OFT v Banks - **Don't panic!!!**

[GaryH]

This is not case at all i'm afraid it covers all penalty charges under UTCCR

Indeed.

 

stonedecroze,

 

Any chance you can amend the font you are using please, preferably to one for which you don't need prescription sunglasses just to read the post?

 

Sorry if it seems pedantic, but if everyone did it threads would be a nightmare to read!

 

Cheers.

[sunn1]

Should I go ahead and file my N1 against Halifax today as planned.?

 

Had a letter off Halifax saying they will apply to court for an order to stay my action until resolution of the proceedings with the OFT.

 

Should I file or not.? Help please.!!

[saintly_1]

Personally I would still file the N1

[deadlykiss]

hi Sunn carry on as normal is not up to banks its up to judge from what im reading on diff threads ,, keep at it and good luck

[kfdh1962]

exactly as deadly kiss says... file as normal .. if they apply for a stay its still at the judges discretion whether its granted or not... and if it is then you can apply to have it set aside

[un1boy]

exactly as deadly kiss says... file as normal .. if they apply for a stay its still at the judges discretion whether its granted or not... and if it is then you can apply to have it set aside

 

Have we got a system for this though? The recent removal requests have not been granted!

[Johnsworld]

I've read this thread with interest but following it has been difficult as so many things have been introduced. I was hoping someone would have answered Mitsy's question but the next thread went off at a tangent talking about SOLA.

 

I appreciate that SOLA is important to future cases but with all respect to previous posters I'd like to bring the thread back to the question of imminent court hearings.

 

There is some confusion about complying with directions and the courts response to the banks when they fail to do so. My bank filed defence two weeks late and it was allowed.

 

I'll be in court in two days, but the bank have never provided bundles as directed by the court. I wrote asking the bank for its bundle but was ignored. I considered failure to comply with directions but was told on another thread that the banks didn't have to submit a bundle if they intended to rely on the facts of their initial defence. I phoned the court 2 months ago and asked about the banks failure to comply and was told that I could write and tell the judge and he might request they send it. No question of the case being struck out!!

I phoned the bank a month ago and was told they intended to make an offer nearer the date. Phoned the bank today and they say they are sending a represenatative to court to request a stay.

I will go prepared to argue the case but is there anything else I and others in my position can or should do?

Thanks,

John.

[nicsussex]

Johnsworld - this might cheer you up a bit

 

http://www.consumeractiongroup.co.uk/forum/general/109416-barclays-refused-stay-we.html

[Johnsworld]

Nic, you're a star! It might be a one off but who knows. It's a glimmer!!

I may try to introduce the decision into my arguments if Barclays decide to try for a stay.

Thanks again,

John.

[Leecabs]

Yippee a win! Cheers me up!

[Simon7685]

Is it possible despite the banks postponing payment, that if you win your case you can ask for it to be paid under the grounds of financial hardship? i.e Being incapacitated by the DWP and in receipt of benefits?

Would this be appropriate if my case was stayed by the court before its conclusion?

 

Cheers Everyone

Simon:)

[Varangian3]

Simon

 

I think that benefits and financial hardship are probably the best grounds you could have to apply for a stay to be lifted. Even better if you can show that the bank has been taking your benefits as penalty charges.

 

Use the revised guidance for applying for the lifting of a stay, but make sure you spell out very clearly the issues around your financial position. Also be prepared to go to the court to justify these claims.

 

Hopefully you will have enough grounds to force the stay to be lifted.

 

Good luck with it.

 

Varangian

[waggon]

Is it not likely that we turn up and they ask for a stay and then thats that? My allocation to the Small Claims Track stated both parties had to send to all three parties statements etc, also from my Draft Order for Direction that the defendant had to file a response. Is it in this area we have a chance of catching them?

[Johnsworld]

No. You turn up and tell the Judge you oppose the stay and presnet your reasons. Use the CAG template as a basis - print it out and present it to the Judge (copy for the defence of course). You don't have to read it out, just let him read it and consider the arguments.

 

You don't say exactly what statements the bank were required to send or what response they were required to file but it sounds like failure to comply with the directions of the court.

