Which courts are carrying on????

[Camdenite]

Well done Stornoway. That's encouraging news. If only all judges would be so sympathetic.

[Camdenite]

I bet he didn't change his mind over the three cases he stayed though did he?

[Stornoway]

Full story is here ;

http://www.consumeractiongroup.co.uk/forum/citicards/91232-stornoway-citicards-incl-contractual-3.html#post1075473

 

Citi's lawyer was pretty gutted - she obviously thought it was a slam dunk.

 

The other cases were against Barclays Bank and Lloyds. Barclays cases were stayed to October 2008 and Lloyds to January 2008. One of the Barcays claimants was offered £3k on a £5k claim in April but had refused and was now gutted (the Barclays lawyer said that three weeks ago he would have wriiten him a £5k cheque on the spot).

 

My judge had heard the two Barclays cases before me and it was a different judge hearing the Lloyds case. My Judge did joke that the refusal of the stay in my case was showing inconsistency and not simply across the court system but across the rulings of a single judge in a single day !!

[Camdenite]

Very interesting. You must have argued it pretty well. Fancy doing my prelim' hearing on the 7th September?

[Stornoway]

Camdenite - stick to the info on this site and you cant go wrong. I wrongly though that there would be no stay application as mine was a credit card claim but luckily had internet access with me and could look up the key points re objecting. Take the objection info with you and it argues itself admirably.

[Camdenite]

Will do. Good to know that it's not all one way traffic with stays. There's only a few of you who (of those posted on here) have argued it sucessfully so far.

[dibble39]

my date for birkenhead cc is end of september i got a letter of barclays saying they were going to ask the court for a stay if or rather when it is granted should i still send in my court bundle any help appreciated.

[Lula]

dibble, carry on as normal and comply with any directions that the court might impose

[elliejay39]

Just found this thanks to KOG on Halifax forum. Might help in putting together an appeal against a stay given that Abbey seem to be blatantly ignoring the advice in letters received today.

 

'If the firm attempts to resolve a relevant charges complaint after the date of this direction (other than those described in condition 12(4)):

(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;

(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then...'

 

 

 

Full waiver Directions can be found here.

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/direction_disp.pdf

[Johnsworld]

Stornoway,

 

You're a jammy so and so. I used the Cag objections and some of my own about hardship and still got a stay awarded. I even threw in Failure to Comply (admitted in court) but it didn't make any odds. I felt the Judge was sympathetic, especially to the Human Rights Argument, but in the end gave way to the Bank. I guess it depends on the Judge and the day. I am pleased you won it though cause it gives everyone a boost for their own hearings.

Regards,

John.

[bluewillow07]

Weymouth and Dorchester carrying on as normal at present.

[bluewillow07]

Hi sorry my daughter has just spoken to Weymouth court last week they were carrying on as normal. today they have recieved a letter to say all cases are stayed until jan 2008.

[Leecabs]

Hmmm they some seem to be re-evaluating the position as they go along!

[chrisking1962]

Hi lee,

 

thanks for starting the list of courts staying the cases, I thought whenI first posted the news regarding Halifax and Bradford, I was missinforming people and was about to withdraw my initial post and apologise,:o

 

I still feel bad about the initial post, but my heart is telling me to carry on, although it may take longer than most would have wanted, I've been trying since April, some since last year, some haven't even started, but we need to keep going and fire from all sides to let the courts and the banks know we will not go away until we have every single penny returned to us asap.

 

The pressure will be put more on the courts the more claims are stayed, they might have a quiet christmas (bah humbug) strange that! 'A Christmas Carol'? 'Greedy Banks'? 'Scrooge'! 'Rich v Poor'! need I say more!

yet when they return after they have eaten their fill of the biggest turkey in the shop window they will be inundated with claims it will put a massive strain on the Judicial system it will be too late to stem the flow.

 

You get a cut, you stop the bleeding, you don't wait till the cut becomes a gash, that is what the courts are doing, they are'nt stopping the bleeding they are waiting for the gash! then theres not enough treatment! and the whole system collapses.

