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Which courts are carrying on????


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Any case that is defended via MCOL from the 10th August is subject to the stay.

 

MCOL stated this directive came from the high court and that all local courts would be subject to it too.

 

I really hope i have misunderstood this as i have 3 claims going through and all 3 will be hit by a stay.

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Hi Leecabs - yes looks that way.

 

I'm starting to get nervous now and ringing the court everyday to see if they have applied for a stay.

 

Would you (or anyone) happen to know if the banks are appearing in court these days? If so, are they allowed to apply for a stay at the hearing? The lady I spoke to indicated that the banks are still likely to pay up just before or not bother turning up at all but I don't think the people who answer the phone there are very clued up. (Apols to any court staff reading this :))

 

thanks,

MOB

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From what i understand from my local court the news is just beginning to filter through about the High Court stay order and that district Judges are now applying with it.

 

I think it really is a case of wait and see - If you have a court date in the next couple of days it might go ahead, but i think all the cases will be stayed until after the OFT court case.

 

However i would love to be wrong on this and I have £13,500 worth of claims going through with Abbey at the moment and really wanted a payout.

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Hi if you look further back on this thread you can see that court dates are still going ahead and also that some people have won since the OFT test case has been called up. The Banks are turning up on court dates to request a stay but in half the case the banks request is not granted as they have not even bothered to look at the claim!

 

This link is from Bankfodder and can help get the stay removed:

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

 

The information on there can also be used to argue in court should you need to regarding the stay thats if the bank turn up!:rolleyes:

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It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.

I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.

I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

 

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal:

 

Aldershot & Farnham County Court,

Bow County Court,

Blackburn County Court,

Bristol County Court, NEW CLAIMS BEING STAYED

Caernarfon County Court,

Chester County Court,

Chichester County Court,

Croydon County Court,

Gloucestershire Family and Civil Courts,

Grantham County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Ipswich County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Medway County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oxford Combined Court Centre,

Peterborough Combined Court Centre,

Romford County Court,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

St.Helens County Court Merseyside

Stoke-on-Trent Combined Court,

Sunderland County Court,

Thanet County Court,

Torquay and Newton Abbot County Court,

Warrington and Runcorn County Courts,

Watford County Court,

Wellingborough County Court,

West London County Court,

Weymouth and Dorchester Combined Court Centre,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

 

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided:

 

Altrincham County Court,

Ashford County Court,

Barnsley County Court,

Bournemouth County Court,

Brighton County Court,

Carlisle Combined Court Centre,

Derby Combined Court Centre,

Rotherham County Court,

Sheffield Laws Courts,

 

 

All the below courts have said ALL cases will be stayed whilst the outcome of the test case is decided:

 

 

Birkenhead County Court,

Blackpool County Court,

Bolton Combined Court Centre,

Bradford County Court,

Canterbury Combined Court Centre,

Gateshead County Court,

Halifax County Court,

Leicester County Court,

Luton County Court,

Oldham County Court,

Plymouth Combined Court,

Southend County Court,

Telford County Court,

 

The situation at the below is still unclear:

 

