Cardiff directions hearings *POST HERE*

[GaryH]

It seems to me that there are going to be hundreds of very angry claimants around South Wales in the next couple of days. Maybe we should all turn up on the day anyway to show our disgust at our treatment...

Not a good idea. Suggesting things like that will do no good for you or for the campaign.

 

I completely understand your frustration, but I suggest you channel it into doing something positive and which may help the cause - such as using the legal process to object along with lobbying your MP and writing to the OFT. Those are the things that help the cause. An 'angry mob' turning up at the court to show their disgust will most certainly not.

[kalujo123]

whovever shouts the loudest always gets heard

[MrDinkle]

I concur with GaryH on this one. Initially I was very angry and still am, but I am venting in other ways

 

I for one have already written to the OFT and will also write to my orange skinned mp for what good it will do...!

[welshcakes]

I for one have already written to the OFT and will also write to my orange skinned mp for what good it will do...!

 

David Dickinson is your local MP???

[MrDinkle]

Peter Hain, he hath the ready brek glow of dubious (sunbed) origin. Either that or the colour setting is buggered on my TV.

 

Never seen him in person as I think he has forgotten where Neath is

 

oh and another useless fact, his name is an anagram of inept hare

[smutley]

lol mrdinkle... will have to check out who my mp is

[welshcakes]

 

Good grief, he has been tango'd!

 

Well hopefully, this light relief has set an even pace back on this thread. Now stop messing about and get back to business

[MrDinkle]

Yes indeed. Nice pic.

 

Anyhow, I was trying to ascertain whether or not I should resubmit my POC and SOC since I have not really done anything since the allocation questionnaire.

[Guest Botsy]

My claim was scheduled for 14th August against Cap 1 but was settled today plus removal of the default, of course I do realise that credit cards, mortgage fees etc., are not affected by the stays though.

 

My hubby still intends to go ahead with his claim against NatWest and I'll be there for support, but I'm still very angry even though mine is settled. We're not going to help each other if we have angry mobs turning up at different courts! (I'll get of my soapbox now!!)

 

I'v made a contribution to the CAG site and will continue to follow this consumer revolution indefinately, there will always be something to challenge.

 

Botsy.

[Mostyn1704]

OK.. points taken... but this is so unjust... how can they justify deferring your right to claim legal remedy for your "injury" ? Does European court of Human Rights have anything pertinent to say here ? (Genuine question) Gary, I greatly respect your opinion, but "angry mob" is the terminology of the press, not a description of people who have followed the tortuous legal route (with excellent help from you and others here) only to be denied their recourse to the courts at the last minute, IMHO

[GaryH]

Ok, fair enough, I'll re-phrase that then - hundreds (or even tens) of angry claimants turning up at the court to show their disgust will not do any good. Quite the opposite in fact.

 

As I said, I understand and share your frustration but you've got to think of the bigger picture. What will you do when you get there? Shout at the judge? You'd be arrested for contempt of court.

 

You make a good point about human rights - there is an an article of the Human Rights Act which an indeterminate stay may contravene. The right to a fair trial within a reasonable time is protected in article 6. A "reasonable time" is slightly ambiguous though of course, and open to interpretation.

 

Just becouse a stay has been ordered it does not mean your claim ends. You have the right to apply to set-aside the order, which is what you - and everyone else - should do. You will get a hearing for the application if you request one, and that is the place to let off your frustration and convey your concerns - in a way thats controlled, measured and productive.

[Mostyn1704]

Thanks Gary..wise words...after some deep breaths, yoga meditation, and further reading on the Human Rights issue, I can see a way forward...just needed an alternative to sitting passively and waiting ! Thanks

[EleJones]

Gary,

 

You state 'You have the right to apply to set-aside the order, which is what you - and everyone else - should do'.

 

How do we go about doing this?

 

Thank you.

[saintly_1]

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

[claret74]

I have just spoken with someone at Cardiff Court who told me it's not worth applying for the stay to be removed as, and I quote, " you have to prove to the Judge why your case is more deserving than anyone else in the same position." She said she wouldn't waste her £65 if it was her.

