News From Cardiff!

[freakyleaky]

Just found out some news from cardiff County court from welshsteelman!

 

Quote

 

" All cases at Cardiff stayed

Hi chaps,

I've just been to Cardiff County Court to deliver my bundle and have been told by the Court Clerk that all bank cases (over 600 cases) have been stayed. He has told me I can appeal and I am going to send my letter today. Maybe you could bump this up to the Mods so that they know about it. the Clerk has told me that some banks are still settling (HSBC are not one of them). If appeals are made they are likely to take place on teh original court date and there will be no further charge at this time.

 

Regards

 

Dai.

[Castlebest]

So we need to see over 600 appeals please

 

pete

[freakyleaky]

Application for removal of staty

[Mostyn1704]

HI FL. I am down for Cardiff on 14th, and awaiting letter re stay. I don't see how they can make a blanket decision to stay all claims though, considering the ruling from the master of the rolls to judges ( quote below from MSE site) that they decide on a CASE BY CASE basis. So we have several hundred appeals on 14th...and the courts get an extra £35 x hundreds !!!

Nice one !!

 

"Following a request from the OFT and the banks to put a stay on all Bank Charges cases (i.e. to halt them until the test case is finished); the Master of the Rolls decided not to issue an order staying all outstanding cases.

Instead he asked the Deputy Head of Civil Justice to write to all Designated Civil Judges, (which he has done) inviting them to consider staying outstanding claims on a case by case basis as appropriate.

Designated Civil Judges are the senior circuit judge responsible for a group of courts. (S)he may agree arrangements with the district judges sitting at each individual court. Therefore whether as case is stayed or not is a matter for the Judge in the individual case."

[freakyleaky]

I think the above quote should be used in any application for removal of stay where it is part of a blanket decision!

[lauranick]

I am absolutely gutted by this. I can't believe that after all this hard work and patience it looks like so many of us are still not going to see our money in the foreseeable future. I'm not really in a position at the moment to be able to fork out £35 for an application that - so it seems to me - is probably futile anyway. If these applications against stays are considered on a case by case basis - how is it proposed the judge is going to be able to give each of the 600 cases the consideration it deserves - I can't help but feel there is no feesible way any of the applications will be successful, and so the £35 fee will just be thrown into the same pit as the charges and MCOL fee - seemingly always just out of reach.

[freakyleaky]

I understand your feelings but we don't know what will happen with the applications yet! If noone applies for removal or set aside we will never know!

The courts have a legal obligation to consider all applications.

[lauranick]

I don't suppose as a student there's any way of getting round the £35 fee?

[freakyleaky]

Not sure but don't think so from what I have read! I know it's a lot of money for a student, well for anyone on a fixed income, and I wish I could answer with a more positive response!

I really am gutted for all those that have come this far only to have this stay thrown on the case.

Unfortunately we are all pretty much in the dark as to how the judges will react to the applications for removal. If enough people are submitting them surely it has to have a major impact on things?

Finger crossed for you!

[Andy Williams]

I have read on another thread..I forget where...that Cardiff Court are making an exception and waiving the £35 fee specifically on this matter.

 

However please do not take my word for it...phone the court tomorrow morning to confirm.

[welshbaba]

Yep, you are right Andy. I rang the court to check about the £35 and was told in all the bank charge cases the fee is being waived. One bit of good news at least!!

Sha

[freakyleaky]

Something positive at last!!

[welshbaba]

havnt received written notification of stay, but verbally on the phone, sent in the removal of stay thingy and evidence etc.

Now this is where I get a little confused:confused: , so bear with me....... how does the next bit work? like i said no letter as yet, so how long would it take to grant (fingers crossed) my application? sure i read somewhere that you would still end up going on your original date if this was the case - date which is only 8 days???? Apologies if this sounds a bit backward

Thanks

:-? Sha

[Audreygreeneyes]

yes it is but it is not consistant....... as with everything to do with this it varies from court to court and judge to judge....... I ahve been told that if I want to apply for a stay then i have to pay £65.....