 

Don't ask me what I have just wrote, it just came out. If it made any sense to you just click my scales;) , if it did'nt just click em anyway as I don't know what happens:confused:

 

 

I have posted on my thread 'chrisking1962 v nationwide' regarding my complaint to the Office for Judicila Complaints, regarding the UNfairness of the current stays being dropped in everywhere with NO consideration to the claiments. Check it out, and my advice, complain to them on a similar basis, you can use the letter if you want, just tweek it to your case!

 

stay fresh peeps

 

regards

chris

[Leecabs]

LOL very good I like the Scrooge vs Tiny Tims!

 

It is annoying but keep the counting the pennies mines been running now since February 21st and now stands at £8110.09 Tee hee

 

They can carry on arguing this till 2010 if they want now I will look at it like a saving scheme.

 

Best of luck

 

Leecabs

[Mucho]

Hi,

Got my Hearings tomorrow at 2pm, received a letter today from SC&M staing that they have requested a Stay, they have asked that i inform the Court whether i accept or object to their request, obviously i object. Need to hand deliver my objection before 4pm today. Can anyone tell me where i can find info on what to put in my letter as my objections?

 

Any info on Liverpool County Courts stance on requests for Stays?

 

Thanks

[Lula]

ok, who says that you have to reply to the court by 4pm today? did the court ask that you do or [problem] ? Either way ring the court and see if they have received the application and tomorrow you can tell the court that you object and see below for the argument, print it off and take it

 

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

[Mucho]

Thanks Lula,

 

SC&M asked me to inform the Court of my acceptance or objection. I rang Liverpool County Court and they had received the request, i was told that it would weaken my defence if i had not responded to this request. I am unable to attend the Hearing, so i will need to get everything hand delivered today.

Regarding the link you have just posted. It mentions that this application is "Part C Statement on form N244 Application Notice" and that there is a £35 fee. Does this mean i need to fill in another form and pay the fee? Im currently in italy and have no way of doing this, im relying on family to deliver everything for me today.

Also in the 3rd section it mentions Lloyds TSB, is this document only for TSB claims?

Thanks

[Lula]

Right, that is the statement for the removal of a stay, it contains the arguments against a stay, you need to amend it and send it to the court. Take out all references to part C or N244, its just the meat you need for the argument.

[Mucho]

Oh i see, thanks for that! Better get to work on it!

 

thanks

[Lula]

also take a look at this and pick the meat lol, post 44 onwards - especially the human rights bit

 

http://www.consumeractiongroup.co.uk/forum/citicards/91232-stornoway-citicards-incl-contractual-3.html#post1075682

[yourturntopay]

My Abbey case was defended on Friday (only received paperwork today. I phone MCOL to see if this was one was stayed or not.

 

Apparently the high court has sent down a directive that ALL bank charge claims will now be stayed till the conculsion of the OFT case is known. All courts have been ordered to follow this directive.

 

MCOL will still accept claims but once they are defended they will be stayed.

 

What MCOL also said that if OFT win the case an order will be given that all cases in the court are to be paid out on. Should they lose, all cases within the court system will be struck out.

 

I did ask MCOL if we had the right of appeal against this decision. I was told yes we could appeal, but they receommended against it as the directive had come from the high court, so an appeal would have to be against the high court directive not the local court.

[Leecabs]

Apparently the high court has sent down a directive that ALL bank charge claims will not be stayed till the conculsion of the OFT case is known. All courts have been ordered to follow this directive.

 

MCOL will still accept claims but once they are defended they will be stayed.

 

What MCOL also said that if OFT win the case an order will be given that all cases in the court are to be paid out on. Should they lose, all cases within the court system will be struck out.

 

I did ask MCOL if we had the right of appeal against this decision. I was told yes we could appeal, but they receommended against it as the directive had come from the high court, so an appeal would have to be against the high court directive not the local court.

 

Hi bit confused the bits I have highlighted in bold and underlined seem to contradict each other???

[madoldbat]

Well I just called West London County Court who confirmed that is not the case and the Judge there is considering each case individually.

 

Abbey have still not applied for a stay on my case (hearing on Friday) but they still have a couple of days and may even turn up for the hearing to apply.......

 

Keep your chins up...

 

MOB

x

[yourturntopay]

Opps sorry, typing error!! MCOL confirmed all claims regarding bank charges are now stayed once they have been defended until the conclusion of the OFT test case