 

Is this correct?

 

Thanks for any help,

Clare

[GaryH]

That is absolutely shocking and disgraceful thing for a court clerk to say. Its nothing to do with her. Her opinion is utterly irrelevant, she is merely an office worker with no bearing or special insight into judicial decisions whatsoever. In fact, giving a legal opinion like that is against the rules and you could make a complaint against her if you wanted to.

 

Only the judge will decide whether or not the stay will be lifted. There are excellent grounds on which to apply and you would stand a reasonable chance of success. I would suggest that she is merely attempting to put people off in order to save additional workload.

 

The advice from CAG is to apply, if you can afford to, and if you are comfortable doing so. £65 is the fee if you want a hearing. You can request that the application is dealt with without a hearing for a fee of £35.

[smutley]

.. and please dont forget, if you are in receipt of any type of benefit i.e. working tax credit you can apply to be exempt from any court fees

[claret74]

Thanks for the reply Gary, I too was shocked by her reply.

I have been reading on other posts that other Courts are continuing to hear cases but that Cardiff is staying ALL cases pending the decision of the High Court test case. I don't understand why there is such a discrepany in the handling of these cases.

 

I am also confused as to what to do next as the advice from CAG seems to be to continue until one hits a brick wall but surely this is a brick wall if a Judge has unilaterally decided to not hear any more bank charges cases until the test case is settled. I'm really sorry if I'm missing the point.

 

Thanks for any help.

Clare

[GaryH]

Just becouse a stay has been ordered it does not mean your claim ends. You have the right to apply to set-aside the order, which is what you - and everyone else - should do. You will get a hearing for the application if you request one

When you get the staying order you can apply to set it aside.

 

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

[claret74]

I guess I'm just not very hopeful. To think that there are other people on this thread who have the same court date and who have managed to settle already is great for them but I'm so annoyed I wasn't one of them. All because of a lack of man power (or the man who's dealing with my case at Barclays not working quick enough!) I don't get my money. When I spoke to him in June he said they would be settling my claim but not until the end of July! B****r!

[MrDinkle]

claret, boat = same

 

I assisted my bro in law against natwest, his claim in April, did not even go near court process and they settled in full at the start of June!

 

I began this process in Dec 06 and here I still am. It is very unfair.

[welshcakes]

Hi Clare

 

Following on from what GaryH's reply, the clerk is entirely incorrect when she states

" you have to prove to the Judge why your case is more deserving than anyone else in the same position."

This is nonsense; you do not have to prove merit in comparison with other ongoing claims, your objection to a Stay must be considered on its own merits.

 

Perhaps it's just me, but it seems that some Cardiff court staff are enthusiastically dishing out advice and statements of fact, much of which have no basis.

 

I rang and was told my claim has been Stayed. I pointed out it wasn't a bank charge claim and was ridiculously told that because the Defendant was Barclays and that I had been put in with all the bank charge claims, that it had been Stayed and that I shouldn't bother turning up as my hearing was going to be cancelled.

 

Utter rot, I shall be there with my Schedule of Costs on the day

[smutley]

ditto here.... Tom Hickey went on holiday for 2 weeks and then changed his tune about a settlement... im gutted

[claret74]

Smutley,

My chap, Paul Quinn, won't even have any contact with me. Despite several emails and phonecalls I haven't managed to speak to him since the phonecall in June when he said they would be settling. Miraculously his colleague, Dino was able to reply to my email immediatly.

I think we just got dealt the wrong clerks!

[claret74]

Welshcakes,

I am sure the staff are dealing out misinformation, afterall they are only human, however I would have assumed that they would know better than me what happens next. This claim is the first dealings I have ever had in the Court arena and I have to admit I'm scared. If it wasn't for this site and it's amazing support and knowledge I would never have had the confidence to start this claim. It is now just so disappointing to have got so close to the money only to have the goalposts moved again. Perhaps if I had pestered Paul Quinn at Barclays more, sooner, I would have my money now.