HolyMoly v A&L: Do I Reply??

[jansus]

So far A&L dont seem to have requested any individual stays - so if your get one it will come from the court.

 

I have sent you a p.m about your question - and read my thread posts on 23/24th August ( in successes)

 

 

Jan

[jansus]

Find out here if your local court is staying claims

 

good news I found one thread by digger /lloyds where Portsmouth did not stay the case and they won - but they were quite a long way down the road .

 

jan

[jansus]

Hi holymoly

 

Hope you are reading the posts on here today

 

Things are twisting and turning

 

How are you getting on?

 

Jan

[holymoly]

Hi Jan,

 

Things not going as well as I hoped.

 

Had a letter from Wragges on Saturday stating OFT case etc and saying that they had obtained a stay.

 

Called the court this morning to see if this was the case which it is (although still havn't recieved anything in writing from the court).

 

Here we go then, next hurdle!

 

Holy.

[Woolleykat]

Just got said letter from Wrages myself Holy, along with a repeat of an offer I didn't reply to as had a court date for objection to stay from AL, tempted as don't know which way test case will go, but doesn't it sniff a little bit of we might lose??

[holymoly]

Here it is (recieved in the post this morning , was almost inclined to let my dog eat it!!):

 

-----------------------------------------------------------------------

 

Standard Order for stay for settlement with consent of all the parties

 

Upon DISTRICT JUDGE XXXXX reading the file

 

And upon it appearing that the issues in this case are to be considered in litigation commenced by the Office of Fair Trading agianst certain banks in the high court of justice, Commercial Court, 2007 Folio 1186, to be heard during January and/or February 2008("the OFT test case).

And upon the court of its own initiative persuant to CPR Part 3.3

 

IT IS ORDERED THAT:

 

1. The claim be stayed forthwith pending the final determination of the OFT test case. Susch final detemination shall include any appeal.

 

2. Permission to apply to lift the stay or to set aside or vary this order within 28 days of the service of the same. Any application shall be on notice to all other parties and shall be supported by a statement setting out why this claim should proceed before the final determination of the OFT test case. Any such application shall be listed before the Designated Civil Judge sitting at Winchester unless specifically released by him.

 

3. Unless the court has already given directions, any party may and the defendent shall, within three months of the final determination of the OFT test case, applyfor directions for the future conduct of this action. Such directions shall be sought fromm a District or Deputy District Judge sitting at the County Court where the claim is proceeding.

 

Note (i): Where settlement of the claim is achieved before the end of the period of stay, the following will be taken to include an application for the stay to be lifted.:

 

(a) an application for a consent order to give effect to the settlement

(b) an application for approval of a settlement where one or more of the parties is a person under a disability: and

© the filing of a notice of acceptance of monies paid into court, or an application to accept monies paid into court out of time.

Note (ii) Extensions to the period of stay will generally be no more than 1 month.

 

-----------------------------------------------------------------------

:?

[jansus]

oh dear

 

 

Another one - all the conditions at the bottom are a bit different

 

Suppose now you have to decide whether to appeal.

 

 

At leat you have 28 days so you will have to keep an eye on how things go for others?

 

Jan

[jansus]

!!!!! OFT could drop test case !!!!!!!

[holymoly]

Thanks Janus.

 

I'm trying to establish if Wragges requested the stay or the Judge applied it on his own accord. I think my last letter from Wragges was a standard one implying that they had obtained a stay, might they have said this in order to scare me off?

 

Looking at the following link at Chichester CC where a stay has been applied by the Judge it appears that it can be easily lifted because the Judge applied it himself.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/72530-songbird-natwest-4.html

[jansus]

Thanks Janus.

 

I'm trying to establish if Wragges requested the stay or the Judge applied it on his own accord. I think my last letter from Wragges was a standard one implying that they had obtained a stay, might they have said this in order to scare me off?

 

Looking at the following link at Chichester CC where a stay has been applied by the Judge it appears that it can be easily lifted because the Judge applied it himself.

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/72530-songbird-natwest-4.html

 

 

 

 

Yes in my case I got the standard letter - but the stay was at the courts own initiative - and they were willing to grant me a hearing -

 

So worth checking how your court has been acting in the last few weeks by doing an advanced search.

 

As you know by reading - things change from day to day.

 

Jan

[holymoly]

Thanks Jan,

 

I've been doing advanced searches for Portsmouth but there don't seem to be any cases there. The only other one near me is Chichester where Songbirds case is being dealt with (Chichester is closer to me than Portsmouth :? ).

 

I may ring the court to see what my chances are of getting a stay and if there is any fee.

 

If I do submit an N422 should I include a list of settled cases by A&L?.

 

Holy.

[jansus]

hadyanth vs Lloyds TSB - Goodbye fingernails...

 

 

worth reading this - and other threads on lloyds - they are also having a rollercoaster ride:shock:

 

not just us

 

jan

[holymoly]

Just called the court.

 

If I were to aply for a stay then I would have to pay a fee of £65.00. This is due to the fact that it would require a hearing (the lady on the phone referred to item #2 'permission to apply to lift the stay....').

 

Not sure what to do!! I have completed the N244 form from following the 'application to lift the stay' link (before I called the court) but now don't think it is relevant to my case as I require a hearing

Arghhhhhhh:(

 

Holy.

[jansus]

I think the N244 form is still correct - there are two boxes one you tick for hearing and one without hearing

 

I ticked without - but was given a date for one anyway

 

Also the £65.00 can not be claimed i dont think:mad:

[holymoly]

Ok Jan, will go for it I think. Will have to see if I can rustle some money up from somewhere.

 

Wonder how much I can get for my kidney.

 

Holy.

[jansus]

At the moment dont feel qualified to advise you as it all depends on the courts what happens - and at the moment not many people are successful in lifting stay - so I am afraid its keep reading new posts and anything relevant to your court - then up to you.

 

I think it is appalling that A&L are getting stays without even appearing.

 

They have caused all these cases to go this far and still have the courts on their sides:mad:

 

Jan

[holymoly]

Thanks for the advice Jan,

 

I'll hold off for a bit and see if anything else materialises over the next few days.

 

Holy.

 

P.s. Got some post the other day. Some returned mail. It was my application to change my POC etc which I sent about 2months ago .

[jansus]

what returned from the court or never delivered?

 

you dont seem to be having much luck at the moment do you:|

 

jan

[jansus]

sorry meant to say as well - for both you and Square Bob they seemed confident enough not to appear at a directions hearing as they seemed to know the stay would be granted - but the thing to watch out for is if they actually appear and argue at a stay appeal hearing.

 

Then I guess it will depend on having a sympathetic judge?

 

jan

[holymoly]

Was never delivered!!

 

Don't suppose it is worth trying to file it again now the case is stayed anyway.

 

Oh well.

 

Holy.

[jansus]

dont give up hope yet - the waiver is due to be reviewed at the end of september - we can but hope:rolleyes:

 

some people are working hard

 

Proposed Judicial Review Proceedings

 

if cases go ahead an waiver lifted hopefully you would have chance to change POC anyway- but to be honest I predict a deal where the banks deduct say £12.00 per charge but have to pay everybody the difference? but avoid the case. Who knows?

 

jan