Aberdare County Court,

Aberysthwyth County Court,

Accrington County Court,

Aylesbury County Court,

Banbury County Court,

Barnet Civil and Family Courts Centre,

Barnstaple County Court,

Barrow-in-Furness County Court,

Basildon Combined Court,

Basingstoke County Court,

Bath County Court,

Bedford County Court,

Birmingham Civil Justice Centre,

Bishop Auckland County Court,

Blackwood County Court,

Bodmin County Court,

Boston County Court,

Brecon Law Courts,

Brentford County Court,

Bridgend Law Courts,

Bromley County Court,

Burnley Combined Court Centre,

Burton-upon-tweed County Court,

Bury County Court,

Bury St Edmonds County Court,

Buxton County Court,

Cambridge County Court,

Cardiff Civil Justice Centre,

Carmarthen County Court,

Central London County Court,

Chelmsford County Court,

Cheltenham County Court,

Chesterfield County Court,

Chorley County Court,

Clerkenwell and Shoreditch County Court,

Colchester County Court,

Consett County Court,

Conwy and Colwyn County Court,

Coventry Combined Court Centre,

Crewe County Court,

Croyden County Court,

Darlington County Court,

Dartford County Court,

Dewsbury County Court,

Doncaster County Court,

Dudley County Court,

Durham County Court,

Eastbourne County Court,

Edmonton County Court,

Epsom County Court,

Evesham County Court,

Exeter Combined County Centre,

Gravesend County Court,

Great Grimsby Combined Court Centre,

Harlow County Court,

Harrogate County Court,

Hartlepool County Court,

Hastings County Court,

Haverfordwest County Court,

Haywards Heath County Court,

Hereford County Court,

High Wycombe County Court,

Horsham County Court,

Huddersfield County Court,

Huntingdon County Court,

Ilford County Court,

Keighley County Court,

Kendall County Court,

Kidderminster County Court,

Kings Lynne County Court,

Kingston-upon-Thames County Court,

Lambeth County Court,

Leigh County Court,

Lewes Combined Court Centre,

Lincoln County Court,

Liverpool Civil and Family Court,

Llanelli County Court,

Llangefni County Court,

Lowestoft County Court,

Ludlow County Court,

Macclesfield County Court,

Maidstone Combined Court Centre,

Manchester County Court (Crown Square)

Manchester County Court (Deansgate)

Mansfield County Court,

Melton Moybray County Court,

Merthyr Tydfil Combined Court Centre,

Middlesbrough County Court,

Milton Keynes County Court,

Mold County Court,

Morpeth and Berwick County Court,

Neath and Port Talbot County Court,

Nelson County Court,

Newark County Court,

Newbury County Court,

Newport (Gwent) County Court,

Newport (Isle of Wight) County Court,

Northwich Magistrates and County Court,

Nuneaton County Court,

Oswestry County Court,

Penrith County Court,

Penzance County Court,

Pontefract County Court,

Pontypool County Court,

Pontypridd County Court,

Poole County Court,

Portsmouth Combined Court Centre,

Preston Combined Court Centre,

Rawenstall County Court,

Reading County Court,

Redditch County Court,

Reigate County Court,

Rhyl County Court,

Rugby County Court,

Salisbury Crown and County Court,

Shrewsbury County Court,

Skegness County Court,

Skipton County Court,

South Sheilds County Court,

Southampton Combined Court Centre,

Southend County Court,

Southport County Court,

Southwark County Court,

St Albans County Court,

Stafford Combined Court Centre,

Staines County Court,

Stockport County Court,

Stourbridge County Court,

Stratford-upon-Avon County Court,

Swansea Civil Justice Centre,

Swindon Combined Court,

Tameside County Court,

Tamworth County Court,

Taunton County Court,

Teesside Combined Court Centre,

Trowbridge County Court,

Truro County Court,

Tunbridge Wells County Court,

Uxbridge County Court,

Wakefield County Court,

Walsall Hearing Centre - County Court,

Wandsworth County Court,

Warwick Combined Court Centre,

Welshpool and Newton County Court,

Weston-Super-Mare County Court,

Whitehaven County Court,

Wigan County Court,

Willesden County Court,

Wolverhampton Combined Court Centre,

Workshop County Court,

Worthing County Court,

Yeovil County Court,

York County Court

:madgrin:

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I have already sent this in to the court for consideration. The moment i found out the claim had been defended and transferred to my local court, i sent that in, along with the print off from the bank and their letter about all stays being granted etc.

 

According to my local court, Abbey have not asked for a stay on my case and my case has been put before the judge for a directions dates. However, the court manager said that the judge had receieved directions regarding the stays and was taking this under advisement.

