All Welsh Cases - General Stay Pending Test Case In London

[purp72]

This is my first post - I have searched the other threads for "stay" but can't find anything relevant so I apologise if I've missed something!

 

I have already brought a Moneyclaim case against Abbey National and have filed my allocation questionnaire (on 12 July). On 9 August, the District Judge stayed the proceedings generally pending a further order.

 

I phoned the County Court today and was told by the clerk something which may interest other Welsh claimants. Apparently, all bank charges small claims (ie not just Abbey National) from Wales are being directed to the Cardiff County Court and are all being stayed by the district judge until a "test-case" is heard in the High Court in London. Does this tally with the experience of other Welsh claimants in the same position? Does anyone know anything about the "test-case"? I did ask but the clerk could only give me the telephone number of the court in London where it's being dealt with.

 

Thanks

Purp72

[Glenn UK]

Hmm

 

test case in lonodn it would be good to know what this is did they give you any details of dates etc?

 

Glenn

[elsinore]

There is some info on Welsh cases here

 

http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered-2.html

 

You might be better consolidating on that thread.

 

Elsinore

[closey]

Also see Bankfodders Application for Removal of Stay:

 

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

[purp72]

MODS - could you please merge this thread with http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered-2.html

 

Thanks Elsinore and Closey for your advice. I've already looked at Bankfodder's model application for removal of stay - but presumably as the Welsh "test case" is against Barclays Bank, I would need information about Barclays Bank settled cases annexed to it. Where do I get this information? Can I extract it from the "Litigation settled" thread?

 

Thanks for all your help so far.

Purp72

[Guest baznew1]

Hi All

we are returning to UK (Wales) soon

I did start SAR early this year April but didnt file anything.

When we get back I will start the process, Has anyone got any advise as regards doing this.

I'm figuring I should do so just to get registered with the court process etc.

Yhanks

[welly9]

have had my case transferred to cardiff and then stayed by the court.

immediately used bankfodders application to lift stay.

have just had my £35 fee returned by the court because it was the courts decision to order the stay there is no need for a fee. it has now been passed to the district judge.

so pile the pressure on and everybody ask for the stay to be lifted. at least we know its not going to cost any more cash!

[Dusary]

That's good news for folks in Wales - and encouraging to us others, as well!

[smutley]

not such good news, if you take a look at the Cardiff directions hearings *POST HERE* thread, we may have had the fee waivered but seems like all our objections to the stay are now receiving the following order -

 

General form of Judgement or Order Before District Judge Hendicott sitting at Cardiff County Court etc..etc..

 

Upon reading the Claimants submissions to the proposed order of stay it is ordered that the submissions be treated as an applicaiton to remove the stay in the order of 07 August 2007

 

The application be refused.

 

As this has been refused without a hearing either party may apply for the applicant to be reconsidered at an oral hearing. Any such applicaiton shall be on notice and is reserved to HHJ Hickinbottom or DJ Hendicott unless expressly released by either

Also why did cases in Wales all get moved to Cardiff (well before the "test case") to then all be given a blanket stay.... were these two judges more in the know than anyone else ? In my case, I waited over 5 months to get a date for a directions hearing only for it to be stayed whilst other cases were being heard in England.. strange and sinister I think