Jump to content

 

BankFodder BankFodder


Annoyed from Caerphilly

Any point in seeking to get a stay lifted ???

style="text-align:center;"> Please note that this topic has not had any new posts for the last 4664 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi,

 

Like many others, who I imagine are close to despair over the effect of the Test case, I am gutted. My case against A and L was due to be heard in court on the 14th August. Moreover, I have just noted from the A and L website that re court cases their position is:-

(from website...) Can I make a court claim for a refund during the test case?

 

Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

 

Is there any point is seeking to ask the court to overturn the stay - possible arguments: A and L are not party to the test case, inappropriate to stay a case for over a year merely to await a decision on general principles, appropriate for case to go ahead and A and L to exercise their right to appeal should they lose OR is it likely that any reqeust for a stay to be lifted will be a complete waste of time; i.e., no judge in the land is going to lift a stay whilst points of law are being examined in a higher court.

 

Could do with some advice, particularly from site moderators, or (no disrespect meant) from those in the know....if there is benefit is seeking to have a stay lifted it would be great is someone could advise me of the procedure to follow !!!!

 

Any ideas, advice or solutions re above and re turning my mind away from jumping off a bridge (so near to Court yet perhaps now so far) ?????

Share this post


Link to post
Share on other sites

hi caerphilly

 

please don't despair

or get too down-hearted

 

we're all here together in this

and at the very least - the sun is shining down on us today !

 

I personally feel that each judge in each court is going to react differently.

some may not even grant a stay if a&l apply for them.

 

At the moment no-one knows what is going to happen,

or how the different judges around the country are going to react.

 

I myself, am going to ring my local court tomorrow, to get their views/advice on how they are going to handle the current state of affairs.

 

It might be worth your while giving your local court a ring -

 

I think this is your Best Option right now - and at least you will know where you stand.

 

come back and let us know what your Court say.

 

take care

chin up

 

and SMILE :p

 

and I'm sure a moderator will come along shortly to put your mind at ease !

 

alice down the rabbit-hole - again !

xx

Share this post


Link to post
Share on other sites

Thanks,

 

Your reply brought a smile to my face - you're right, it's a bright day after weeks of wet weather; what the heck, we all need to hang on in there. I see what you mean re each Court deciding how to proceed - if nowt else the judge lined up for my case was willing to give Shambo a stay of execution !

 

Thanks for advice, moral support and lift - all the best. Bollocks to the banks !!!!!!

Share this post


Link to post
Share on other sites

Thats so good to hear

 

Its only money anyway :p

 

money we thought we'd never ever see again

 

so when we get it back

 

its going to be a huge Bonus

 

(problem is now we've decided to reclaim it back

its all earmarked for something else

paying off other debts, holidays, new cars, new dentures, etc.)

 

You're nearly there now anyway

You've done all the hardwork, the claiming and the

paperwork and the court bundle research.

 

All you're waiting for is your Court Date

so whenever that is likely to be

chill out

because sooner or later

that money you thought you'd lost forever

years ago

is going to come winging back your way again !!

 

and then you'll be LAUGHING :p

like never before

 

Ooooohhhhh whats that noise ?

 

I can hear you rubbing your hands

together from here,

waiting for that lovely lolly to land in your lap.

 

(you could burn toast on the friction !)

 

think we should make your parting words

our a&l fighting logo !!! ha ha ha

 

alice xx

Share this post


Link to post
Share on other sites

hi, I just to let you know guys that I have won my court case against Lloyds TSB total: £3700 I am now in the process of waiting for 28 days for Abbey to defend my case, they have until 28th Aug 07 and I will phone the county court the next day if they have file a defense yet if not I will ask the county court for judgement. Don't give up now guys...and good luck 2 u all. fingers cross wish me luck

Share this post


Link to post
Share on other sites

Thanks for post - we all need a little encouragement

 

and Well DOne:D

 

jan


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Share this post


Link to post
Share on other sites

Hello, I just spoke to Romford County Court, that is where my case will be heard, The woman i spoke to said that the court is not granting any of the banks a stay, and that i will be getting a court hearing in the next few weeks, so hopefully all the courts will have the same idea :)

 

clue

Share this post


Link to post
Share on other sites
Hi,

 

Like many others, who I imagine are close to despair over the effect of the Test case, I am gutted. My case against A and L was due to be heard in court on the 14th August. Moreover, I have just noted from the A and L website that re court cases their position is:-

(from website...) Can I make a court claim for a refund during the test case?

 

Yes, but we will apply to the court to put your case on hold while the test case is running. This is because the issues being raised in customer complaints on unauthorised overdraft charges are being considered in the test case.

 

Is there any point is seeking to ask the court to overturn the stay - possible arguments: A and L are not party to the test case, inappropriate to stay a case for over a year merely to await a decision on general principles, appropriate for case to go ahead and A and L to exercise their right to appeal should they lose OR is it likely that any reqeust for a stay to be lifted will be a complete waste of time; i.e., no judge in the land is going to lift a stay whilst points of law are being examined in a higher court.

 

Could do with some advice, particularly from site moderators, or (no disrespect meant) from those in the know....if there is benefit is seeking to have a stay lifted it would be great is someone could advise me of the procedure to follow !!!!

 

Any ideas, advice or solutions re above and re turning my mind away from jumping off a bridge (so near to Court yet perhaps now so far) ?????

 

 

if you are still there - read my thread - now in successes!

 

It worked for me

 

jan

 

icon1.gifThe Stay - Here is the application grounds for the removal of the stay


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...