Cardiff directions hearings *POST HERE*

[smutley]

Good luck Welshcakes. I just rang cardiff court as I only sent in one copy of the N244 (wondered why I had so many copies left in my file) - the clerk I spoke to was really friendly and said dont worry we will photocopy it and then transferred me to another clerk to find out about the 14th... he was polite and said that a letter would be sent to me regarding the stay

[kashie]

Here, here Claret74, I too was told to ring back at the beginning of June to have my claim settled, but Krysta changed her number and I was unable to contact her.

I share your frustration when so much money is at stake.

[markshark]

Can anyone please explain in simple terms what it actually means if your claim is stayed? Does it mean that the claim is effectively 'on hold' until the high court case result (eventually) and then gets judged on depending on the result of the high court? Or more worryingly is the case more or less dismissed?

 

Also, anyone got any advice if you have an email indicating that they were originally intending to settle prior to court?

 

Thanks.

[saintly_1]

A stay means just that ...... your case is on hold until the outcome of a test case .... Once you actually get official notice of a stay then you can ask that the stay is lifted http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[markshark]

Thanks Saintly.

 

Do you have any advice re: emails received in June indicating that Barclays were originally intending on settling out of court? Can we send a copy of these to the court and ask for them to somehow enforce it?

[saintly_1]

If there has been no specific amount mentioned i dont really see how it can .

 

 

It seems to me that as soon as the banks got together and 'decided' to agree with the OFT test case they then started to ignore emails and phone calls with the intent to wait untill they could issue the 'not settling before court' which they knew was passed the start of the 'waiver' allowed them by the FOS and OFT

 

 

Just my opinion

[MrDinkle]

Has anyone received this notice on their doormat yet? Typical that the postal service is disrupted right now. I am concerned that the longer it takes for us to receive these notices, the less time we have to apply to have the stay set-aside.

[claret74]

Mr Dinkle

I was told when I phoned the court yesterday that the letters were due to go out yesterday. Convenient? Maybe, but maybe they just really are that slow!

I don't think we should panic though, we should still have enough time.

 

Clare

[welshcakes]

For updates on the Royal Mail strike, visit http://www.royalmail.com/portal/rm/content1?catId=1000002&mediaId=51600692

[kashie]

Nothing in the post again today - lets keep our fingers and toes crossed that no news is good news!!

[Andy Williams]

Kashie,

 

I know by experience that Cardiff County Court are chaotic when it comes to post.

 

The most important thing thing that you need to know is that your case has been stayed....even if you don't get the order by the 14th the court officials will just turn you away on the day if you turn up....so you need to make your appeal now.

[GaryH]

The most important thing thing that you need to know is that your case has been stayed....

Not until she's been served with the order, it isn't.

even if you don't get the order by the 14th the court officials will just turn you away on the day if you turn up....so you need to make your appeal now.

You can't apply to set-aside an order which you haven't even received yet.

 

If the court haven't contacted you by the 14th you need to turn up as normal, unless you were writing representations anyway of course.

 

I'm not saying that it won't be stayed - clearly the court are intending to stay them all, but if you haven't received an order yet you need to carry on as normal. You can't just not turn up to court on the basis of what is essentially hearsay.

[Andy Williams]

sorry Gary I understand that you are a moderator but I disagree with your advice....I understand what you are saying but the order has been served it just hasn't been received. I do have a little bit of experience in this field.... Cardiff County court is very chaotic when it comes to delivering mail often orders take weeks before they are received....Ther fact is that the cases have been stayed, which Cardiff Court will confirm if you ring them.

 

The best bet for everyone concerned is to place application for a set aside immediately. This gives the best chance that the 14th could be used as an enblock appeal. If you ring the court they will tell you what the order actually says

[aloofy]

What do you think this will mean for those of us who have had emails offering settlement. I have sent this along with my directions to the court. How will the stay affect us?

 

Mr Dinkle - What part of Neath are you from?

[GaryH]

The best bet for everyone concerned is to place application for a set aside immediately. This gives the best chance that the 14th could be used as an enblock appeal. If you ring the court they will tell you what the order actually says

You're not "appealing" - your applying to set-aside an order. You cannot apply to set-aside an order which you have not received!! Its presumptuous and actually quite ridiculous. The contents of the application will depend on the actual terms - for instance is the stay 3 months, 6 months, indefinate? You won't know until you get it.

 

Each claimant will have a hearing for they're application if they indicate thats how they want their application dealt with.

 

You are allowed 7 days from the date of service to apply to set-aside.

[Andy Williams]

Gary, I really find your posts quite strange.

 

I agree cardiff claimants have to make an application to set aside an order...which is what I'm suggesting.

 

I have merely stated that because Cardiff court (which is the court we are discussing) is so far behind in it's paperwork you shouldn't assume just because you don't receive a written order in the near future that claims haven't been stayed. They have and the court has confirmed this (verbally). Theoretically you are quite right...if you don't receive the order you could turn up at court on the 14th. The court will then say the case has been stayed and won't care that you haven't received the order...trust me this is what will happen.

 

This of course may be a silly argument as everyone hopefully will receive the written order in the next day or so.

