McIavelli V Lloyds TSB

[McIavelli]

Whilst doing my "homework", I stumbled upon this:

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

 

Post #2

The template below the one from Penalty Charges is one used by a user adapted to her particular circumstances and is a very good example of objecting on the grounds of hardship. (Although please note there are reservations regarding the applicability of the Social Security Administration Act.) This user used the objection in court on 8th of August. Interestingly the judge was not happy to go ahead with the hearing for fear of pre-empting the OFT test case. He also did not want to order a stay because of the hardship it would cause. He put it to the defendant (HSBC) that a stay should be granted provided HSBC accepted the conditions that no charges should be applied to the account during the stay. HSBC refused the conditions and the case was adjourned for a further hearing to consider the stay on Thursday 16th Aug.

 

Any news on how todays hearing went?

[passivenomore]

IT IS ORDERED THAT

 

This case be stayed until the 29th February 2008 pending the decision in the Commercial Court with liberty to apply, any such application specifying the reason why the stay should not apply.

 

Just 2 questions:

1) Is this carte blanche to fight the stay or am I throwing good money after bad?

 

2)

Quote:

pending the decision in the commercial court

Am I right in assuming that this relates to the OFT Case?

 

Hi McIavelli...

 

I have just heard that my claim is to be stayed until 31/3/08, due to the OFT case, as is the case with yours.

 

Stays can certainly be challenged and there are templates around specifically for the OFT case. I've not had the chance to read around too much the past couple of weeks, so not sure if anyone has sucessfully challenged yet.

 

This link may help mate...

 

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

[fzrkitten]

Hi McIavelli,

 

Just popped over to say hi from my thread, thanks for your support and sense of humour!

 

Will keep watching your thread, good luck.

 

Fzrkitten.

[McIavelli]

Hiya PNM,

Looks like we're in the same boat! The first thing I did was check next years calendar to make sure there IS a Feb 29th

 

In the meantime, I'm going to have a read of anything & everything then I'll be making an informed decision as to challenge the stay or not, one question that has arisen is:

 

Do we have to complete a N244 (& fork out another £35 or £65 if we want a hearing) or will a simple letter to the judge do the trick?

 

Best Regards

 

McIavelli (I'm not that devious really)

[calm1]

Hiya, just dropping by to catch up on things. Whilst I haven't got a claim running at the moment, I am still seething by the latest events, as I am sure you are! I find it appalling that the OFT case has allowed so many judges to stay everything. I strongly urge anyone who has the balls to do it, to fight their stay. I think this shows a very cynical attitude by the judges who in my opinion are shirking their responsibilities. A case needs to be judged on its' own merits which is why some cases had been lost - due to a poor argument. I am also livid that some judges are also thick enough to be staying claims on credit cards............ who are these idiots?

[BARTY]

Hi

These links should help:

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

 

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

 

Barty:)

[McIavelli]

If the bank indicates that it is going to apply for a stay you can lodge an objection to this with the court. This can be done be a simple letter with out the need to fill in form N244 or pay a fee. Alternatively if the application for a stay is to take place at a hearing take the objection to the court. Be sure to always send a copy of the objection to the defendant.

 

 

GOT IT! I knew I'd read somewhere that a simple letter could do the trick! You're a star Barty..Saved me £35 too

[McIavelli]

Hiya Calm1,

I very much appreciate your support .

 

I'm going to need all the help I can get fighting this stay.

 

Best Regards

 

McIavelli (I'm definately not that devious really)

[calm1]

Go for it!!!

[zootscoot]

Any news on how todays hearing went?

 

Not good news I'm afraid. The judge back tracked on the imposing of conditions on the stay and the stay was granted on the basis that the claimant was not in fact suffering hardship. The decision was flawed as it was not based on the claimant's uptodate financial situation.

 

Although the good news is that she got an offer of full settlement the day after the court ordered a stay!

[McIavelli]

Hmmm & Many thanks for that Zoot. My financial position has somewhat improved of late (no thanks to LTSB ). More research required methinks.

[remus]

Hi McIavelli, all the best with your claim and research;) will be watching out for you.

[passivenomore]

13th August Filed for Judgement on Form N205A

 

13th August N24 General Form of Judgement or Order (completed / posted 9th August) arrived on my doorstep (verbatim):

 

Hi Mc...

 

I've had the letter confirming stay of my case and posted details on my thread. As suspected, the court themselves ordered it and NOT the bank!! Due to this, I see no point in fighting the stay, as they're obviously not interested in taking it further until the OFT case is sorted.

 

However, your case is different, as LTSB failed to comply with court directions. Rightly, you've applied for judgement and the case should have been struck out on the spot. Instead, you've been given a stay!! This is absurd and a complete copout. Fight it Mc... fight it!!!

[McIavelli]

Hi everyone, & a very Happy New Year to you all,

After a great deal of soul searchiing I decided not to appeal against the stay, as I felt it would not stand much of a chance (the judge ordered it on his own valition independantly of the defendant) & to be honest I've already spent quite enough in court fees!

 

Like a lot of us, I've been busy with other non related bank charge issues I'm now a grandfather

 

My notice of issue was deemed to be served on 19th July 2007 & on 9th August my case was stayed by the judge until the 29th February 2008. I have no idea what this hearing is for.

 

I applied for judgement (after hearing absolutely nothing from LTSB OR their solicitors) the order merely said:

"IT IS ORDERED THAT" The case be stayed until 29th February 2008 pending the decision of the Commercial Court with liberty to apply, any such application specifying the reason why the stay should not apply".

 

I understand that the OFT case begins on the 16th of January. My question is, basically what preparation do I need to do prior to my hearing?

[remus]

Hi McIavelli, Happy New Year to you, and CONGRATULATIONS!

Hopefully someone will be along to give you some advice on what you need to be doing next, I think a lot of cases have just been left in limbo, no matter what stage they were at.

All the best:)

[McIavelli]

Cheers (uncle) remus..pause for groans from the audience

 

Seriously, I hope you good Christmas..by the look of your avatar, you did. & here's to a more prosperous 2008 to your good self & all here (despite LTSB's hideous new charging regime )

 

I have a feeling things are going to hot up again as the 16th Jan approaches!

 

In the meantime, I'll start having a look at putting my bungle (oops bundle) together & keep my fingers crossed that someone can advise me on my best cause of action.

[darling1]

Good luck McIAvelli, My Daughter had a case due in court last Sept, it was put on hold just a couple of days before it was due to be heard, she has been advised to do nothing (!) just wait for the outcome and be ready to carry on where she left off - she had put her bundle together already - but was quite upset that all the work she had done , not to mention the court fees seem to have been for nothing - if a judgement is made in favour of the customers, and if we dont have to go to court to recover anything due, will we get the money back for the court fees (that we wont need to attend)?

[McIavelli]

Cheers darling, like most on here, I've got everything crossed for a positive outcome of the OFT case.

 

Publicity has got to be a key factor in all this, we need more people to sign the Downing St petition; Dammit, I even downloaded that wretched song onto my phone (that's my musical street cred blown clean out of the water)