car2403 -v- Halifax

[sea-sidelady]

No advice needed here .....

[car2403]

I'm issuing via MCOL today - I would go down the N1 route, in the hope that my local Court will refuse the inevitable OFT stay, but alas the Judge's there don't have the bottle to refuse a stay.

 

So, I'm £50 lighter - (or rather my C/card is £50 heavier!) but I'm in with a (2nd!) chance of getting £302.46 back... growing daily at 0.00022%! Woo hoo!

 

[moneyhelp]

You may want to cancel your MCOL claim - read this http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/110547-urgent-all-mcol-claims.html

[car2403]

I'd read that beforehand and decided on MCOL anyway - given the grief I've had with other claims at my local Court, I can't see the point going with an N1 anyway.

 

MCOL?... Stay will be applied!

N1?... Stay will be applied!

Stay applied?... Nightmare getting it removed, regardless of arguments or financial hardship caused, or whether its with Northampton or my local Court!

Different actions?... Same result!

Chance of winning my second successful claim against the oppressive Halifax... PRICELESS!

 

:-|

 

I should be writing material for adverts, me...

 

[sea-sidelady]

Make sure you read the update on the mcol thread.

 

Cases can be transfered to your local court IF you request.

[car2403]

Defence received:

 

Between:

car2403 (Claimant)

and

Halifax Plc (Defendant)

 

DEFENCE

1. On 27th July 2007 a “Test Case” was issued in the High Court between the Office of Fair Trading and a number of banks (namely Abbey National plc, Barclays Bank plc, Clydesdale Bank plc, HBOS plc, HSBC Bank plc, Lloyds Bank plc, Nationwide Building Society and The Royal Bank of Scotland Group plc in relation to the recovery by personal current account customer of charges paid by them to the banks.

2. The Defendant respectfully requests that this claim is stayed until further Order pending the final decision in the test case.

3. The Defendant intends to defend this action, and will file a full defence within 28 days of the expiration of the stay in proceedings.

4. In the meantime, the Defendant makes no admissions to the particulars of claim, and the Defendant denies that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

 

I'm a bit behind with the Halifax process, as I've been concentrating on my other claims, so is there a standard response to this?

 

On the face of it, this is no defence at all and they shouldn't stay the claim on this basis - knowing about other claims, though, sadly that won't be the case.

 

Tally ho!

[**Tilly**]

hi car

you can apply to have the stay lifted here is the link

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

[sea-sidelady]

You will hear from your court now to let you know if the stay has been granted.

 

It is worth a look here to see if your court is staying claims. Im assuming this is a current account and not a credit card account.

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if-27.html

 

And if they have then the link Tilly gave you is what you need.

[car2403]

Not fancying my chances, given the results of this with other claims - but I'll give it a go anyway.

 

I won't hold my breath!

[sea-sidelady]

Dont forget though a small conselation is all the while its waiting its adding the 8% and daily interst.

[car2403]

That's about 55p a week on my £300 claim then - definately a small consolation! And I only get that if the TC goes our way and I win in Court.

 

What a shambles!

[car2403]

Nah, no chance! Stay awarded with the usual/standard wording. My arguments seem to have fallen on deaf (and stupid!) ears!

 

Now, is it really worth requesting the case to be transferred to my local Court so I can challenge it there - especially given that I have another claim with NastyVest that has been stayed without me being given the chance to argue my case properly?

 

I don't think I'll bother wasting 2 sheets of A4 paper, some ink and a couple of 1st class stamps! I'll go and buy myself a 4-pack of Mars Bars and drown my sorrows until the stay is lifted instead. (Other Chocolate bars are available, by the way)

 

Ho hum...

[sea-sidelady]

Have you had a read in the stay forum (in my links) you will see there have been a lot of stays lifted and cases have continued.

 

So it might be worth a couple of sheets of paper.

 

If not, then make sure you share those mars bars!!!

[car2403]

I didn't bother in the end - saved the cost of those sheets of paper and stamps. (Actually, they were 1st class stamps which have increased in cost, so I've saved even more, there!)

 

The good news is the 8% interest has doubled since the claim was entered - I'm yet to find a spreadsheet telling me how many Mars Bars that is, but I know it's a lot...

 

[car2403]

Well, well, well. After all the furore about this OFT TC judgment today, the announcement really helps;

 

The Consumer Forums - Announcements in Forum : Halifax Bank and Bank of Scotland

So, this is going off to the Court by fax, tomorrow;

 

Dear Sir/Madam,

 

Case No: 7****** - car2403 –v– Halifax PLC

 

I, the Claimant in the case above, refer to the Claim above and specifically to the order, staying the claim, made by District Judge XXX, dated XXXX.

 

I understand that the Judicial Press Office has advised Claimants to write and request a lifting of their stayed claim.

 

As my claim for Bank Charges is brought under Regulation 5 of the Unfair Terms in Consumer Contracts Regulations 1999, and is therefore not affected by the recent Supreme Court Judgment, in fact the Supreme Court has indicated that a challenge to "fairness" of my Banking Contract under Regulation 5 may be an appropriate route to take.

 

I therefore request that the stay be lifted, that any necessary directions be given, and that a date be listed for a hearing of my claim.

 

Yours faithfully

 

There's also a sneaky copy going to Optima- if their fax machine is free to receive it, that is...

[car2403]

Flaming Northampton!

 

They want a formal application and the associated fee for making it!

 

I wonder how much HMCS is going to make from these fees?

 

Ah, well, application and fee going off - it just adds to the amount I'm claiming. (and delays it by almost 3 weeks!)

 

:mad::mad: