Cardiff directions hearings *POST HERE*

[linda1968]

I've sent the draft directions that Garyh gave on page 1 of this thread and the letter that Welshcakes gave on page 10 thread 199. I sent a copy to both Thomas Hickey and the court by recorded delivery. Do i need to send anything else or is that ok . I intend to go on the day.

Thanks Linda

[MrDinkle]

Hi All,

 

I am in the same position as kalujo123 it would appear.

 

I did all the standard stuff; request statements, send letters and then MCOL. Barclays filed at last minute. It went to Northampton and then got transferred to Cardiff for directions on the 14th August.

 

Since returning the completed questionnaire to the court I have not sent anything else to anyone... I am panicking now as it appears that people are sending all sorts as well as having contact with BLT.

 

I do not know who is dealing with my case either!

 

I started my own thread here and am following the Cardiff thread

 

:-?

[confusedmomma]

Hi guys,

After reading a thread posted by Emma81 on the Lloyds Tsb website I have phoned Cardiff this morning and they have confirmed that all cases on the 14th August at 10.30 including mine have been stayed. They confirmed that they would not be arranging another hearing until after the high court ruling.

[Guest Botsy]

I still intend to send everything but will change my letter to request removal of the Stay.

Bots

[GaryH]

Hi guys,

After reading a thread posted by Emma81 on the Lloyds Tsb website I have phoned Cardiff this morning and they have confirmed that all cases on the 14th August at 10.30 including mine have been stayed. They confirmed that they would not be arranging another hearing until after the high court ruling.

Take no notice until you get confirmation from the judge. If you recieve an staying order you should apply to set-aside. If not, turn up (or write in if you were given the option) as planned and be prepared to argue against it.

[MrDinkle]

After reading a thread posted by Emma81 on the Lloyds Tsb website I have phoned Cardiff this morning and they have confirmed that all cases on the 14th August at 10.30 including mine have been stayed. They confirmed that they would not be arranging another hearing until after the high court ruling.

 

Same here, I just called and got same advice. To the effect that all cases on the 14th have been stayed and there will be a notification posted to all claimants.

 

I asked if I could oject, the guy said yes you can send in an objection.

[kashie]

Just to confirm then, I need not send the objection for stay letter in until the case has actually been stayed??

 

I wil not be attending but have sent all relavent documentation in for directions etc.

[nickieee]

just ramg them myself ours is gonna be stayed as well. has anyone heard of the stays being lifted yet when the objections are raised?

I know i,m echoing what every1 else is saying but what a jip my claim isnt even against one of the 8 named banks and yes the first letter of banks is a typo should be a W

[welshcakes]

Kashie

 

Don't send in a Stay Objection unless you get written notice from the court that your claim has been stayed.

 

Not all claims can or will be Stayed, mine for example isn't even about bank charges, it's a DPA breach so the judge will be looking at each claim to allocate it court ordered Stay or Not.

 

Don't presume anything, get the facts about your claim before acting and please, if you don't receive official notice of a Stay, attend on the 14th otherwise you seriously risk jepordising your own claim.

[GaryH]

You'll need to formally apply for the stay to be lifted, unless you don't mind having your claim on hold indefinately, of course!

 

You obviously can't do this until you get the staying order through though.

 

You'll need form N244 and attach the stay removal template as part C - http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

 

Further guidance see here -

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

If you do not recieve a staying order, continue to the hearing as normal.

[kashie]

Thank you both.

[nickieee]

Thanks for the advice all. another quick question about the directions hearing on the 14th. Is it possible for the judge to stay the case if wragge dont comply with his original instructions. He asked for in his instruction that both parties submit 7 days before the hearing :-

 

1. Directions will be given in this case by the Designated Civil Judge, His Honour Judge G Hickinbottom, on the 14th August 2007 at 10.30am at Cardiff Civil Justice Centre, 2 Park St, Cardiff Cf10 1ET.

 

2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 working days prior to the hearing.

