Which courts are carrying on????

[withoutapaddle]

I called-up Wellingborough CC a few days ago.

 

They are proceeding as normal. But they have one hellava backlog so I won't be hearing from them for sometime.

 

 

Just goes to show how observent I am. I knew there was a court of some kind next to the cop shop but didn't realise it was a CC, I thought it was some local carrat crunchers court for the farmers to sort out there disputes in!!!!!!!! :D Oh well, Could have saved me petrol and parking costs, traveling All the way to Northampton!

 

 

 

 

 

Nope that's not the CC, the CC is by the Job Centre on West Villa Road. Not the easiest of buildings to spot but it's there

[chrisking1962]

Hi all,

well just done my follow up phone call regarding Nationwide at Halifax County Court, and they've just dropped me a bomb shell.

Apparently the cheif justice as today announced a blanket stay on ALL courts, when I questioned this the lady said ALL courts ALL claims, and if I were to send my Request for Judgement in with the box A ticked 'The defendent has not filed an admission or defence to my claim etc' then I would just have this returned to me via the post.

She stated the Test case goes to trial in the High Court in October and the stay will be removed no earlier than the 29th February 2008 (if a decision is made by then).

I did explain that I had already sent in my claim and wished to continue, but she then stated that she was notifying me that she had put a stay on MY claim there and then which I felt a bit agreived with.

I will risk sending my request for Judgement anyway, even though she said it would'nt go anywhere.

 

Will try again tommorrow just incase somebody else says something different, and will try and get wording from them.

 

keep you informed

regards

chris

[marmite-girl]

yikes

i rang my court today (wrexham, north wales) as my case is being heard this friday, i asked if abbey had submitted anything and was told no.. and to turn up on friday as it was business as usual - this has been consistent with wrexham now, as i have rung a few times to check!

will wait and see if i hear anything different!

thanks for keeping us informed though

marmite x

[squeak20]

Goodluck with Friday. I am due in on Monday and still have no defence etc from Abbey but have been told to turn up (Business as usual).

[chrisking1962]

good luck people,

I guess I'll have to wait, tried bradford cc for a new claim and they said all on stay, tried Skipton, they said no decision and buisiness as usual, but they did say their was no Circuit Judge OR court Manager in today so have to wait for their decision. Under impression directive sent out this morning from big chief sitting bull at High Court? but not clarified.

again good luck with those continuing.

regards a disgruntled:(

chris

[GuidoT]

Hi all,

well just done my follow up phone call regarding Nationwide at Halifax County Court, and they've just dropped me a bomb shell.

Apparently the cheif justice as today announced a blanket stay on ALL courts, when I questioned this the lady said ALL courts ALL claims, and if I were to send my Request for Judgement in with the box A ticked 'The defendent has not filed an admission or defence to my claim etc' then I would just have this returned to me via the post.

She stated the Test case goes to trial in the High Court in October and the stay will be removed no earlier than the 29th February 2008 (if a decision is made by then).

I did explain that I had already sent in my claim and wished to continue, but she then stated that she was notifying me that she had put a stay on MY claim there and then which I felt a bit agreived with.

I will risk sending my request for Judgement anyway, even though she said it would'nt go anywhere.

 

Will try again tommorrow just incase somebody else says something different, and will try and get wording from them.

 

keep you informed

regards

chris

 

Usual nonsense from the banks - DO NOT LISTEN TO THEM THEY WILL TRY UNDERHAND TACTICS TO PUT YOU OFF CLAIMING. There is no blanket stay, judges can decide on a case by case basis. Send in your request for judgement.

[jules1973]

Hi all,

well just done my follow up phone call regarding Nationwide at Halifax County Court, and they've just dropped me a bomb shell.

Apparently the cheif justice as today announced a blanket stay on ALL courts, when I questioned this the lady said ALL courts ALL claims, and if I were to send my Request for Judgement in with the box A ticked 'The defendent has not filed an admission or defence to my claim etc' then I would just have this returned to me via the post.

