NIGEL 1804 back for the rest.

[nigel1804]

Hi everyone. while the bank is currently in the mire,could someone send them letters asking why and that any payments they have missed should be paid asap and we are charging you for missing that payment and .....etc .....etc.......Now that you are in a position that a lot of your customers have been in due to your heavy handed and damn right disregard for that persons situation. ie. your charging policy. WELCOME TO OUR PLEASURE DOME>>>>> Please pay up any charges refunds before you go bust...Oh and lets all see if the Lloyds would like to rescue everyone elses backsides aswell....sorry for being synical everyone.

 

regards nigel:lol:

[nigel1804]

Hi again everyone,sorry tosound thickbut after reading the judgement with the oft case by bankfodder can someone please tell me in laymans terms what the latest stage is please should I still N1 my latest claim

 

hope everyone is healthy and wel

 

regards

 

nigel

[nigel1804]

Hi everyone just had a letter from my courts "General Form of Judgement or Order"

 

Which reads.

 

Before DISTRICT JUDGE BEDFORD sitting at Leeds County Court,

 

Upon considering the papers on the court file.

 

This order was made of the District Judge's own initiative. If you object to the order you must make an application to have it set aside,varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT.

 

1. The claim stand out under the Order of 25 September 2007 , no request having been filed under paragraph 2.

 

Dated 28 November 2008.

 

sorry to sound thick but what is this asking me to do or what are they saying is happeneing.

 

regards Nigel

[nigel1804]

Hi everyone has there been any further movement in the case with the OFT. This does seem to be dragging on .

 

Regards

 

Nigel

[nigel1804]

Hi everyone just heard that we won the first case and now it is going to be dragged on for a further 6 months. Can anyone give advice to how you claim for hardship.?

 

Regards

 

Nigel

[nigel1804]

Hi again, right so I've read up on the lifting of the stay of actions. Can this be asked for at any time on a case or does it have to be done within seven days of the stay being made.

 

I'm self employed and I am only receiving my family tax and working tax credits as I've been off for six months with an injury. I have all my doctors certificates from June and my parents have been helping me through. Can somebody show what form to fill in is it the N244 form and I take it I send it to the banks solicitors with my case number.

 

Regards

 

Nigel.

[nigel1804]

Could someone please tell me if I would use this letter as a request to stop the stay of action .

I wish to use the fact that it would be under hardship (please see proceeding replies) so do I have to use all 8 points or just the one about hardship and the otherpoints in black only.

Claim no xxxxxx

 

 

In the (insert place)County

 

 

 

XXXXX(your name)

Claimant

 

 

 

and

 

 

XXXXXXXX Bank plc

 

 

Defendant

 

 

 

 

 

SKELETON ARGUMENT FOR THE CLAIMANT(Litigant in person)

 

In the proceedings on xx/xx/xxxx at x.xx am/pm relating to the Defendant’s application to impose a stay/or the Claimant’s application to lift a stay

 

 

 

 

 

 

The Claimant will rely on the following submissions:

 

1. Human Rights- To impose a stay in the present proceedings would infringe my rights conferred by Art 6 of the European Convention of Human Rights, to receive a fair hearing within a reasonable time.

 

 

2. Blanket stays – The imposition of blanket stays runs contrary to the wishes of the Master of the Rolls and my right to have my case decided on its merits.

 

3. Distinguishing factors - (add any distinguishing factors here ie things which make your case different to that of OFT eg if your bank has defended purely on the basis of penalty rather than UTCCR also if yours is a credit card, mortgage or business claim

 

4. Hardship – give a brief outline of why you will suffer hardship if your case is stayed

 

5. Balance of convenience – A stay will disproportionately affect myself and operate oppressively whereas it will relieve the defendant of all obligations towards me until the outcome of the test case

 

6. Defendant’s conduct -Give brief details of your banks litigation conduct in your own case and in other cases eg if they drag things out and settle at last minute

 

7. Status quo - A stay would not maintain the status quo but would favour the defendant by allowing them to continue to apply charges to my account without allowing myself to pursue a legitimate claim to a remedy

 

8. Conditional order -Should the court be minded to order a stay it is respectfully requested that conditions should attach to the order so as not to prejudice the claimants position. Such an order should include

 

a). That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter.

b).That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.

c). That the defendant is prevented from closing my account.

