Has your case been stayed pending a test case

[BankFodder]

Barlcays has stated settling the cases which have been tranferred to the Mercantile Court as test cases.

 

If your cases has been stayed pending a test case then you should contact your court and tell them about this and request that your stay be removed.

[purp72]

For all those whose cases are currently stayed at Cardiff County Court -

 

I have just spoken to the court and have been informed that the circuit judge (His Hon. Judge Hickinbottom)and the head district judge will be meeting later this week to discuss what approach to take with all of the bank charges cases currently stayed (particularly as Williams v Barclays Bank now appears to have been settled - although it's not clear that this information has filtered through to the court yet).

 

The listing's clerk did also indicate that the judges might chose another case as a "test-case" but that everyone who had applied for removal of the stay should hear something by the middle of next week.

[Number6]

For all those whose cases are currently stayed at Cardiff County Court -

 

I have just spoken to the court and have been informed that the circuit judge (His Hon. Judge Hickinbottom)and the head district judge will be meeting later this week to discuss what approach to take with all of the bank charges cases currently stayed (particularly as Williams v Barclays Bank now appears to have been settled - although it's not clear that this information has filtered through to the court yet).

 

The listing's clerk did also indicate that the judges might chose another case as a "test-case" but that everyone who had applied for removal of the stay should hear something by the middle of next week.

 

When will the judges realise the no case will get to court? Do they actually live in the real world and keep up with current events because if they did they would know that the banks always settle out of court.

 

All they do by staying cases is to play into the banks hands.

 

Pete

[purp72]

When will the judges realise the no case will get to court? Do they actually live in the real world and keep up with current events because if they did they would know that the banks always settle out of court

 

While I do agree with you in principle, if you look at it from the court's point of view, they suddenly have all these extra small claims actions landing on their doorstep. Allocating hearings for all of these claims will take up a lot of court time. The time for this in the court's diary still needs to be allocated, irrespective of whether there is settlement before hearing. In fact, I think that the courts do understand that the banks are settling out of court - which is why they are trying to force a "test-case" - because otherwise they are allocating a large proportion of the court's time for hearings which will never take place. If the banks are leaving settlement until the last possible moment, it then means that the allocated court time cannot be filled with other hearings . The courts are simply trying to ensure that there is effective use of the court's time.

 

However, if you are stuck in the middle (like me and many others), this does not help....

[Number6]

While I do agree with you in principle, if you look at it from the court's point of view, they suddenly have all these extra small claims actions landing on their doorstep. Allocating hearings for all of these claims will take up a lot of court time. The time for this in the court's diary still needs to be allocated, irrespective of whether there is settlement before hearing. In fact, I think that the courts do understand that the banks are settling out of court - which is why they are trying to force a "test-case" - because otherwise they are allocating a large proportion of the court's time for hearings which will never take place. If the banks are leaving settlement until the last possible moment, it then means that the allocated court time cannot be filled with other hearings . The courts are simply trying to ensure that there is effective use of the court's time.

 

However, if you are stuck in the middle (like me and many others), this does not help....

 

Slight crossed wires I think. I agree with what you say.

 

My annoyance is caused by the courts not seeing that by attempting to force a test case they are in fact causing more delays in the court system as a whole. The "test cases" are never going to get to court so more and more stayed cases will build up thus clogging the system more.

 

Pete

[purp72]

Sorry I obviously misunderstood you - I agree that, as a result of the approach being taken in Cardiff (and elsewhere) the courts will get clogged up with applications for removals of stays. It's a vicious circle.

[solidstan1]

Thanks, and execellent work PURP.

I am following your thread with massive interest!

 

Thanks for keeping us informed.

 

TOP MAN!

[solidstan1]

Just a Quick Thought!

 

I know its not upto any of us to tell the courts what to do!, BUT

Why cant the courts issue 1 court date (of the same date)to everyone, to have one hearing for the whole lot of us in one go.

This way saving court man hours. The be all and end all!

Either the banks pay us all, or face the big test case.

 

Is anyone in a position to sugguest this to the courts.

OR EVEN, could one person bring on a case on behalf of all of us?

i.e. submit court papers on behalf of BAG?

 

Im sure we would all prefer this, rather than go it alone which would be my nightmare. Although I am prepared for this..:? :? :?

[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 find and send the 'please remove the stay' on the board letter to see if I can get it removed.

 

 

Any thoughts or help gratefuly received.

[Allyxia]

Blinking lora!! Jan 2007, crickey, thats pushing it isnt it!!! Surely the judges are aving a laugh with a date like that? I want my money back before crimbo!!!

[stadium_arcadium]

For all those whose cases are currently stayed at Cardiff County Court -

 

I have just spoken to the court and have been informed that the circuit judge (His Hon. Judge Hickinbottom)and the head district judge will be meeting later this week to discuss what approach to take with all of the bank charges cases currently stayed (particularly as Williams v Barclays Bank now appears to have been settled - although it's not clear that this information has filtered through to the court yet).

 

The listing's clerk did also indicate that the judges might chose another case as a "test-case" but that everyone who had applied for removal of the stay should hear something by the middle of next week.

