Court

[pjdavies2000]

oh, and if they do rely on something - ie the test case - in the court room, ask the judge to consider this as abuse of process as you have not had the time to consider what this means to you.

 

In light of this, and the banks flagrant abuse of process, you would ask that the judge to consider continuing with the case as they directed, or if they feel a stay must be issued, that this is strictly time based, and given no more than one month stay, with the case being given a new time on the next possible date and time available. You consider that under your rights in the Human Rights Act that consideration of your right to a reasonable time scale for delivery of a case should be heeded, and an indefinite stay would infringe this right, especially as the bank have relied on this, giving myself no time to compile a thorough representation for the judge.

 

got to be worth a go!

 

Peter

[liztish01]

Hi

 

Thank you for that.. I rang the court and they said it is too late to apply for the defence to be thrown out and i said i should do it on monday...is this correct do you think??

 

I'm panicking now!!

 

Also when you said about the test case what do you mean?

 

The only things i have in my bundle are:

 

Charge schedule, Basis of charge, Relevant case law summary, Early day motion, Dunlop v new garage, utccr 1999, utca 1977, soga 1982 and OFT summary.

 

Please help!!

[pjdavies2000]

sorry - by test case I mean the OFT trial case aganist the 7 banks.

 

This is what the banks lawyer will be relying on, and as you have not been told what their defence will rely on you have been put at a disadvantage.

 

Have a go at rewording what I put above and see if you can amke it into something you are conformatble reading to the judge - there are stay removal papers on here somewhere so get one of those as well.

 

Don't worry too much the worst that will happen is the judge will issue a stay, which isn't losing by any means!

Fluffy also managed somehow to get her costs back - so might be worth trying to at least get your fees back from Barclays - tell the judge this has already been granted at (find out from fluffy) court and agreed by barclays.

 

Post here anything you want peeps to check for you

 

 

Peter

 

ps - don't panic, it's all fine!

[liztish01]

Thank you peter your an angel!

 

I'm just unsure of the following things:

 

What do i need to take with me apart from my original court bundle?

 

Do i have to read my case out in kind of a points format, i.e. point 1 point 2 etc...

 

If so shall i read bits out from the court bundle?

 

Argh!!!!

 

Liz

[pjdavies2000]

no, just be prepared - over the weekend it may be useful to write a set of points down, like you said, picking out the major points of law and where they are located in the bundle.

 

If you are happier reading a statement, then write something down and read verbatum to the judge - they know you are not a lawyer, but don't want you waffling on for hours!

 

Good luck!

 

Peter

[liztish01]

Thank you Peter... i will do.

 

I'll let you know what happens!!

[rubberlips64]

Hey, thanks to all who have offered words of encouragement and support, it means an awful lot

bbch60 the judge bought up the matter of costs but only costs that had been incurred on the day of attending court i.e loss of earnings, child care etc Good Luck my friend you'll be ok

liztish01 You will be fine, if i can do it anyone can do it. Read the bit on my thread from Dar£n it is very encouraging and spot on. I just took my bundle and the bit saintly 1 supplied re: Stay, that was all i needed. The judge leads the way, i hardly said anything. Honestly, you'll be fine & wonder what all the fuss was about afterwards. Good Luck

[rubberlips64]

Hello

Am in court again today - 2 pm - think Barclays will be requesting a stay, and think the judge will give it to them. Will let you all know

[saintly_1]

Have you got this prepared ? http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

[rubberlips64]

Thank you! Yes I've got it. Thanks for being there, see you later.

[saintly_1]

Good Luck post back

[rubberlips64]

Will do

[rubberlips64]

hi all, Barclays applied for a stay and got it. The judge was great - guided me through this the whole time, God bless her. Barclays rep mentioned the high court hearing should be heard in Jan 08???? We'll see. Thanks again for your continued support on this site.

[dar£n]

Last i heard it was planned for 14/01/08 estimated 2wks hearing

[rubberlips64]

Erm, not too sure what PM is ............. i understand what you're saying about staying in Barclays "gang";)

I do wonder if you could help me, just this once, regarding Lloyds - their solicitor has sent my husband (i'm overseaing this one) & the court a letter requesting stay. My dilema is this: Do i send the "stay" letter on this site to the solicitor and the court? Court date 10th Sept, thank you Dar£n

[dar£n]

PM = Private Message.

 

you could take the application to lift the stay to the court,

 

I would still attend unless directed otherwise by the judge.

 

Do not listen to what the Banks are saying unless its to do with settling.