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GOT A COURT DATE? Important, please read......


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I got a call from the Clerk of the court today on the judge's instructions following my letter asking for the stay on my case to be lifted. she said that the judge had informed her that I would be liable for all costs for an application for a stay to be lifted should it not be granted. She said that all cases of this kind were being stayed until after the Test case. She did also however say that the Test Case starting in Jan/Feb should last around 6 weeks. Also that if lost the banks were likely to appeal. However, as there are hundreds of thousands of cases pending, the appeal would be fast-tracked for around June and a ruling should be made by September of next year at the latest. She said that the Judge was very keen that everyone knew that it would not take up to 2 years as has been bandied around, but should be less than a year.

Anyway, on that advice I have asked them to ignore my letter for the stay to be lifted and they will keep all my details on file.

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Hi JGJ,

Sorry I haven't been around lately.

 

The clarification from Gary about directions was only what he said in post 423.

 

How are things with your case in Oct? Have you been stayed yet or does it look like going ahead?

 

Regards,

John

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John, All goes well, to date had letter from [email protected] informing that they intend to apply to courts to STAY all bank charges cases, I have wrote to them([email protected]) and the court objecting to such a ruling, Will have to keep our fingers crossed and hope we have a D.J. simpathetic to our cases. Bus. claim have had offer from them so am considering terms which are almost there!!! ;) ;) :D

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Hi there,

 

I am due in Kidderminster small claims court on the 12th September and I am preparing my court bundle which needs to be submitted by the 29th August.

 

I am nearly there although it looks like I may be missing a couple of things:

 

The witness statement refers to:

 

1) 2004 & 2006 Terms of use of debit card - clause 9.2

2) Terms of use of cheque guarantee card - clause 6.5

3) Interfoto vs Stilleto (1988) Case Law

 

Also where the basic bundle/ witness statement refers to case law/ or Legal statute do I need to print the whole lot out?

 

Thanks

 

Jody

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Hi Tina and John. I am so sorry that you have been stuck with a stay on your case. It seems really unfair that the banks seem to be getting most of their own way.

I also can't understand why the OFT have left important consumer groups out of their discussions with the banks. Is there any way that these groups can insist on being involved in the process or is it now just down to the OFT to represent everyone?

I must admit that I would feel more confident if CAG or Martin from moneysaving were fighting in our corner. I can't help feeling that it is all too cosy with OFT.:confused:

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  • 2 weeks later...

i got a letter today from lloyds solicitors asking that i write to them and the court agreeing to the stay they have just applied for,the directions hearing is on weds 5/9 so they have not given me much time have they.any ideas what i should do would be appreciated.

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CHELSEA BOY""" You answer to the court not to any BANKS solicitors, Courts apply stays or directions not solicitors for the financial institutions. YOU arrive at court with all your docs in preparation for the hearing. Do not fall into the trap of thinking the banks solicitors are your friend they are not.Best of luck with your hearing.See ZOOTSCOOTS post (4) Stays info and guidance ;) ;) :D

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http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/111130-new-forum-stays.html

 

there you go all the information you need is on these threads..... and if not sure jsut ask as many questions as you like...........someone will be able to help you and good luck........age:)

rockin all over the world

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before disricct judge w jackson sitting at canterbury county court,upon the courts own motion.the court has made this order of its own initiative without a hearing.bla bla bla. upon it appearing that thi issues in this case are to be considered in litigation currently before the commercial court. order; claim be stayed with immediate effect pending the ultimate determination of the test case in the commercial court. permission to each party to apply to remove the stay bla bla bla. never got my day in court,just feel like am £80 worse off than when i started all this,if only i started a few weeks earlier would of got paid out cos was about to get an offer until that test case thing started. oh well,good luck every1 else

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I had exactly the same issue with the bank seeking a relief from proceedings (stay), however if anyone knows that their bank has not applied and submitted evidence for the stay within the 7-day period after the order of direction was served - then read my thread as yesterday I won against Lloyds in-court even when they plain face took me for a ride.

 

The judge awarded me the judgement based on Lloyds not satisfying the criteria of CPR 3.8 & 3.9 (see my thread for more info)

 

This issue can be used to appeal against the stay even if it's in place (Judge gave me an off-the-cuff hint).

 

Click here for my thread

 

P.S. Could anyone help me out with what I should do next after i've now got the judgement i.e. letters to request payment, contact number to call lloyds and ask for payment etc. I'd appreciate it please :D

 

P.P.S Tried to PM GaryH and the poor guy's mailbox is full :oops:

Obtained Judgement

:D

 

[sIGPIC][/sIGPIC]

 

Quote:

 

Confucius say, Man who walk through airport door sideways going to Bangkok.

 

 

 

__________________

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................... ......................... ....

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 1 month later...
  • 2 weeks later...

Hi everyone

 

My case was heard on 26th October.

 

I have just received my Judgement, the cliam is stayed until further order to await Office of fair trading V's Seven defendant banks.

 

I have also been given the option to lift the stay within 7 days? Is this unusal to get this option and if so should i take it??? Anyone know?:?

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  • 1 month later...

Hello Friends, Need Urgent help..

 

I have got court special directions to submit all documents with in 14 days of order. As I have posted them first class, it was a big bundle, it is missed in the post. I have phone court and court said they havenot received that. I think, it was lost in the post due to chrismas rush..

Please help me what to do ? will court struck me our or can I give any explanation and deliver photocopy of whole bundle to the court..

 

Please help me urgently

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Please help me what to do ? will court struck me our or can I give any explanation and deliver photocopy of whole bundle to the court..

 

The courts are usually quite lenient with individual litigants. Tell them what has happened and I'm sure you will be encouraged to submit a duplicate set of documents.

 

The only problem might be if you are well past the deadline for submission of documents and the case papers are already with the judge. What is your deadline date? Did you send a copy bundle to the defendants?

 

Are you able to take the replacement bundle to the court and hand it in, rather than risk the postal system again?

 

Most importantly though, contact the court immediately.

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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Well, the sooner you inform the court, the sooner you will know if they will accept a late submission of documents. Do you have proof of posting for the original bundle?

 

Be prepared for them telling you that, because your bundle was not received in good time, your claim has been struck out. If that is the case, you will have to apply to have the claim reinstated. Let's hope that, like most courts, they have a backlog and your case has not yet been dealt with.

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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  • 8 months later...

NON-COMPLIANCE OF SAR

 

Following submission of N1 and AQ to my local court, I now have a court date of 27th 0ctober 2008.

I have to submit my court bundle/ all documents im going to be using by the 19 September 2008 and would like a little help on what to include here. I will be submitting the Data Protection Act 1998 and the bank letters stating they will be sending the statements by dates that have now long since past. also all letters and the initial SAR request, is there more i can include??

Any help would be most welcome

Thanks

Ash

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Allocation Hearing, 12th September

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/138974-aterlatus-lloydstsb.html

 

Looking for advice from anyone who's been through an allocation hearing recently and managed to avoid a stay, particularly through hardship claims. Of course any random tips will be greatly appreciated - never been to court before and it's truly terrifying :p

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