 

After that I contacted MCOL to see what was happing with claim 2 (as they had till the end of this week to defend). This was when i was told by them about the stay directive from High Court.

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MADOLDBAT...

Saw that you are at West London CC tmr. Just wanted to wish you good luck. I'm there next Tuesday also against Abbey. Do you have a thread that you will be updating after your hearing as I'd really appreciate knowing what happens....

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Hello Feater - Another West Londoner eh?

 

I am starting to cack it as I have two more days before the hearing and calling the court every day (you may have read my previous ramblings). Anyway, now the hearing may or may not go ahead depending on this latest news re. High Court direction, the Abbey may or may not apply for a stay either before or at the hearing. I doubt very much indeed that they pay up the day before as people have been suggesting!! :lol: :lol: (But you never know!)

 

When I've called the court they seem a bit in the dark re stays of claim and just keep saying that the Abbey haven't applied so just stay cool and turn up for the hearing - hope that puts your mind at rest, you might want to give them a (daily lol) call yourself to see if you can find anything out.

 

I shall certainly keep you posted if I hear anything else - and you pass on anything if they give you a clue,

 

Best wishes and good luck,

MOB

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hi icy,

 

I would'nt think anyone who like you and lee would think you have taken it over, it's just some people have more time, sorry rephrase that, MAKE more time to update the list like yourself.

 

As i posted earlier, I am just sorry that my initial post regarding the directives from the high court is filtering through to more courts, and I think it is totally outrageous that despite the test case not officially started yet, the the FSA, FOS and the OFT are NOT pulling the reigns in on the banks and contesting the high court directive until atleast the actual START fo the test case, remember they are all just gathering their evidences NOT in the actual court process yet!!!:mad:

 

Why won't somebody, wether it be a moderator, administrator or site helper or even those wonderful equall rights people (if you're a Financial Institute, NOT a customer!) the FSA, FOS or OFT see what is going on and clarify a couple of points regarding the actual test case? Halifax CC told me that the test case does not START until October at the EARLIEST, some say Jan 2008 so why are'nt we allowed to continue with our claims until the actual start?????:mad:

 

Enough said.

 

ps I clicked on the new reputation comments cos I got one and It dissapeared:eek: how do I find it:confused:

 

stay fresh peeps

keep fighting

 

regards

chris

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Good morning, as it currently stands all standard bank charge cases where you are seeking to reclaim overdraft / direct debit charges etc will automatically be stayed.

If I can be of any further help please let me no.

Nathan Mitchell

AO

Kingston Upon Hull Combined Court Centre

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Mr Atkins,

The majority of cases against the banks included in the OFT test case are being stayed. However, the Judges do have the papers referred to them to consider the merits of each case individually before giving an order.

Miss S Adderson

Milton Keynes County Court

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"York County, Enquiries" to me

 

 

Dear Steve,

Bank charges claims issued in this court are served on the Defendant in the usual manner but then if the Defendant files a defence the claim is referred to the District Judge for his directions and it would then be entirely up to the Judge whether the claim was stayed or not.

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Hi Madoldbat,

 

I'll give them a call tmr, think it will be really out of order if they do allow a stay considering how close the dates are... I did have a proper court date but I amended my claim to include more money so now it's been changed to a hearing to discuss the amended amount. If Abbey do not turn up I'm hoping i will get a judgement there and then rather than wait for another date...

 

Good luck and I'll update my post if I find out any differing info.

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Hi

 

Looks like Weston-super-mare County Court are staying all cases (with a small exception)

My case was due to be heard early Sep, I had until Monday 20th to submit my bundle (which I was going to do Wed/Thur as I have been on holiday). I phoned last week to find out if cases are being heard or stayed, the clerk said "all bank charges cases are going before the judge on Monday for review, the likelihood is they will be stayed unless an offer has been made". I said I would phone up on Tuesday to check, before I got the chance to phone up I got a General Form of Judgment or Order staying my case.

