allen V's A&L

[jansus]

Hi janus yes it was verbal, i rang and asked if there was any news of a date and was told that my case along with everyone elses had been stayed due to the test case.

Think im losing the plot cus i cannot find the template letters to appeal against the stay can anyone help????

 

 

Guess what - I got mine in writing yesterday!

 

I am using the official court form and paying the £35 to appeal - only have a couple of days to do it and bundle due in as well - so I will carry on until I get told I can go no further. Then if the stays are lifted in the future I will be at the top of the pile!!!

Or if the judge agrees and court bundle not in by A&L I will win by default. I can but dream:roll:

 

 

Jan

[chubbas dad]

nice dream and it can come true.only takes a & l to miss a deadline, your in and a winner.

[allen0601]

Guess what - I got mine in writing yesterday!

 

I am using the official court form and paying the £35 to appeal - only have a couple of days to do it and bundle due in as well - so I will carry on until I get told I can go no further. Then if the stays are lifted in the future I will be at the top of the pile!!!

Or if the judge agrees and court bundle not in by A&L I will win by default. I can but dream:roll:

 

 

Jan

 

Hi Jan Sorry to hear that you got stayed i thought that people who were that far down the line were ok but i guess not! does it say on the letter how to appeal or did you just know? I hadnt even got a date so i bet the judge wont even look at mine but i could give it a go:?

Getting to the stage where i feel like throwing the towel in now, this seems to have taken over my life! Im sure plenty of others feel the same.

Let me know how you get on:rolleyes:

Nicky

[MimiJane]

Good luck with everything Jan Hope you get your stay "lifted" eventually.

 

I've actually never read of Wragge submitting any court documents (has anybody?), probably due in the main to the courts asking them to declare why their "charges" are not penalties:rolleyes: Everyone seems to be winning by default or taking any early settlement

 

Mimi x

[jansus]

Hi Jan Sorry to hear that you got stayed i thought that people who were that far down the line were ok but i guess not! does it say on the letter how to appeal or did you just know? I hadnt even got a date so i bet the judge wont even look at mine but i could give it a go:?

Getting to the stage where i feel like throwing the towel in now, this seems to have taken over my life! Im sure plenty of others feel the same.

Let me know how you get on:rolleyes:

Nicky

~~## Stays info and guidance ##~~

 

There is a letter and info on the form to complete

 

jan

[allen0601]

Still not recieved my offical stay from the courts yet, do you think it worth me giving them a call before i send off the form to try and appeal it??

[MimiJane]

I wouldn't appeal until you've received the info. from the courts. No harm in ringing them.

 

Mimi

[allen0601]

I wouldn't appeal until you've received the info. from the courts. No harm in ringing them.

 

Mimi

 

HI Mimi good job i took your advice, ive rang the court this morning as i hadnt recieved any paper work regarding the stay to be told that my case had NOT YET been stayed although it probably will be. Apparentley ive got to wait for it to come back from the judge as he's looking at each case. Funny the snotty man i spoke to before told me that my case along with all the others there had been stayed, guess he had had a lot of calls that day asking the same question!

Does anyone think it would be a good idea or even if i could send some kind of letter to the judge asking him not to stay my case? This is probably my last chance!8)

 

Thanks Nicky

[MimiJane]

Hi there,

 

I found that I got differing answers from the court to any questions ... it depends who you get and how harrassed they are at the time:rolleyes:

 

Personally I would not pre-empt anything by sending a letter just yet ... you don't want to rock the boat with the judge at all and risk putting his nose out of joint!

 

If each case is being looked at separately, I'd hold fire and see what happens IMHO. If your case is then "stayed", you can always apply to have it removed.

 

Mimi

[stripeuk]

I am due in court Monday and have not heard anything about case being stayed so far - is there some sort of deadline by which time the court has to let you know? I have a case against Lloyds and heard that was stayed really quickly.

[MimiJane]

Not as far as I know. I'd just go ahead as normal. A 'phone call to the court wouldn't do any harm though as it's understandable you'll want to be prepared.

 

Mimi

[j.barton1]

How are you getting on Nicky, have you heard anymore from court yet??