 

There is a template on the site dealing with that as well. Again print out a copy for the Judge and one for the defence. It's unlikely to succeed but it's worth a try. It gets the Judge a bit on your side and unsettles the defence. In my case the advocate was so flustered she made up a really stupid excuse and the judge rebuked her for it. They come to court expecting only to argue for a stay and are quite unprepared if you introduce a document alleging their failure to comply.

 

Good luck with your case.

 

Regards,

John.

[The Phantom]

Co-Op paid up today in full without even mentioning the test case

Took two letters, last one (LBA) sent after the test case was announced.

Refund put directly back into bank account , letter from them received today but dated 10.08.07

As I said, they didn't even mention the test case, just coughed up "as a gesture of good-will" although they insist it was all my fault for not looking after my money in the first place. (True, somebody just keeps taking large chunks out of my account and calls it a fee)

Anyway, quite pleased with this, didn't even have to file for court action

[Leecabs]

Yippee another bank crumbles! Well done:)

[robertsathome]

Hi all,

 

I have been on hols for a while and then away on business. Just opened a letter from the Leicester County court - notice of allocation to small claims track (hearing) and a deadline of 17 Aug for claimant to provide copies of statements; statement of evidence (is this the CAG court bundle??) etc. In light of OFT test case do we still need to submit all this???

 

If so, I have another challenge apart from the deadline............

 

CAG bundle is 40 pages plus OFTsummary action (4 pages) plus Government EDM (1 page) plus my copy bank statements (another 40 pages) makes 95 pages x 3 sets= almost 300 sheets and probably 2 print cartridges = £50 - and my printer has packed up!!!!

 

Can I ask for more time? Should I call the court manager?

 

Any suggestions???

[Leecabs]

Hi yes submit it you could get in before abbey stays I would run it down to the court yourself, because if Abbey fail to submit before the deadline you can apply for a judgement against them! Their defence will be thrown out.

 

If they havent stayed yet this may be a quick and easy result for you!

 

Good luck

 

Leecabs:)

[Johnsworld]

I have to admit that I'm a bit confused about the banks failure to comply.

 

Some posts say you can get their defence thrown out others that they don't have to submit a bundle.

 

My bank didn't submit a bundle. I requested that the Judge consider that before hearing the request for a stay but he just asked the defence why they hadn't complied. They made up a stupid excuse and were rebuked for it by the Judge, but it made no difference and the application for a stay was allowed to proceed.

 

I don't think it's clear and I don't think anyone should assume they can get a judgement by default just for that.

 

Thanks,

John.

[Scoot 10]

hi, about to go to court in two hours time against barclays! I am assuming their barrister is going to be there to apply for a stay as the courts say the case is still due to go ahead - any advice would be very welcome. Not sure what to do or say when I'm there! Thanks

[Johnsworld]

You still there Scoot? If so and you have time read post 113 on my thread: johnsworld v Barclays Bank. I went to court and lost against the stay but have put down what I'd do differently.

 

DO NOT discuss anything with their guy before you go into court. They'll try and manipulate you. Unless of course they'd like to settle. I think I'd ask them just to annoy them.

 

Good luck. I hope this is in time to help.

 

Regards,

John.

[charliedog]

I rang Leicester today cos my case has been stayed altho apparently DG did send AQ in - was told again by clerk that it was due to the content of "my Particluar" case that it had been stayed and not all cases are being stayed ..depends on the content - anyone know exactly what he means??? Feel again now like I have done something wrong and the judge has found it and therefore has said - Stay Charliedogs's case !!

[jansus]

now thats strange - as when i sent my N244 appeal against stay - my judge asked for copy of signed POC. then agreed to see me. - dont know what outcome would have been as when I told bank they settled.

 

Jan

[charliedog]

Hi Jansus - but he should have my POC as part of the MCOL I completed when I first submitted my claim online?

[jansus]

I am not quite sure whether there could be a problem - but I used the template for POC from here for MCOL - it is restricted as there is not much space for details. Also now there is a recommendation to file by N1 at your local court with new POC ( see above your banks section) but now it will be too late to change them without filling out a special court form and paying for a change.

 

However I was told with mine the court may have lost the POC as sent by MCOL and also it is not technically signed (as done on line) When I sent mine in the judge said he would discuss the stay - but of course now settled I dont know what would have happened.

 

I dont know of anybody else who has failed because of MCOL POC.

 

are you going to appeal against the stay?

 

Jan