 

Thanks for your constant updates Purp, very much appreciated! I will ring CC as soon as they open and try to find out whats happening with my case, as I've still not heard anything!

[stadium_arcadium]

Update:

After speaking to Cardiff Court today I have been given information that stayed cases for bank charges will stay in place until the outcome of a hearing on the 17th October in London, against Lloyds.

No doubt they will settle beforehand:-|

[Allyxia]

its a bit of a mess isnt it? the courts keep putting stays on waiting for a test case, but there neve is a test case as the banks keep settleing.

 

Something has got to crack soon!

 

Do you think that maybe the banks are getting together and somewhere in the background are getting their experts bevering away to find a way that they can win in court?

 

I mean surely as this gains momentum and they are going to be paying out more, they are going to find a way to stop it sooner or later.

 

And as for the courts I can appreciate that they thinkthey have to put stays on cases but surely they can reflect at past sitaution and realise what is happening?

[file_wizzard]

its a bit of a mess isnt it? the courts keep putting stays on waiting for a test case, but there neve is a test case as the banks keep settleing.

 

Something has got to crack soon!

 

Do you think that maybe the banks are getting together and somewhere in the background are getting their experts bevering away to find a way that they can win in court?

 

I mean surely as this gains momentum and they are going to be paying out more, they are going to find a way to stop it sooner or later.

 

And as for the courts I can appreciate that they thinkthey have to put stays on cases but surely they can reflect at past sitaution and realise what is happening?

See my posts R.e a CMC at the high court in London on the 18th of October, it will be these cases that are used as any potential precedent, there are indeed various mercantile courts throughout the county, however they will all await the outcome of our cases at the High Court with Judge Mackie QC.

[Allyxia]

yes I following those, but what happens if the banks settle before the 18th?

 

Surely they are not going to go to court are they?

 

Or have a I got the wrong end of the stick as to what this case is all about?

[Andy Ross]

\they won't go to court and the courts will find another 'test case' and stay again! its's a treadmill that plays into the banks hands.

[file_wizzard]

We are currently exploring ways to force disclosure even if an offer of financial settlement is made before the final hearing, however it is important to keep in mind that the CMC on the 18th is the very early stages of any potential full hearing

 

There are also significant risks involved in this strategy and these need to be fully considered and mitigated before I, or indeed anyone else who wished to take that course of action proceeds any further.

[mcuth]

Blinking lora!! Jan 2007, crickey, thats pushing it isnt it!!! Surely the judges are aving a laugh with a date like that? I want my money back before crimbo!!!

 

You think that's bad? I've just got notices that 2 of my cases have been stayed til 1st March 2007 pending test case results! :mad:

 

At the moment though, I haven't a massive amount of time to devote to it as a family emergency's keeping me busy. Hopefully later this week I'll be able to crack on with next actions, updates & posts....

 

Cheers

 

Michael

[file_wizzard]

Just as an update I have received notification from the court this morning that there will be an additional 12 case as well as mine that will be reviewed in the CMC on the 18th of October.

[Allyxia]

So next Monday it is then Guys!!!!!!

 

Will keep peeps out for interest!!!

 

Mccuth hopefully the "magic" test case would have been heard before your case and you'll get a pay out automatically!! Now Im just off to take my unicorn, to check the pot of gold at the end of my rainbow, after Ive fed my flying pigs!!!!

 

I have so many claims that Im pursuing at the moment Ineed a settlement on my Natwest one so I can afford to start the other through the court systems. All of them are on hold at the moment, as my Maternity pay has run out and me skint!!!!

 

Out of the three payouts Ive had the just went on to the cards or into the accounts with ovedrafts doh!! Wont be splashing out just yet

[Empire Strikes Back]

Went to court with Citi Cards today for a full hearing, but the judge decided to put a stay on our claim until 31st January 2007 pending other cases being heard and the Circuit Judge making a decision on how to proceed.

[GaryH]

You think that's bad? I've just got notices that 2 of my cases have been stayed til 1st March 2007 pending test case results! :mad:

 

At the moment though, I haven't a massive amount of time to devote to it as a family emergency's keeping me busy. Hopefully later this week I'll be able to crack on with next actions, updates & posts....

 

Cheers

 

Michael

 

Hi Micheal,

 

I notice you're in Swindon, so it may interest you that I've got a hearing this Thursday at Swindon CC for my application to remove the stay on my Lloyds case. Like yours it was ordered untill 1st March for the same reason. Was yours ordered by district judge Karron, by any chance? Anyway, I'll let you know how it goes.

[mcuth]

Hi Gary

 

I notice you're in Swindon, so it may interest you that I've got a hearing this Thursday at Swindon CC for my application to remove the stay on my Lloyds case. Like yours it was ordered untill 1st March for the same reason. Was yours ordered by district judge Karron, by any chance? Anyway, I'll let you know how it goes.

 

Yeah same judge - I can't afford to submit a "set aside" for the stay at the moment, so I figure I'll wait for whatever test case may or may not be heard

 

It'll be interesting to hear how you get on though!

 

Cheers

 

Michael

[Allyxia]

Anyone know what going to happen in the CMC? not being that familier with this side of courts?

 

Didnt see anything on the other thread either?

[Milo19]

those of uus not in cardiff, what should we do?!