 

Jen x

[allen0601]

How are you getting on Nicky, have you heard anymore from court yet??

 

Jen x

 

Hi Jen

Well thought i would leave the court for a week or two and if ive heard nothing then i will give them a call again, God i just dont know what to do for the best, You dont want to keep ringing and bugging them but the not knowing drives you crazy:lol:

How are you doing?

Good luck

Nickyxx

[j.barton1]

Hiya, LOL know what you mean...i tend to ring every 2 weeks. I've just heard that i'm gonna have another case management conference as A&L havent complied with the courts directions. I'm thinking of asking for a strike out though as they've not complied...need to look into it a bit more though.

I'd definatley ring them though, you want to be prepared for monday...fingers crossed for you..

xxxx

[allen0601]

Hi all

Well i was really relaxed this morning, feeling slightly hung over after my birthday celebrations last night but nice and calm then came the post with my offical notice of my case being stayed! I knew it was coming but just kept squeezing my crossed fingers together in hope that the judge would look kindley on me GUESS NOT!!!

Now i know ive seen it some where, on some ones thread the template for an appeal but now ive lost it, could anyone point me in the right direction please

Nicky

[MimiJane]

Hi there,

 

Here you go :-

 

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

 

To be honest, I haven't heard of anyone being successful yet (apart from some folks at Hull court). Must be some more successes soon:rolleyes:

 

Good luck

 

Mimi x

[allen0601]

Hi mimi thanks, should i even bother applying for the stay to be lifted?????

:confused: :confused:

[j.barton1]

I'd apply Nicky but check with your courts if you'll have to pay for it.

 

Jen xx

[jansus]

We are in a lonely little section under "General" if you want to see how we get on before you decide:(

 

I will be seeing the inside of a court next tuesday:eek:

 

Not posting how I will defend or how I feel because of "moles":-D

 

If the stay is at the courts own initiative you may not have to pay a fee.

 

Jan:cool:

[allen0601]

We are in a lonely little section under "General" if you want to see how we get on before you decide:(

 

I will be seeing the inside of a court next tuesday:eek:

 

Not posting how I will defend or how I feel because of "moles":-D

 

If the stay is at the courts own initiative you may not have to pay a fee.

 

Jan:cool:

 

Hi Jan ive been to visit the lonely section and its all very glum:cry: but i may be joining you there soon!:-|

I dont have to pay as its the judges decision to stay the case, but the judge looking at the requests is away for a few weeks so i will have to wait and see.

 

Ive down loaded the n244 form but which draft do i attach to it as there are two????

[jansus]

I have moved- to successes!

 

The Stay - Here is the application grounds for the removal of the stay

 

 

 

I think this is the latest thread with case for removal of stay.

 

I would first advise faxing both Wragges and A&L teling them in no uncertain terms that you are objecting to the stay via the official channels (N244) Make sure you send appeal recorded delivery etc . Read my thread to see what happened to me

 

 

Leave the telephone calls till the last minute - with them its a case of "who blinks first"

 

 

Jan

[allen0601]

WELL DONE !!!!!

Thats great news im sooo pleased for u.

Ive got a copy of that dratf so i will send that with my n244 form, as for the faxes and calls could u let me know your time table on them so i dont mess it all up. U can pm me if u like :o in case of moles!

Thanks again

Nicky xx

[jansus]

By the way - when you decide which one to use - make sure you read it carefully and add or remove anything that does or does not apply to you.

 

E.g if it is also because of hardhship and you are willing to state that in court - then you need to add that.

 

Just try and keep cool (I know what its like trust me I have had plenty of panics) Try to leave negotiations to the last minute - just keep them informed of what you are doing and ask for acknowledgent of any emails etc. And tell A&L if Wragges dont acknowledge your correspondence.

 

Have you really never actually had a court date even though you completed AQ?

 

Do you know how to get a list of the cases where A&L have settled outside court?

 

 

I would even add to the letter A&L are not part of the OFT agreement - dont think it will hurt.

 

Jan:)

[allen0601]

As i have no fax machine would e mail be just as good??

[jansus]

whoops both posted together

 

Jan:D