Claims transferred to Southend...

[TJ.Daws]

Hi Jules

 

I've not heard a dickie bird from Southend as yet. Other than the last convo with a clerk but nothing in writing as yet. I think this thread has gone quiet for a bit as there is no real news of any worth at the mo. I'm sure if Judge Dudley decideds to proceed as normal this thread will come to life again. Or even if we get formal stays at least this thread can work to help support each other with the documentation to try and get it lifted.

[newbody]

Probably become more active in 11 days when the 28 days Abbey were given are up

[kia]

not so quiet eh though lol if you bump it gets noticed ;)xxkia

[jules1973]

Sorry Guys bad News

 

Received this this morning.......

 

Further to your email dated 30th July to the court, i can confirm that all small claims regarding bank charges within this court are being stayed pending the outcome of the proceedings currently under way in the High court.

 

I can confirm that due to the high volume of such claims within this court, there is a slight delay in the processing of the Orders staying the claims. However, the appropriate orders should be sent out within the next couple of weeks.

[kia]

oh well u tried just have to wait i suppose no choice ill be there soon with second case as will alot of others xxxkia

[jules1973]

I am so happy to hear/read that loads of people around the country are still having their cases continued with, and no stays have been implemented. So can someone please tell me WHY THE HELL ARE SOUTHEND STAYING ALL BANK CHARGE CLAIMS????????

Maybe our judge needs to speak to other judges and take their lead/initiative, has anyone had their order through to say exactly why their claim has been stayed (was it because the defendant requested it or was it due to the judge’s own initiative)? If so, can you post up the reply so that when we all receive them, we can ask someone very clever, what is the best course of action to take, as it seems that we seem to have the only court that is staying all claims, and he is not judging each case on a case by case basis, which I thought they had been asked to do (as per the quote from the Royal Courts of Justice to Martin Lewis of MSE).

By staying all claims, isn’t that Bias? I thought the courts weren’t allowed to show any form of bias and had to be neutral or am I assuming wrong?

If it turns out that Southend are the only court/only one of a small handful of courts in the country staying all claims, maybe with advice from wise CAGers we can complain to the higher judge who looks after this area/write to the local/national paper complaining that we seem to have the only court (or are one of a handful of courts) that are staying all claims, thus penalising us, whilst other courts carrying on as business as usual.

[jules1973]

I have emailed Southend this morning to ask why all claims at this court have been stayed, when others around the country are carrying on, and received a reply to say thanks for my enquiry and it will be passed onto the correct department for a response. i will let you know what they say.

[rsspence]

I totally agree with all the above. But no letters have been received from the court and until we see them there is no point speculating. As far as I am concerned Abbey have 9 days to pay up, I have still not been told otherwise. Altough, I am not the luckiest of people so I have resigned myself to the fact that I will not see my money too soon.

[jules1973]

Even if your cases are not stayed, can you help by looking at the thread

***must read****** help by writing to your MP - it gives a link to a thread in another forum. They are trying to get a letter objecting to the Waiver implemented by the FSA, sent to all MP's throughout the country, and are keeping an eye on who have had letters sent to. One MP has already written to the FSA to get them to state the reasoning behind their waiver.

 

thanks

[NatalieC]

Hi All,

 

I am due to be at Basildon Court at 2pm on 8th August for the hearing of Abbey's application to have the judgement set aside.

 

I am asumming that this will still happen and will still turn up but dont know if I'm wasting my time?!

 

Has anyone else had their cases heard at Basildon or am I the only one that hasnt been transfered to Southend?

[jules1973]

I thought all cases were being transferred to Southend, lets hope you are lucky. Fingers crossed that the court turn down Abbeys request.

 

Good Luck Natalie xx

[irishrose]

I spoke to Southend court last week about my mother's claim (copy defence received from Abbey but no word from the court) which has been transferred from Basildon. When I phoned, I was told all ongoing cases would be stayed until early December. Was also told that confirmation would be issued shortly, but my mum has received nothing in writing yet.

 

Why has Southend decided to take this action? I'll be very interested to hear the response to your email, Jules, as it seems to be contrary to all (or most) other courts.

[jules1973]

Hi Irishrose,

I am in the same position as you, mine was transferred from Basildon.

Are the courts supposed to send you a copy of the defence, or do we just rely on Abbey sending us a copy?????. As we are just assuming that Abbey actually filed their defence with the court.

Everyone should get something in the post within the next couple of weeks (there is a backlog in sending orders out confirming the stay). I honestly do not know why Southend seem at the moment to be the only way staying every claim they are dealing with.