[Andy Williams]

I think the £65 fee is if you want an individual hearing with a Judge. The £35 fee(waivered in this case) is for non-hearings..where the judge will read and rule on your written evidence but won't see you in person

[lateralus]

ok, so what do people need to send in - the letter asking for the removal of the stay - the n244, and what else - statement of evidence? any correspondence, what exactly?????

[Mostyn1704]

Hey guys....this is all a new situation..and I think we need to find a way to get on the offensive again..so...what if all of those that were due in Cardiff on 14th apply for a hearing of the application for removal of the stay? I know it is an extra £30, (though maybe courts will waive this as they did the £35) It seems that a hearing is one-to-one before the judge, but if many claimants request a hearing the courts will be forced to do same as they planned for the Directions hearing and put us all in at the same time..strength in numbers from our point of view...adn would the banks have to be present at that hearing? Seems to me like the rules of engagement have changed, ....but .....we are still vast numbers, and have rights to have our cases heard.... that is the way we win ....Any opinions?

[freakyleaky]

Posted by mostyn on witsend's thread earlier:-

 

Witsend, I would certainly include all references and evidence to show that DG/HSBC had no intention of negotiating or defending ( lack of correspondence with you? / did they file AQ ...on time or at all? list of other cases settled before court date etc Just my view, but I am in same boat as you,,though still awaiting letter from courts. Have you seen manicblonde's thread, psot 65, reference to Judge Hickinbottom going ahead ??????

[freakyleaky]

I agree totally mostyn! The more people that request a hearing the better! It does show the court the determination and willingness to do all that is needed by the claimant in order to win their case!

[Castlebest]

Just posted this on Welshbaba's thread

 

The Master of the Rolls (effectivly the Chief Judge in the UK) refused to apply a blanket stay but has asked one of his othe legal eagles to write to each of the county court Cheif Judges and tell them its up to them. I read this to mean its up to each court what they do and if we apply pressure, especialy with these early cases there is a good chance they will go to trial (you will get an offer from DG).

 

Also beware of posts about what is or isnt happening, this situation is moving quickly and the oppinion of a court employee might be valid when stated but could change an hour later, if you have paperwork from the court use this to base your application to have the stay set aside, if not because this I think is now common knowledge we will have to rely on our litigent in person status and maybe apologise a bit to Mr Hickenbottom for our inexperience when you get to court

 

pete

[Mostyn1704]

Just so FL....they cannot be allowed to get away with blanket deferrals ..for years ..... just as this campaign stopped them from getting away with blanket "so sorry our charges are justified" letters. The courts are our lever, our numbers are our strength, they are trying to move the goal posts, but our tactic remains the same ...viz strength in numbers...and let's make the courts respond to our needs

[freakyleaky]

OK I agre that people should wait for the paperwork from the court but what about the likes of auburn who only got notification of the stay today and her hearing is tomorrow?

[Castlebest]

Like I said, this is bending the rules a bit but so have the FSA, we submit our requests to have the stays set aside anyway and trust that our litigent in person status lets us sneak under the wire.

 

we are not professional lawyers and the small claims track in the county courts allows for this, if we make a mistake we should be allowed to apologise and if the underlying thought process is correct it should be accepted by the court.

 

Obvioulsy its better to get it right but typing back to 600 of you is impossible !!!!!

 

I take my hat off to Mr Hickenbottom for booking a bulk hearing for 600 people in the first place

 

pete

[Mostyn1704]

FL...If I was Auburn I would turn up in court with the application against stay in my hand saying "This is not acceptable" ......24 hours notice?...and we, as Litigants in Person - as Pete says - are supposed to accept it ??? When the banks have had MONTHS to respond to us and to file AQs etc with the courts - which they have failed to do ?? !! In Auburns case I would be a "Mr Angry" and say it was too late...I am here...I took time off work etc.. I want to be heard.. the court has the time booked out after all

[freakyleaky]

So would you agree that if people have a court hearing date looming and haave not received written notification of a stay, they should then ring the court and ask about the status of the claim and if the hearing is going ahead?

And if they are told the hearing is going ahead (by a court clerk) should the application be sent in anyway just incase the situation changes?