 

I have sent in my letter and draft instructions as per the order but so far the other side havent. if on friday they still havent even if i receive a stay notification can i ask that the defence be struck out because they didnt comply with the order? might be grasping at straws here but u never know

cheers in advance (again)

[welshcakes]

Hi Nicki

 

The Defendants haven't done anything wrong, the order doesn't require submission of written representations, it merely gives the option to submit instead of appearing in person.

 

"2. The parties may appear in person or make written representations as to how the case should proceed provided a copy of the representations is sent to the court ....."

 

Theonly way you will have grounds for Strike Out is if they don't turn up on the day.

[MrDinkle]

ok another quick Q if you do not mind....

 

As we have heard it is likely that the majority of cases will be stayed on the 14th, if like me you have not submitted a written representation as you were intending on appearing on the day - should we now consider a written representation (quickly) including the objection?

 

?

[nickieee]

hi welshcakes

 

i assume the strikeout would only be viable if i dont actually receive a stay order between now and the 14th as well? have you heard or read about anyone being successful in having the stay lifted after objecting?

 

cheers

[GaryH]

ok another quick Q if you do not mind....

 

As we have heard it is likely that the majority of cases will be stayed on the 14th, if like me you have not submitted a written representation as you were intending on appearing on the day - should we now consider a written representation (quickly) including the objection?

 

If your attending just take the statement with you and be prepared to argue against a stay at the hearing.

 

Anyone who is not attending should include the fact that they object to any possible stay in their written representations for how the claim should proceed.

[GaryH]

Many claimants have been succesful in lifting stays. In fact I got one lifted at an application hearing last September.

 

The big difference of course is that back then everyone knew it was highly likely that the proposed Mercentile test cases would never go ahead, and therefore any stay is pointless, which turned out to be correct. This time the test case is partially at least at the banks behest, so you can't argure that its unlikely ever to be heard, becouse it clearly will be.

 

Forget the strike out. Your main concern is your claim proceeding rather than being stayed.

[Andy Williams]

As far as I'm aware from my conversation from the court all claims due for direction hearing at Cardiff have been stayed as of today.....this is a court order so you can't just turn up on the 14th as their won't be a hearing.

 

only option is to apply to have it set aside once the order is received. their is a fee for this and you then have to set out arguments in front of judge why it should be set aside. I believe it is extremely unlikely that any stays will be set aside (unless claimant terminally ill or near bankruptcy) as this order as been made by the court on their own initiative.

[MrDinkle]

this just stinks of collusion.

 

Last week Cardiff were adamant that these cases would proceed 'business as usual'....now something has dropped from on high and what can we do?

[smutley]

well im near bankruptcy due to barclays and feeling suicidle to boot!!!

[MrDinkle]

would you not come under the hardship rules?

 

See this post

[GaryH]

As far as I'm aware from my conversation from the court all claims due for direction hearing at Cardiff have been stayed as of today.....this is a court order so you can't just turn up on the 14th as their won't be a hearing.

Correct. If you recieve a staying order, all you can do is apply to set it aside. If you don't however, you should proceed as normal.

I believe it is extremely unlikely that any stays will be set aside (unless claimant terminally ill or near bankruptcy) as this order as been made by the court on their own initiative.

Not correct. The chances of success are not clear but there is certainly a reasonable chance at least, and there are very good grounds for your claim to proceed. The fact that the orders are made of the courts own initiative is irrelevant.

 

Also, any credit card, business, store card, DPAR, etc claims are not effected by the test case and therefore the stays. If you're claim is one of these and it gets stayed then it'll most likely be in error and you should apply for its removal solely on the grounds that the test case has no relevance whatsoever to your claim.

[Andy Williams]

Well I am going to apply for the stay to be set aside...hears hoping for the best

[MrDinkle]

I am going to continue preparing as advised (just in the event a stay order does not land on my doorstep).

 

If one does I will apply for it to be set aside.

 

I am in a rage! Grrr

 

! Thanks GaryH !

[Mostyn1704]

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... as well as submitting objections to the stay.Do they really expect us to sit down and wait months when we have already been waiting so long?