maggiemay v YB

[steven4064]

I was hoping to talk to caro about this but not been able to. What I was going to suggest was that you had a paragrpah in your letter something like

Hardship

 

All my income comes from benefits and the levying of charges by the Defendant has caused me and my family fiancial difficulties and real hardship (also I believe that the Defendant's charges constsitute assignment of my benfits by the Defendant and to the Defendant contrary to s187 of the Social Security Administration Act 1992 and/or s45 of the Tax Credits Act 2002, and that the contract terms that the defendant relies on to make these charges are void by virtue of the same sections). Staying my claim would add to the hardship I have suffered as a result of the Defendant's actions. The FSA has said that hardship contstitutes a good reason why cases should be allowed to proceed.

inserted, perhaps as the first paragraph.

 

You might not need the letter, but if the judge or defendant's solicitor (if they bother showing up) suggest or request a stay, you can use it to oppose the stay.

 

All the best for tomorrow. Let us know what happens.

[caro]

Looks good to me Steven. Thanks for helping out.

 

Maggie, please don't even think of not going tomorrow. You've come so far it would be a waste of all your time and effort. You know how YB like to drag things out to put people off. Don't fall at the last hurdle without a fight.

[maggiemay48]

Well going to court this morning.Still heard nothing from yb.Let you know what happens later.Its to late for them to settle nowI looks like it has to go to court.

[georgieboy]

Best of luck maggie - thinking of you - go get your money babe.

[maggiemay48]

Best of luck maggie - thinking of you - go get your money babe.

Thanks georgie.Going to set off at 9.05Just t osee if any registered letters come before 9.00.Doubt it thou.Just my luck having to go to court.S----- bricks

[georgieboy]

We are all with you - champagne on ice already...

[maggiemay48]

We are all with you - champagne on ice already...

Going now georgie.Fingers crossed?Speak later.Bye.

[coach1]

Good luck Maggiemay, I hope that you come back with a very bif smile on your face, I am in a similar position, but my case is not until September, and the YB have informed me that they may be asking for a Stay.

Good luck i will be thinking of you.

Coach1

[maggiemay48]

Hi everybody.Well been to court.The barrister for yb was really nice He explained that there would be a stay.As there where 2 stays yesterday.So a stay it is for me For 12mths .A Bit p------D off but what can i do.The barrister said something about appeal.But he recons nothings getting done till when this goes to higher court.ThenThe judge said they will pay all the owe you and interst.

[georgieboy]

So sorry for you maggie - but at least you have survived with your dignity. I think you can appeal I am sure caro will advise you on that should you wish to go down that road. I guess it just means waiting that bit longer. Congratulations anyway for getting there I know it must have been an ordeal for you, so put your feet up now and pour yourself a large something or other - you deserve it.

[steven4064]

Yes well done Maggie, we know how nervous you were but you did it! I'm afraid a lot of cases are getting stayed at the moment so you we will all have to be patient, I guess.

[maggiemay48]

So sorry for you maggie - but at least you have survived with your dignity. I think you can appeal I am sure caro will advise you on that should you wish to go down that road. I guess it just means waiting that bit longer. Congratulations anyway for getting there I know it must have been an ordeal for you, so put your feet up now and pour yourself a large something or other - you deserve it.

 

hi Georgie.I dont think its worth appealling.The way things are at the moment.They are putting stays on all cases.The judge said nothing will be done till the test case.Then if the banks lose i will get the lot plus interest.And what they owe me up to now.Altogether to now its £3000.Which buy january will probably be £4000.nice holiday there for next year.And little car.Just have to wait and see

[hilaryfrances]

sorry you did not get anywhere at court, but....

 

 

I dont think they have a cat in hells chance of wining so.....

 

 

Heres to you holidaying in the Bahamas and driving around in a brand new car

[georgieboy]

Hiya maggie only my opinion but I also doubt appealling would help any, plus it will be another £35. I guess we will just have to wait now. My claim is for £5000 without any interest as I had not added any on as I thought it would be over the small claims limit and I expected it to be sorted out on the 15th. So now I think not adding the interest was a mistake as it could go on for a while - if only we had a crystal ball oh well say lavie as they say. Keep posting anyway. I have just put my copy of the court bundle in the loft. take care babe.

[caro]

Well at least you haven't lost Maggie and there's still hope. If the test case goes as it should, we'll all get our money back. By going to court you made sure that your case will continue.

[maggiemay48]

Well at least you haven't lost Maggie and there's still hope. If the test case goes as it should, we'll all get our money back. By going to court you made sure that your case will continue.

Hello caro Received a letter this morning form court.Her what it says

1.AS THIS MATTER CONCERNS A MATTER WHICH IS THE SUBJECT OF AN ACTION JOINED BETWEEN THE OFFICE OF FAIR TRADING AND VARIOUS BANING CORPORTIONS IN THE HIGHT COURT THE OUTCOME OF WHICH IS LIKELY TO DETERMINATIVE OF THE CAUSE OF THE ACTION HEREIN IT IS ORDERED THAT THIS ACTION TO BE STAYED FOR THE PERIOD OF 12MTHS COMENCING THE DATE OF THIS ORDER.

2.EITHER PARTY HAS PERMISSION TO APPLY BEFORE THE EXPIRY OF THE STAY TO REMOVE THE SAME AND FOR DIRECTIONS AS TO THE DIPOSAL OF THE ACTION.

3.iN DEFAULT OD ANY SUCH APPLICATION BY EITHER PARTY THE ACTION SHALL STAND STUCK OUT WITHOUT FURTHER ORDER ON THE FIRST DAY AFTER THE EXPIRY OF THE STAY.

In this claim,you have brought a claim against a bank on the basis that the terms and conditions under which charges have been impose upon you by the bank are unfair within the meaning of the Unfair Terms and conditions in consumer contracts regulations 1999and/or contitute unenforceable penalties.

On the 25 july 2007 a number of the larger banks entered into an agreement with the office of fair trading and finacial Services Authority under which proccedings would be commencedby 27 july and persue expeditiously in the comercial court court to dertermine on a test cause basis these very issues.Mr david steele has been assigned to handle the litigation and,on the 30 july he issued directions with a tight timetible with a view to the issues being tried in january or feb2008

The commercial court litigation has been desighned t oensure that the issues are delt with expeditiously,Fairly and in an orderly manner.It is likely that the litigation will dertermine the issues in your claim or at lest give consideratable guidance to the court in dealing with it.Therefore an order has been made of the courts own initiative that the case be stayed with imediate effect,Pendding the ourtcome of the comercial court litigation with sufficent time been allowed for any appeals that may be made.

If you consider that,You may apply for the stay to be lifted.Any application should set out why this action should be allowed to proceed now,given the commercial court litigation has been designed to determine the issues which aparently exist between the parties in your case.

You will aslso note,If the the claim is to continue.The burden is on you to apply ffor directions once the stayed has expired.

Acopy of this letter and the accompanysing order are also being sent to the defendant bank.

 

 

Are all the cases same as this ?

thank you maggie