you take alook at all my letters and my n244 i have filled in

i havent sent it just yet i will be faxing it all later once i know it is all alright and that i have got everything and not missed anything out

ty for all help

hugs

abg

[stonedecroze]

I have a hearing date for 12 Nov to have stay set aside at Blackpool county court. Does anyone else? My claim is against Halifax and I am hoping to prove that they have wasted time in replying to all my correspondence having prior knowledge of "test case" and using this inside information to my detriment.

[2makemoremoney]

Have you had to apy £65 for the application?? They wrote bak to me asking for it, cnt afford to keep dishing out cash, want it coming back to me! Now wondering whether to write in again, what did you put in your letter hun?

 

Jo x

[stonedecroze]

Have you had to apy £65 for the application?? They wrote bak to me asking for it, cnt afford to keep dishing out cash, want it coming back to me! Now wondering whether to write in again, what did you put in your letter hun?

 

Jo x

 

 

Hi Jo,

when I filed application I asked for a hearing, but they only took £30.00 for fee and said that if DJ decided on a hearing then I would not have to pay for it, then when I got notification of hearing date the letter said if I wanted hearing I would have to pay extra £35.00 so it has cost the £65.00 in 2 installments. You cant win with them. They are as bad as the banks for grabbing your money!!

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/85201-stonedecroze-halifax-2-a-32.html#post1106882

 

If you follow this link it will take you to the letter I used. I am trying to prove abuse of process and abuse of privalidged information to have the stay lifted. Just hope it works as I cannot plead hardship.

 

If any of this info is of use to you, feel free to take it.

 

Stone.

[baconbuttyman]

i have 2 of my claims in court, they were filed last year, the were duely stayed, i opted not to apply for them to be lifted expecting the OFT to be sorted by mid 2008. Now it seems this is gonna take another year and the banks will get an extention to the waiver, are the cases that were stayed, automatically put back into the system or do we have to send yet another form to the courts, i am wishing now i had applied for the stays to be lifted , is it too late to do that now.

[Michael Browne]

are the cases that were stayed, automatically put back into the system

Yes

 

or do we have to sent yet another form to the courts,

No

 

i am wishing now i had applied for the stays to be lifted ,

Very very few succeeded, so you would probably have wasted your time

 

is it too late to do that now.

The judge may give guidance on stays at the Case management Conference on May 22nd

[Spiceskull]

...and the waivers granted to banks, and by extension the guidance to courts, is permanently under a three month review...if the banks start bullying their customers the waivers and stays should be lifted...

[choco]

are the cases that were stayed, automatically put back into the system

Yes

 

or do we have to sent yet another form to the courts,

No

 

i am wishing now i had applied for the stays to be lifted ,

Very very few succeeded, so you would probably have wasted your time

 

is it too late to do that now.

The judge may give guidance on stays at the Case management Conference on May 22nd

 

took the words out of my mouth. I wrote to the court with regards to mine as I was going away and it was pointless me changing my plans to go to a hearing that would've not ruled in my favour. I know EXACTLY how you feel, I'm even more p-ed because someone got their money literally a week before me, then they started all this 'staying' rubbish.

[dolphin939]

hi i had a claim for halifax credit card in june 07 before the test case, heard nothin since then got a letter today from the halifax stating they have sent a letter to court to request that my claim remains in place? did this happen to you

[djgordyp]

hi i had a claim for halifax credit card in june 07 before the test case, heard nothin since then got a letter today from the halifax stating they have sent a letter to court to request that my claim remains in place? did this happen to you

As ar as I am aware the OFT test cse does not apply to credit cards. So any claim for unlawful charges should proceed as normal.

[jingles2020]

had a similar thing with Barclays - letter recieved from them on Friday (25 July) says they have applied to the CC where my claim is and asked for the stay to remain in place "to the full and final conclusion (including all appeals) of the test case". I have sent a letter of objection to the CC pointing out the banks agreement with the FSA and their recent 6 month extension.

Do you think Barclays are trying to pull a fast one ?

[djgordyp]

Why are credit card cases being stayed? Has something changed over the last few months?

[noomill060]

Because judges make mistakes as well.

[jingles2020]

no - my mistake, please accept my applogies i thought i was reading barclays bank charges thread not Barclays credit card

 

sorry for any confusion

[baconbuttyman]

could some one let me know the latest in the test case, what was the outcome of the dec 9th hearing