This is a good post that I read this morning, which if he is successful, may help us all.

http://www.consumeractiongroup.co.uk/forum/general/107861-courts-cant-suspend-all-new-post.html

Here is the message that has just been posted:

***************

Hi All,

we are expecting to find out in the next couple of days if an attempt to get a stay lifted from my case has worked. as you will be aware i have been seeking help from a barrister has a great deal of knowledge in Human Rights. i dont want to get hopes up at this stage but hopefully should our attempt prove successful i will post our argument on here. i have been told we are looking at a 50-50 chance as the courts will look to balance the rights of both parties in this case and could consider it fair to hold on until the outcome of the test case to clarify a point of law which is relevent in all cases relating to bank charges. i have been told to ring the court in the next day or so. i will let you all know what happens then

regards

paul

[irishrose]

I don't think there are any hard and fast rules about the bank sending a copy of their defence to the claimant. I suspect it is considered a courtesy to do so, but most banks seem to have given up treating their customers with such old-fashioned concepts! With my own claim against Lloyds (settled in full a few months back), I received the defence from the court, along with an Allocation Questionnaire.

 

With my mum's claim against Abbey, the bank sent their defence direct to her, and she's received nothing from the court except notification of the transfer to Southend. When I spoke to the court though, the clerk said a copy of the defence would be sent to me when I was formally advised of the stay.

 

I wouldn't worry that you haven't received a copy of the defence direct from Abbey. Like I say, I think it's a hit and miss affair. I suspect you will get a copy when you get something in writing from the court. If you don't, ring them!!

 

Grrrrr. Isn't this limbo frustrating. My mum could really, really do with this dosh (her claim is for more than £8500).

[rsspence]

Through the post this morning from Southend Court

 

Upon Proceedings having been issued in the High Court to determine the legality or otherwise of Bank Charges;

 

Before District Judge Dudley sitting at Southend County Court at Tylers House, etc.

 

An Upon it to the Court that this claim will be affected by the outcome of those proceedings;

IT IS ORDERED THAT

 

1. This claim be stayed until determination of the proceedings in the High Court.

2. Liberty to either party to apply on notice under CPR23 to lift the stay

3. The hearing of any application to lift the stay be reserved to District Judge Dudley

 

This order was made of the courts own initiave pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay Order but such application mustbe made within 7 days of receiving it.

 

 

Comments please, one and all, seems I got the first Southend Letter again.

[jules1973]

Spence

 

Apparantly halifax CC are also staying all claims aswell.

 

I dont honestly see that the judge will set aside the stay if it was him that put it there in the first place. over in general forum we are trying to get people to lobby their mp's stating it is unfair to stay claims whilst still allowing banks to levy their charges. We have had some good feedback from MP's so far.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/108984-list-all-mps-written.html

http://www.consumeractiongroup.co.uk/forum/general/108220-fsa-review-waiver.html

http://www.consumeractiongroup.co.uk/forum/general/107861-courts-cant-suspend-all.html

[rosemarymadder]

Hi all,

Got my letter this morning as well.... really fed up cos they only made the decision on 31st July ...well after Judge Dudley had already made a judgement on the 17th... and if some of our claims hadn't been transferred and then stayed in the first place it might have all been over and done with by now.....%$£"":(

[rosemarymadder]

sorry all forgot to add, i work with a magistrate and he says that he cant understand why a judge would make a decision, i.e. pay up in 28 days or final hearing, and then go and apply a stay themselves, usually a stay is only granted when either the claimant or the defendant asks for it... the judge had nothing else to do unless Abbey didnt pay up and then he could have stayed a final hearing...does this make sense? (i know what i mean)

[bobbybingo]

got my letter today as well....in same boat as you rosemarymadder. i agree it seems a very strange decision and does not seem to make sense at all. if he made his decision on 17th why did he then 'change his mind' on 31st? if he had directed the bank to pay within 28 days, he should have stuck to that surely? in 2 minds whether or not its worth emailing my mp............

[TJ.Daws]

Hi all

 

I guess I can look forward to mine in the post then. You would think that the courts would realise that if they had trouble dealing with the numbers already what on earth are they going to do with the backlog. Surely the OFT can't find in favour of the banks...and if they do then in stinks of a huge cover up. I'm gong to keep myself busy and stick in another claim with Abbey...does anyone have any thoughts on if I can also go for a couple of months within the six years that weren't included in my claim (Abbey kept missing those statements!!!) if I can I'd like to add it to the charges I've had since filing. Its a smaller claim but being as I have time on my hands....

[spurs1]

Likewise to BB and RMM got my letter today ordering a stay and am pretty miffed. Would like to apply to have the stay lifted but not clear on what grounds I could apply. I will certainly be emailing my MP to try and put some pressure on.

[rsspence]

If this OFT case runs for years, will the stays? Or is there a time limit to a Stay? Couldn't find this info as a clear answer.

[kia]

be interested to know that too anyone xxkia

[jules1973]

This is a petition to get the FSA to remove the waiver

 

http://www.consumeractiongroup.co.uk/forum/general/109178-petiton-fsa-demanding-removal.html

[dancegirl]

Thanks Jules, have signed the petition lets hope it does some good!

I too received my letter from the court yesterday & also today, a letter from the Abbey stating that pending the test case they are asking the county courts to stay all claims relating to unauthorised overdraft bank charges. I agree that if there had not been a stay in the first place, our claims would have been resolved before the test case & also that it seems very unfair that the judge has given them 28 days to settle & now seems to have back-tracked, very annoying!