She stated the Test case goes to trial in the High Court in October and the stay will be removed no earlier than the 29th February 2008 (if a decision is made by then).

I did explain that I had already sent in my claim and wished to continue, but she then stated that she was notifying me that she had put a stay on MY claim there and then which I felt a bit agreived with.

I will risk sending my request for Judgement anyway, even though she said it would'nt go anywhere.

 

Will try again tommorrow just incase somebody else says something different, and will try and get wording from them.

 

keep you informed

regards

chris

 

I heard that the test case was 14th Jan 2008 and was expected to last around 6-8 days

[bonnie0852]

Hi Bonnie,

What I can't get round is I've been posting since sept 2006 and youre 600 posts in front of me and you only started in April 2007! lol:p

 

regards

chris

 

 

Hi Chris, dont tell anyone but i talk a lot sssshhhhhhhhhhhhhhhhhhh (and not about bank charges either)!!!! lol

 

bonnie (with jaw ache) xxxxxxxxxxxxx

[kopw]

I went round to Caernarfon County Court today, just to see what's going on with my claim. The young lad on the counter told me that everything was carrying on as usual.

[ICY]

 

She stated the Test case goes to trial in the High Court in October and the stay will be removed no earlier than the 29th February 2008 (if a decision is made by then).

 

I did explain that I had already sent in my claim and wished to continue, but she then stated that she was notifying me that she had put a stay on MY claim there and then which I felt a bit agreived with.

 

 

A thought the case went to court late january

 

Was it a clerk who told you this, and can they issue a stay or does it have to be a judge.

 

IF this is true then its not good news, will check the court tomorrow for my claim

[chrisking1962]

Hi Icy,

I rang the Halifax County court regarding Nationwide defence, No defence received, I then enquired about 'Request for Judgement' to which the lady/clerk advised me the circuit Judge had put ALL new and pending claims on stay, and this was a blanket stay at ALL courts from a directive from a more senior judge down south. I asked her to clarify what she meant by blanket stay all courts, she confirmed this and got a bit angry and then proceeded to inform me that she had the authority to put a stay on my claim:eek:

I did indicate that I would like to proceed with the 'request for judgement' at which point she informed me that it would be sent back to me in the post as no action to be taken and that everyone will be informed in due course.

Now maybe it is just a few Courts doing this I don't know, but because I have 2 more claims to put in from start, I tested 2 other courts close to me for any different options. As I live near Halifax & Bradford, I tried bradford CC 1st and their reply was the same as Halifax, and due to directive from a higher judge they had been instructed to put a Blanket stay on all pending and new claims.

I also contacted Skipton CC and got a different reply, but as I put earlier they havent followed suit yet due to the fact there was no Circuit Judge or Court Manager there to make the decision.

Unfirtunatly I don't have the finances available to start my other 2 claims to get to Skipton to atleast get the ball rolling before there is a possibility of them putting a stay on their claims.

I hope it is only certain courts doing it and not the whole country or else we will have to counteract this by requesting a stay on all banks from taking any further charges until the outcome of the test case.

I am seriously thinking of asking the local district judge to grant a similar stay in my favor as the banks have been given with NO argument. as i will argue the point that the case should fair in both aspects that both sides should have equal bearing on any cases they are involve with, and as I am unable to progress MY side then i should be entitled to the fact that I should not incurr any further charges until the outcome of the test case. See how they likr it.

They say all is fair in love and war, yet there are 2 sides here and the FSA, FOS and the OFT who are allowing the banks this ruling should also be informing the banks that they should be giving in this instance and as they have had their wish granted they should pu a complete stop on all unlawful charges from now until the outcome of the test case. I wonder if they would rush the test csae through on that scenario?