 

I am MERELY suggesting that people look to put some pressure on the court who have stayed all claims without written correspondance from the banks by getting 'set aside applications' in now. It is not presumptious or ridiculous. The stay is the same for all 600 claimants. I will ring the court on monday and print the order in its entirety. I was not able to get the full wording on thursday because files were with a different department.

 

Finally just to clarify I know of many people who have received orders telling them to file by 4pm on a certain day at the court...yet they have received these by post after the deadline they were supposed to meet.

 

Please please do not assume that the court is a well oiled machine and do everything you can yourself to be pro-active.

[smutley]

read the above posts with great interest, Ive not received my letter from cardiff yet either - I cant see how we can apply to 'set aside' if we havent got the formal stay letter from the court?

[Andy Williams]

As posted above Smutley...this is not some great crusade I am mounting.

Anyone can ring the court and ask for an update on their individual case.

 

In the case of cardiff county court they will tell you that all cases due on 14th have been stayed.

 

You may receive this confirmation tomorrow or it may take longer. However the sooner people (if they wish) put in application to set aside this stay the more chance we have collectively of achieving it and having a block application heard on the 14th.

 

To answer your question as i have already said all cases have been stayed the fact that you haven't got the piece of paper in front of you yet is irrelevant. Please ring the court on monday to confirm your case proceedings.

[GaryH]

Ok, fair enough. I accept that if you know precisely what order you are going to recieve and you have verbal confirmation from the court that it has been served, then yes, you can file an application.

 

However thats not what you said in your initial post.

The most important thing thing that you need to know is that your case has been stayed....even if you don't get the order by the 14th the court officials will just turn you away on the day if you turn up....so you need to make your appeal now.

From this I was only making the point that you simply cannot just send off an application to set-aside an order if you do not know what you are setting aside. For instance the length of the stay will effect your application. If its an indeterminate stay you can use the Human Rights Act as grounds to object, if it turns out only to be 3 months initially then to use that would not be valid at all, and would actually make you look a bit silly.

 

The order may also have special instructions regarding whether applications to set-aside should be on notice or if they are to be dealt with without a hearing, etc. Also, business claims will not (or at least should not!) be stayed, neither will credit card claims.

 

Apart from anything else, as general advice it is not right at all to suggest that people should pre-empt court orders on the basis of what a stranger tells them on a website.

 

What you find strange about that is completely beyond me, I must admit.

 

Incidently, I certainly do not think that any court is a well oiled machine! Not with the situation as it is at present, anyway. They are all struggling to keep up at the moment, unfortunately.

[GaryH]

Anyone can ring the court and ask for an update on their individual case......

they will tell you that all cases due on 14th have been stayed.

 

Just one more point before I leave this. The amount of misinformation coming out of Cardiff County Court in particular, but others too, recently is quite worrying. See the previous pages of this thread for confirmation of this. The advice from CAG has always been, and always should be IMO, not to take for granted the word of anyone except the judge. The court staff are 99% excellent and mean well, but they are only office staff at the end of the day and have a tendancy to misinform.

 

How long are the stays for, btw?

[Andy Williams]

thanks Gary for your responce...

 

My posts have been limited to threads regarding Cardiff hearings due on the 14th August. If you look at threads over several links you will see that tens if not hundreds of people have rung Cardiff County Court to be informed that all claims due on the 14th have been stayed.

 

On one thread I informed someone who was unaware that all cases have been stayed and that they should appeal. You seem to think this information should not be shared. The main difference between your advice and what I have noted from previous experience is that due to the useless admin at CCC it may take a while, possibly a long while before people get official notification of the stay. People shouldn't think because they haven't heard anything officially that their case is proceeding as before.

 

They only need ring the court and ask for clarification on their case. I have never mentioned business accounts nor credit card cases. I would not expect people to seek an application to set aside withourt at least querying with the court the wording of the stay order. Of course according to your last posting they shouldn't believe a court official as they read the order out loud.

 

I have noted on a number of occasions your responce to other peoples postings. I have no doubt you are a very intelligent and learned man. I certainly do not wish to go through all you posts with a fine toothcombe. However I do feel it is unnecessary that someone shoots down another posting perhaps without reading it thoroughly or without the full facts. Especially when it is then justified from a out of context previous post.

[GaryH]

We're going to go round in circles here, so I'm not going to add anything to my last post - I would only be repeating myself anyway.

 

It most certainly wasn't my intention to shoot you down though - sorry if thats how it was interpreted.

 

So what are the duration of the stays, out of interest?

[Andy Williams]

Don't want to post 'hearsay' so will post word for word on monday as per an earlier posting.

 

I'm quitting posting on this too....sorry if I've given you a hard time.

[MoneyKing]

I think everyone needs to calm down on here a little! One thing is for sure that the reason why these charges claims got so big was that everybody was following the same rules and advice. We had people power,now the water is muddy there does seem to be a lot of differring advice coming out and this does not help anyone. Esp if the big picture is looked at. So why not as always wait for things in writing and then make decisions? At least this way you always have somthing to fall back onto, like we have already been doing

[smutley]

hear hear moneyking... has anyone got their letter yet?