 

d).That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.

 

e).That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 )

 

f). That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)

 

g). That these injunctions remain in place until the settlement of my claim.

 

h).That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent.

 

i).That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent

 

Signed

 

dated

[nigel1804]

Hi is there any MODs that could possibly help me in this matter.I have won sveral other cases against the Halifax so would I put these into my letter like in the above part 6 position.Hope everone hasn't disappeared. Also couls anyone advice me.A while ago I sent in my prelim letter and my LBA letter but held back on my court N1 to which lots of charges have been added since should I start the process again or should I just send in my N1 now Is there a time span from LBA to N1 after the 14 days have passed as to which you should re shedule the claim.

 

Regards

 

Nigel

[caro]

I think you should just concentrate on the issue of hardship, as that has been the most successful method of getting payments back. In fact I believe Halifax have been pretty good on this issue.

 

You could use this letter. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/154154-hardship-stayed-claims.html#post1640904

[nigel1804]

OH great .Many thanks Caro.

[nigel1804]

Hi again .Do I send the hardship letter to the courts so they then process it on to HBOS. And has anyone asked for the stay to be ignored when pitting in a new claim. I have a new claim and would like the stay to be lifted on the grounds of hardship. So do I have to wait until the stay is put on before I can ask for it to be lifted.So could I ask for a stay not to be placed on the claim show hardship grounds straight away.

 

Help:?

 

Regards

Nigel

[caro]

I suggest that you submit an N244 to apply for the stay to be lifted, and also amend your claim to take into account new charges.

 

Do you know if you might be exempt from paying court fees?

[nigel1804]

Hi Caro, I don't think so. The last time I looked into this they had changed the qualifying. My first cases they allowed me to claim on the grounds that I was climing tax credits and working tax credits. When I last looked I think If you had both credits then you were excempt from the waiver of court fees. I'm not bothered about the court fee as my parents will lend me that (I can give them it back when they pay out;)).Its just at the moment I'm on the sick self employed and only my tax credits coming in.I don't think I can claim statutary sick pay because I only pay class 2 NI. Unless you know any other.

 

Regards

 

Nigel

P.S. sorry for the delay but thanks for your help.

[caro]

The reason that I asked if you are exempt is because it may add leverage to you being considered a hardship case. If the court consider you too hard up to pay court fees, they'd be hard pressed to argue that you CAN afford bank charges.

 

Still, if you let the court have a breakdown of your income and expenditure it will show your problems.

[nigel1804]

Yes I thought that was your train of thought. It used to be that both tax credits were allowed but anyway it seems not nowadays. I believe there is a hardship template spreadsheet in the templates library. Should I wait for my new claim to be stayed or should I ask that it not be stayed when putthing the claim into court with hardship letter and hardship spread sheet.

 

You see I have already got one claim going through the stayed stage and now I want to put a further claim in from the same account.

 

Regards

 

Nigel

Edited February 3, 2009 by nigel1804

[nigel1804]

Hi again everyone COULDF SOMEONE PLEASE HELP? just noticed that on a

GENERAL FORM OF JUDGEMENT ORDER it says the following.

 

IT IS ORDERED THAT.

 

1. tHIS ACTION BE STAYED PENDING THE FINAL DECISION(BEING JUDGEMENT IN THE ACTION OR THE FINAL APPELLATE COURT, WHICHEVER IS THE LATER) IN THE TEST CASE BETWEEN THE OFFICE OF FAIR TRADING V NATIONAL WESTMINSTER BANK PLC AND OTHERS (THE TEST CASE ) OR FURTHER ORDER OF THE COURT.

 

"DO I HAVE TO DO ANYTHING ABOUT THE NEXT PARAGRAPH.?"

 

2. IF NO PARTY SHALL FILE AT COURT OFFICE BY 4.00PM ON THE 4 MARCH 2008 A WRITTEN REQUEST FOR DIRECTIONS AND /OR A HEARING DATE THE CLAIM SHALL BE STRUCK OUT WITHOUT FURTHER ORDER ON THAT DATE.

