Now that it is official

[ICY]

That court have stayed cases pending result of OFT report, how is the best way to request a set aside of the stay.

 

Until now we werent sure what would happen, but quite a few people have been told at court that the claim had been stayed due to the OFT announcement.

 

We need to work on a statergy now to counter the banks requests for stays. I have been thinking about it but I have to admit i am stumped this time.

 

I have had the judge looking at a claim of mine today but i dont know how that went, and wont find out for a few days, however the reason he was looking at my claim was that the bank had failed to file AQ and in mine i had requested strike out of the defence.

 

I take it people have been working on how to have these stays set aside, reason i ask is that on one of my bits of paperwork for Abbey it says on an order i have received from the court that Abbey only have

not more than 7 days after the date on which this order is served

If this is the case on all claims then we really need to get together and sort something quick but worthwile submitting to the court, some people have been given the stay at court today and they will obviously need to give it a go to try to cancel out the stays.

 

Sorry if i am treading on anyones toes here.

[Noddy73]

Agree with you. Had a thought at work today. HSBC Defense says it is a service. So how about requesting the removal based on the fact that OFT is UTCC and I am wish to use SOSG, Common law, etc. So OFT is only one point of law.

[ICY]

I am not in any way panicking and neither should anybody else, we just need to prepare now

[Destinyofsouls]

Abbey's defence say it is a breach of contract. In the test case they are saying it is a service. In this respect the test case has nothing to do with Abbey's defence.

[everyman06]

Abbey's defence say it is a breach of contract. In the test case they are saying it is a service. In this respect the test case has nothing to do with Abbey's defence.

 

Yeah,i also had my case stayed and it says i have seven days to reply..... so something needs to be thought up and quick,if i may say so

 

also,i am wondering about going to the hardship route,but i read in the other forum that the banks decide??? :-?

 

is that true?

[jules1973]

We rung the court yesterday, and our case was being processed, but the clerk remembers that ours has been stayed and we are likley to receive a letter letting us know the date it has been stayed to. We were up to the point where we were waiting on the judge to decide the directions so we werent that far up in the court chain.

[GuidoT]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

[ICY]

Just read it, and that looks fantastic, well done GaryH that should give us all a fighting chance to attempt to beat these bankers

[spicester]

thats great stuff Gary cheers for that!!!

[Camdenite]

Cheers Gary. It's a relief to know that the gears at CAG are revolving as normal behind the scenes.

[GuidoT]

Further update on stay and alternative stay removal request:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

[Destinyofsouls]

Yeah,i also had my case stayed and it says i have seven days to reply..... so something needs to be thought up and quick,if i may say so

 

also,i am wondering about going to the hardship route,but i read in the other forum that the banks decide??? :-?

 

is that true?

 

I rang the FSA yesterday and they told me that you have to apply to the bank in writing outlining your case for hardship. They will then decide if it warrants processing. Then you have to take it to the Ombudsman for them to act on your behalf.

[everyman06]

I rang the FSA yesterday and they told me that you have to apply to the bank in writing outlining your case for hardship. They will then decide if it warrants processing. Then you have to take it to the Ombudsman for them to act on your behalf.

 

cheers for the info mate!!

 

i've just come back from Brighton County court and the clerk told me that my application for removal of the stay will probably be unsuccessful as it was the District judge who gave the order... however i will apply for a lift to the circuit judge. I should go ahead using the template GaryH thought up,right? Even if the chances are slim.... some encouragment por favor!

 

regarding the hardship thing,whom should i ring at grableys?? The litig. dep??

cheers for all the help!!!

[welshcakes]

Hi everyman

 

If you fall into hardship catergory, then the second template Stay Objection (courtesy of penaltycharges.co.uk) cites a paragraph about grounds for people in receipt of benefits.

 

You can also cut and paste this section into your letter to the Lit dep't.

[everyman06]

Hi everyman

 

If you fall into hardship catergory, then the second template Stay Objection (courtesy of penaltycharges.co.uk) cites a paragraph about grounds for people in receipt of benefits.

 

You can also cut and paste this section into your letter to the Lit dep't.

 

well, i don't get any benefits,but i pay for my education and have very little left each month... does that count?

[LEECHTHEBREACH]

I attended Redditch County Court yesterday for my daughters claim against RBS. The day before RBS had credited her account with 7 years charges + interest on the charges + s69 interest.Cobbetts barrister attended (a young chic)

I asked for the case to continue because inter alia I wanted the estimated charges of £700 pre 2000 and I wanted to invoke the new and very important precedent just set on the 18th July 2007 Sempra Metals v HMC of Inland Revenue for the interest issue.

The judge said that as RBS had paid me what it had then he would stay the case till the High Court judgement, because it may affect the charges pre 6 year and the interest part. I said that as RBS had credited her account then they had admitted that the charges were penalties and as the OFT case was about the UTCCR IT WAS NOT APPLICABLE IN YESTERDAYS CASE. I showed him the above application against the stay and he said that what he had set would be so.

He said that perhaps it may be a good idea that RBS might have further dialogue with me regarding the interest (I took that as a joke) but the case is still open till the HC judgement.

I also asked him how he would be re-acting about further cases re the OFT)and he replied that the banks had settled quite a few cases that day and every case and further filed cases were on there merits.

I drew a conclusion that as far as that court was concerned that providing you keep to the 6 year rule and s69 interest he would not be staying the cases.

He was a sensible judge and a nice chap, totally unlike a stand in judge the week before at Redditch C.C. who was totally negative and threw a credit card case out (not mine).

I said I was going outside now and may be sometime!

Leech