Which courts are carrying on????

[adam1976brown]

Just to let people know i phoned up my court today ( Aldershot & Farnham) and enquired what shall i do with ref my claim on the 4th sept. In short nothing has changed. The judge is still dealing with these claims. He has cases today and will deal with each one on their merits and will do so with all future claims. How this will affect other courts i dont know but i do feel slightly better. So in short carry on as normal and if in doubt phone ur court and enquire what to do....

[Bookworm]

Good, and thanks for that, it might help alleviate some of the growing hysteria. ;-)

[adam1976brown]

Hopefully this will ease many peoples worry... so it might be a good idea for people to contact their courts and post the responses on here.. so people can understand what courts are carrying on and which ones r not...good luck all...

[Bookworm]

Well, no. All courts are supposed to carry on, no reason why they shouldn't. And any court trying to stop people from filing should be challenged.

 

The stays are not -at this point- systematic. It is up to the bank to apply for one, and up to the court to grant it, so not as clear cut as the media would have us believe.

[marmite-girl]

thanks for that!

i was getting slightly hysterical (im a woman.. its my job) - as the deadline for bundles etc on my case (10th August) is TODAY 4PM!!

Got a bit twitchy.. dont want to ring an aggrivate the court.. so will wait til the deadline has passed and contact them after that.. just to see if abbey have submitted a bundle or asked for a stay.

all very worrying.. but just got to go with the process i guess

thanks again - encouraging words

[TJ.Daws]

I think at this point it is just a waiting game (and we should all be old hands at that!!)and the different courts/judges will handle it in what ever way they see fit. The Judge in Southend is reviewing all the cases including ones that have already been before him in an allocation hearing. We'll hear in 'due course' according to the lady I spoke to.

[jules1973]

TJ

 

I bet Southends phones will be ringing ten to the dozen over the next couple of weeks waiting to see what Judge Dudley has decided to do having reviewed all your cases.

 

Hopefully he will strike them out in favour of the claimants as an abuse of power. (one lucky person, not sure what court has received such a letter to say that as Abbey always settle prior to court, they are thinking of striking out the defence) be nice if judge dudley followed suit.

[johnny131070]

I phoned Norwich County Court today to find out what was happening and the clerk said that everything is proceeding as normal. Stick to your guns and dont get washed up in all the hysteria. You will get your money back!!

[GuidoT]

Romford CC are staying matters pending the outcome of the test case.

 

As far as I have seen today, this is the exception though.

 

Business as usual.

[Bookworm]

thanks for that!

i was getting slightly hysterical (im a woman.. its my job) - as the deadline for bundles etc on my case (10th August) is TODAY 4PM!!

Got a bit twitchy.. dont want to ring an aggrivate the court.. so will wait til the deadline has passed and contact them after that.. just to see if abbey have submitted a bundle or asked for a stay.

all very worrying.. but just got to go with the process i guess

thanks again - encouraging words

 

I'm a woman too, and I don't do hysteria.

 

My advice? Go on the offensive. If Abbey haven't complied with court directions (bundle), move to have a strike-out on their defence and judgment granted in your favour. Hit low, hit fast. Depending on your judge, you could get it. Wait and see can only benefit the banks now.

[Leecabs]

Hi Guys I have just phoned Bow County Court and they have stated that claims will proceed as normal until the OFT test case has made a ruling.

 

This makes sense to be honest otherwise the backlog at the end would be massive putting the courts under more strain than they already!

 

Im panicing a bit but if one thing Cannon Fodder, Lula and everyone else says all the time when this happens it is to proceed with your claim as normal.

 

I hope this helps you all feel better

 

Have a nice weekend all:)

[deadlykiss]

hi ppl:)

just got off phone from kettering county court ,, the kind lady informed me they are carrying on as usual as until it goes through Hig Court all claims stand hope this helps

[marmite-girl]

i like the sound of that!!

going to give my court a tinkle on monday and see what the score is.. hopefully it will be good news!! been an a right old flap today!

[Leecabs]

So far:

 

Aldershot & Farnham County Court, Southend County Court seem to be playing by a case by case basis.

 

Bow County Court, Kettering County Court, Norwich County Court are all proceeding as normal.

 

If you have news on how your local court is proceeding it would be great to hear from you too!

[alex_the_lad]

It's still worrying though - cos I guess the only thing courts can confirm at the moment is that they won't be imposing blanket stays on all bank claims. My worry is that we don't know which way judges will go if banks make submissions on individual cases for a stay as and when they are due before a court. Also if a judgement is made against a bank in default will banks simply apply to have judgements set aside and request a stay pending the outcome of the test case? I'm assuming that more and more cases are going to go all the way to a court date now as I guess banks are gonna stop settling. It's gonna be a bumpy few weeks ahead as we see how things develop. The only very, very slight comfort (not much at all really) is that my claim will accrue about £300 a year interest!!

[einyuk]

phoned sheffield law courts and they say business as usuall regarding my claim since they've not heard any different.

[deadlykiss]

wow never thought of the accumalating interest lol , glad to see lots of courts carrying on though

[Leecabs]

This was in the news the second paragrapgh worries me:

 

Tens of thousands of cases have already been settled out of court, costing the banks millions of pounds.

Market watchdog the Financial Services Authority (FSA) will allow banks to suspend dealing with any claims for repayment of overdraft charges filed against them until the test case has been decided. However, the banks will still need to make a note of any claims lodged, and will have to honour offers to settle that were made before the test case and FSA waiver were announced.

 

How dare the FSA let the banks suspend our on going cases it outrageous can we sue!!!!!!

[Bookworm]

"Claims", as in either going through Ombudsman, or at the stages before court. They do not have the power to stop us from carrying on with filing claims at court. Only the judge can stay a case.

[deadlykiss]

so basically if judge wants claim to go through he can ,, is that what you saying ???

[Bookworm]

Yep.

[deadlykiss]

ok but what if my bank is part of the waiver agreement ,, can he go against it ?? if thats the case surely more ppl will get money back ,, btw im with Halifax , which is part of the waiver thingy lol

[Bookworm]

Last I checked, judges had more power than the bank.

 

The waiver has nothing to do with the judge. I don't know how more simply I can put it.

[einyuk]

still depends on the master of the rolls i would think.................if he tells all courts to suspend all claims surley the courts would have to abide?

[ICY]

As far as i can make out the waiver simply means banks dont have to deal with complaints about charges, it does not mean that these claims cannot be brought before the court, we should all continue using the same process we have been using up until today, all will be well