Anyway, please DO NOT STOP what you are doing because I have had some bad news, like I said it might not be all over the UK and hopefully some courts will ignore the directive and continue. I just wish the Halifax decision was in favor of the consumer and NOT the deep pocketed money grabbing banks.

I will not be defeated in my next quest, and that is for the judge to understand mine and everybody elses annoyance at the one sided way the banks are again taking certain controls as to how we live or not. I'm really bitter towrds the banks, but I guess thats what they like.

anyway,best of luck, I'm going to sit down with a nice cup of tea and try and draft a letter requesting a sitting with the judge and to ask him if it would be possible to aorder a stay on any charges being taken from my account and use the test case as the banks have.

No doubt by the time I have written it and posted it there will probably be hundreds on the site who will have beaten me.lol;)

 

regards as always

chris:)

[Camdenite]

Hi Chris, That makes very interesting reading. If it is indeed the case, then surely something would have been put in big bold capital letters somewhere?

 

If it's any source of comfort, I had a similar response when filing a claim a couple of months ago "You'll be lucky to get it seen by a judge before this loophole closes". This was from a clerk on the reception desk! I hate to say it but there are plenty of people out there who resent what we're doing and see us as "feckless idiots who can't look after own financial affairs properly". You may just have got a couple of them on a bad day!

 

Keep us posted on how it goes and best of luck.

[chrisking1962]

Thanks Camdenite,

I too hope she was frustrated that her claim was''nt going through and I did say I would still request judgement and take my chances at it being returned, it's just the fact that Bradford CC said exactly the same and that lit my fuse a bit.

I have also posted on the abbey as I am on there and the Yorkshire bank ones, those are the 2 I havent been able to issue yet.

It was just the way she spoke to me, maybe she was from the banks and leant over the counter to take the call. lol.

any way if a mod could contact me:o I will gladly tell them what was said, although I have already told it.

keep plugging

regards

chris

[SickofAbbey]

Oh My God, just rang my local court (Newcastle upon Tyne) and gave them the claim number, the guy said that Abbey have applied for a stay pending the OFT Test Case result. The Judge has informed Abbey that they must apply on an individual basis rather than use a blanket stay for all claims. They must attend court tomorrow to apply for the stay.

 

He said the hearing is still on for tomorrow.

 

I asked if any of the banks had shown up in the past and he said that in the past they always settled before they got to court but now they don't in light of the OFT Test case. He said no banks have as yet shown up. (They will tomorrow I can guarantee that!)

 

I'm really panicking now.

[ICY]

Just called the court, told me the judgment had not been dealt with yet and could be up to another week, when i questioned the "blanket stay" he said the judges are reviewing each claim on a case by case basis, and he said there has not been a blanket stay on all bank charge claims, which is good news as going by some orders have received from Oldham they have some good judges

[chrisking1962]

I wish my judge would do that, never know I might be able to change his mind, will have to find out which judge it is, he may have a stake in the banks coffers. lol.

probably should'nt have said that.

regards

chris

[Leecabs]

Hi guys has anyone actually won a case since the OFT vs Banks high court case was launched?

 

Cheers

 

Leecabs:)

[stonedecroze]

Oh My God, just rang my local court (Newcastle upon Tyne) and gave them the claim number, the guy said that Abbey have applied for a stay pending the OFT Test Case result. The Judge has informed Abbey that they must apply on an individual basis rather than use a blanket stay for all claims. They must attend court tomorrow to apply for the stay.

 

He said the hearing is still on for tomorrow.

 

I asked if any of the banks had shown up in the past and he said that in the past they always settled before they got to court but now they don't in light of the OFT Test case. He said no banks have as yet shown up. (They will tomorrow I can guarantee that!)

 

I'm really panicking now.

 

 

 

Don`t Panic, take a deep breath and brass it out.

take a look at this and SMILE

overflow v Halifax PAY ATTENTION TO POST 311 ( soz haven`t sorted how to linky thing to individual posts yet:))

[ICY]

Hi guys has anyone actually won a case since the OFT vs Banks high court case was launched?