 

I take it the following is the usual/normal wording (wonder if HMCS have a template in circulation)

 

"Before DJ C etc

 

Upon neither party attending

 

IT IS ORDERED THAT

The hearing listed for 3rd Sept 2007 be vacated and the allocation to small claims track be cancelled.

 

The action will be stayed until 28 days after publication of the decision in the OFT V Abbey National test case filed in the High Court on 27 July 2007 to reduce the need and or/amount of litigation in these types of cases.

 

The stay will also afford the parties an opportunity to try and settle the matter without a court hearing. The parties should notify the court immediately if the claim has been settled and provide a draft of any order the parties wish to invite the court to make.

 

Liberty to apply to remove the stay.

 

File to be referred to DJ after the end of the stay.

 

Dated etc"

 

not happy but...........the interest will be nice unless of course they try and freeze that as well...........

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Today the Clerk at Blackpool County Court Informed me that " as a result of new direction from above" we will no longer be in the minority of courts applying blanket stay. she wouldn`t give me any other info. But looking at list now was only 5 this AM something appears to be going on. Anybody know any more?

=======================================================================================================

[sIGPIC][/sIGPIC]

 

 

 

Halifax Won £1180.00

NatWest Won £876.00

Halifax 2 N1 submitted 20/07/07 stayed 24/08/07 N244 Application filed 31/08/07 hearing set for 12/11/07 rescheduled for 29/01/2008. Application dismissed stay still in place.

Charity Group £200 compo for lost passport.

HM revenue & Customs; demand for WTC overpayment £632.12. Disputed, their error. Did not have to repay.

All opinions expressed are my own and have no legal standing and no connection to CAG

 

All errors/typos etc are not my fault the blame lies with the spelling gremlins

 

<<<<<< If any of this has been helpful, PLEASE click my scales

 

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judges getting told to stay cases by high court ruling, in otherwords the banks must have pulled in a few favours and told the big judge they'll let him off his loan and settle it no questions if he does this little favour for them.lol:D

 

The thing is, i've said it before and I'll say it again, the spineless watchdogs (that is the FSA, FOS and the OFT) are so afraid of upsetting the banks by not putting conditions on the stay to help the consumer that unless we collectivly work at a reasonable solution to get the Financial Authourities (as above) to reverse the stays and start supporting the consumer (US) with a big enough clout than signing a petition which in all fairness (more than the FSA,FOS and OFT have offered) may have some impact, I personally don't think it will work, I think we have to individually write and send a letter to each individual authourity (3 sperate letters) asap without any threats (as this will be negative feedback) and ask them why they gave into the banks and did nothing to support us.:mad:

 

I've gone one step[ further and complained to the Office fro Judicial complaints on the matter and posted it on my thread 'chrisking1962 v nationwide' if you want to check it out, by all means feel free. Any comments on it or if you want to use it, just go ahead, just remember to tweek it to suit your needs.;)

 

I am currently trying to produce a better letter to the FSA,FOS and OFT, but I'm not the quickest 1 finger typer on the block, so bear with me for an update! Trouble is I am posting on so many threads I lose track of what, where and when I posted, so I will post mostly on my own threads! lol.:cool:

 

can anyone actually confirm when the TEST CASE Actually starts?? As this could have a significant bearing on the stays!! if it has'nt officially started then why are the stays being granted pre trial? when the courts could be clearing some cases already in the system which could only help the courts for the onslaught when the banks lose!!! sorry did you read that bank managers,? i'll write it again just incase and in capital letters 'WHEN THE BANKS LOSE' in feb 2008.:D;) we know your watching and reading and 'QUAKING IN YOUR BOOTS' (nearly put quacking and thats an insult to our ducks, sorry ducks) keep watching and keep reading but the end result will be the same, you owe us so pay up, works both ways!

 

stay fresh peeps

 

regards

chris

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