 

CAN ANYONE TELL ME IF MY CLAIM HAS BEEN THROWN OUT OR IS IT STILL IN PLACE DUE TO THE STAY OF ACTIONS STILL BEEN IN PLACE THIS HAS BEEN IN SINCE 5 SEPT 2007.

 

AND IF IT HAS BEEN THROWN OUT SHOULD I JUST MAKE A FRESH CLAIM FOR MY LATEST CHARGES AND ADD THIS PERIOD ON TO IT ......PLEASE HELP REGARDS NIGEL

[nigel1804]

:confused:UPDATE!!!!!!!!!!Looks like it has been struck out I believe that I have to fill in a N244 form and ask for it to be reinstated....at £75 fee.regards Nigel:confused:

[caro]

I would say it hasn't been struck out yet from your post above. You need to get directions in by 4th March and request a court date, and there's no mention of a fee.

 

All is far from lost.

[nigel1804]

Hi Caro, thanks for replying. I asked the court if it had been struck out and it had it was the 4th March 2008. But the girl said use a 244 form to ask for reinstatement. I will do this and place my new claim in at the same time although the girl was very helpfull she said ask for the judges guidance on my new claim to see if it could be added to my old claim and then the stay be lifted on the grounds of hardship . Maybe Bankfodder or yourself might be able to point out to people exactly what the General form of judgement or order means so that people of lay knowledge will realise to keep up with the courts. I'm asking for the judge to reinstate on the grounds that it was stayed on the outcome of the case between Office of fair trading v National Westminster bank and others and that the case hasn't been settled yet. Not sure what to put on the 244 form. For instance question 5 what type of heearing does this require to have it reinstated which box do I tick there.? And what about question 10 ????????? Is there a template to help fill in this form ?????? Many thanks for your help. I think it might be simpler to just put new claim in and ask for reinstatement of old. the ask for the stay to be lifted.don't you. regards Nigel

[nigel1804]

Hi everyone. Is it possible to ask for a case not to be stayed. Ie when I put in my N1 form knowing that all other cases in this field are to be stayed on the outcome of the OFT case. Is it possible to ask straighht away or do I have to wait until the N1 form has been deemed served and a case number assigned to the case before I can ask for the stay to be lifted. regards Nigel:-?

[caro]

Make the point in your POC on the N1 that you are experiencing hardship and as such believe it should be exempt, under the waiver, from the stays that are being imposed due to the current test case between the OFT and 8 banks.

 

The idea is to prevent a stay happening at all if possible.

[nigel1804]

Hi Caro many thanks for that. I take it that I put this in the small POC on the actual N1 form not on the 2 page large POC that is in more detail that we have a template for.regards Nigel

[nigel1804]

Hi again everyone. I wonder if someone could run an educated eye over a draft letter I have put together for my new claim not to have a stay of action emposed on it.Any comments much appreciated. regards Nigel

 

Dear Sir/Madam,

Please find attached a detailed summary of my financial standing, as evidence in support of my claim/request, be treated sympathetically and speedily in view of hardship.

I am currently self employed and had a poor financial year 2007-2008.Since the 3rd June 2008 have not been able to work due to injury. I have full doctor’s certificates and have made provisions in the past for such an eventuality with Mortgage protection and loan protection insurances. I am currently struggling on my working tax and family tax credits only and the help of my pensioner parents. I have recently been behind with my mortgage by three months and my council tax is in arrears by two months.

I am currently looking towards Invalidity benefit.

My situation hasn’t been helped by the bank continually charging extortionate amounts from my account.

I am currently experiencing hardship and as such believe it should be exempt, under the waiver of July 2007 and continuation of July 2008 from the stays that are being imposed due to the current test case between the OFT and 8 banks.

 

I look forward to acknowledgment of this, with an undertaking that you will proceed to process it, as per the requirements of the terms agreed within the waiver.

Yours Faithfully

Enc; Financial Statement.

Data protection act 1998.

I give my permission for you to process/use data related to me, in the course of processing my claim to a satisfactory conclusion.

Signed Name

[caro]

Not sure that you need to enclose the DPA, but the letter looks good.

[nigel1804]

Ok Caro Do you mean those words exactly or the whole paragraph about using my information.?

 

Regards nigel