 

Cheers

 

Leecabs:)

 

Have a look HERE

[bonnie0852]

Hi guys, an update for anyone in Guilford CC..............................

After receiving my standard letter from Shabbey this morn advising me they are going to request a stay on my case i phoned the court to ask what happens in 5 days if Shabbey dont comply with the judges orders to submit docs confirming they are going to contest my case in court...............

he told me that they will automatically pass judgement in my favour and i dont have to do anything at all, no mention of stays etc..............

So this is good news isnt it??????

If anything its good news they havent stayed my case so now im praying that Shabbey get cocky and dont comply with his orders!!!!

Heres goes the Rollercoaster of emotions again!!!!

 

Bonnie

[Catchleen]

I called Watford CC regarding my case yesterday afternoon and was told that the bank hadn't applied for a blanket stay and it was down to the judge to give direction.

[ICY]

Seems like MOST courts are singing to the same hymn sheet then, it is still possible even if a court grants a stay then you can apply to have it set aside as per template letter, chrisking let us know what halifax say when you go there to submit your judgement request

[Leecabs]

Its great to see a win, pushes you on and the court are sending me a court date yippee! Thanks ICY

[mattyb13]

Hi guys has anyone actually won a case since the OFT vs Banks high court case was launched?

 

Cheers

 

Leecabs:)

 

 

Anotherwin

 

[chrisking1962]

Hi Icey,

just to let you know, went to Halifax CC and handed over my Request for Judgement only to be handed it back as all cases under bradford QC Judge Hawksworth are on stay pending outcome of test case early next year and an order on that has been sent to me via post.

 

I did point to the fact that not all courts were doing this and some courts were continuing at which point she did say this is up to each District Judge unfortunatly the Halifax judge was under instruction to put cases on stay.

 

When I enquired about contesting the stay I was informed I would have to pay a further £65 (thought it was only £35:confused: could be catching up to the banks charges!! lol:D ) and that there was no gaurantee that it would be succesful:( .

 

I will look for the thread regarding contesting the stay and probably attempt to contest it anyway, I've come this far, and ANY advice from you guy's, a site helper or Moderator woyld be more than appreciated.

 

On a lighter note, I have just drafted this ammended letter for what use it will be.

8th August 2007

Customer Services Manager

Nationwide Building Society

UC Hawksworth

NW 5001

Swindon

SN38 1NW

 

Dear Sir/Madam,

Re: Flex Account number: xxxx/xxxxxxx

Log Ref: xxxxx/xxx

As you should be aware, I am currently disputing the balance of my Flex Account on the grounds of unfair and unlawful penalty charges, which have been levied against me.

As this account is in dispute and now delayed due to the ongoing test case you have informed me of, I would like to remind you of The Office of Fair Trading Code for Guidance in which it states ‘putting pressure on debtors or third parties is considered to be oppressive. This includes: Ignoring Disputes about whether money is owed and refusing to FREEZE action if the debt is in dispute. As I am aware your unlawful charges come under this section and therefore should not be taken.

I would therefore be grateful if you would stop ANY charges on my accounts until the test case has been resolved, this would also come into effect if you were to contest the outcome of the case in Feb 2008, and should you have to return any mandates for whatever reason you seem fit, then this should be without charge to me as per your application for a stay which was allowed through the FSA, FOS and OFT test case.

I believe that as you kindly informed me of the request for a stay on all claims against you was granted and dated 27th July 2007, I trust you will take this into account and from that date you will no longer place any charges on my account, at which I will only add any charges NOT already imposed prior to this date. I will in all correspondences with either yourselves or the court quote the test case and the unfairness of the consumer’s rights being neglected.

Should you refuse my request for the above I will seek a court injunction to prevent you from taking any further action. I would also like you to take note that I will only correspond with you on these matters in writing.

Yours faithfully,

Regards as always

chris