News From Cardiff!

[freakyleaky]

I agree on your comments on auburns case Mostyn. I would be "Mr more than angry"!

[Mostyn1704]

For sure FL, cover all bases is my view... send in the application, indicating that you want a hearing - as is your right, and turn up on the date of the original court hearing date - it might get deferred, but at least you will force the courts to "hear" your application, - and of course you will not be alone ..that is our strength

[caro]

This may help clarify the matter. Personally I would not pre-empt any notification from the court. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

If your court date is imminent, say in the next 2 weeks, and you haven't heard from the court, then I would agree that you should probably phone, but otherwise wait to hear from them.

 

No doubt this will make the courts very busy already, and they won't be impressed with hundreds of people phoning them to add to the burden.

[Castlebest]

Telephone calls are "heresay" in a court of law, unless you have it recorded and have permission from the court to play the recording, what a clerk of the court tells you over the telephone is still "heresay".

 

The Cardiff case is a little different because its so big and so many people are reporting the same facts back here, this becomes "general knowledge" and the people involved with the Cardiff hearing should all object to the stay regardless of if they have the official court paperwork because its now general knowledge that a blanket stay is proposed.

 

Auburn is doing exactly the right thing, 24 hours is not enough notice she has no choice but to turn up at court, I hope she isnt mrs angry because I dont think she will get to see anyone and is likely to be "escorted from the premises" if she looses it. She will have her objection to the stay with her and that should be enough.

 

When I first started work, in a difficult situation I was told by an old Surveyor "Dont get mad... Get even"... walk away and kick them in the nutts when they arnt looking :grin:

 

pete

[caro]

You gain nothing by losing your cool. If someone is nice to you, it's much harder to make things difficult for them.

[Mostyn1704]

Hmm Yes Pete..I see the link....Banks..... nuts.... squirrels.....Yes.... You should set crosswords

[Mostyn1704]

Caro... wise words... but we are all litigants in person after all..we need to stay cool - but angry, IMHO - and polite with the judiciary...They are very Caro, yes we need to stay cool.....but angry also ...we are all litigants in person ..no? ...We need to be respectful to the employees of the court system and its norms, they are not the problem ..

 

 

 

people, but represent our only chance for justice

[caro]

Assertive might be a good word. I think we're all angry at the way the banks treat us, but if we put on a calm front I think it's more likely to rattle them.

 

If we start getting angry with them, they'll think we're rattled and it could give them the upper hand. If someone is being reasonable it's hard to argue with them.

 

Believe me I am angry at the banks, but after many years of being a victim, I've now got the upper hand. And it feel good.

[Audreygreeneyes]

ok I have jsut spoken to my own county court and been told that if your stay has the bold print telling you about the appeal then there is NO FEE TO BE PAID.............

 

I AM REQUESTING A HEARING, BECAUSE I FIRMLY BELIEVE MINE WAS PART OF A BLANKET STAY.. NOT SURE HOW TO FIND OUT FROM THE COURT HOW MANY CASES SHOULD HAVE BEEN HEARD TODAY.....

 

ANYWAY AS IT IS FREE THEN BY ASKING FOR HEARING WE ARE FORCING THE JUDGE TO LOOK AT EACH CASE ON AN INDIVIDUAL BASIS. ALSO DG WILL HAVE TO ATTEND OR SEND A REPRESENTATIVE,,,,,,, WHICH IS GOING TO COST THEM MONEY!!!

[manicblonde]

I have sent my letter and info to the court although I have not received anything in writing from the Cardiff Court. Rang them this am and Listings confirmed that all cases for the 14th August have been stayed and that no fee is payable if you want to request the stay be set aside.

 

Have a look at my thread and I've posted a covering letter with the forms, not sure if the wording will Pee off the Judge, but he has Pee'd me off issuing blanket stays when the Master of the Rolls has said that stays should be issued on a case by case basis! Yeh right!!

 

I'm completly fed up with HSBC who have now, since the OFT announcement have started ringing me again about my dormant account!!!

 

They can't be allowed to get away with this for up too another 3 years!

[Audreygreeneyes]

Manic also send a letter of complaint to the master of the rolls..........600 cases is a clear blanket stay.........

 

please ask for a hearing to determine your stay........

[manicblonde]

Any idea of addresss to send please??

[Audreygreeneyes]

The Clerk to the Master of the Rolls

The Master of the Rolls' Private Office

Room E214

The Royal Courts of Justice

The Strand

WC2A 2LL

[manicblonde]

I have amended my N244 to request a hearing. Lets wait and see what happens next! Also sent letter to MOR and in process of writing to OFT.

[Audreygreeneyes]

woooo you are on a roll , now I am not sendingDG copies of the MOR or the oft as in my view they are not directly involved so na na na na....... well done manic........... you you should be feelign very pleased

[manicblonde]

No I did not intend wasting any more time writing to DG! I am feeling aprehensive! Hopefully feeling pleased when I get a response!!

[Audreygreeneyes]

yes I also feel the same, but with the support and brains of this site, you will get there in the end.........

[lauranick]

Anyone know if the £65 is also being waivered if we tick yes to hearing?

[skintcumbrian]

My court case is Thursday in Penrith, Cumbria. (I'm bricking it!!)

 

I spoke to the clerk yesterday and she said that all cases were going ahead and the judge would make decisions on a case by case basis.

 

However, last Saturday I received a letter from DG saying that they were going to apply for a stay. So yesterday I sent the letter about request for denial of the stay if applied for, (but not to DG cos I decided it would be better not to pre-arm them with anything) and also pointed out in the first para that DG had not submitted any evidence for their defence as requested in the directions. IF my hearing goes ahead, I intend to ask for their defence to be struck out because they did not submit on time, or even submit anything at all, as well as pulling a hardship case. Am taking with me info on just how much of my benefits the bank is now routinely robbing me of, with copies of my online statements, as well as the text of section 187 of the SS Act etc to use against them if I get half a chance.

 

I did not send a N244 with my denial of stay letter as I didn't know about them at the weekend (!), and as I am on benefits I reckon I might be able to get any fees waived - will try anyway.

 

I cannot find out now today how many other cases are due to be heard but as my MCOL was March and my hearing August, it sort of implies there must be a fair few in front of this court, although not necessarily in blocks. Will try to find out that tomorrow and check the latest situation about my hearing.

 

Waited months for this so am trying everything I can think of to be heard, let alone repaid!

 

All and any advice from everyone in court before Thursday much appreciated. Keep posting all and good luck!

[freakyleaky]

This just posted by smutley on the cardiff thread Cardiff directions hearings *POST HERE* in the Barclays (I think it is barclays) forum. Useful for anyone writting to the MOR.

 

Heres the Master of Rolls letter for us to base our letters to him/her on.. might need to change bits to suit

 

The Clerk to the Master of the Rolls

The Master of the Rolls' Private Office

Room E214

The Royal Courts of Justice

The Strand

WC2A 2LL

 

 

 

Dear Sir,

 

*_Claim Number XXXXXXXXX and Claim Number XXXXXXXXX at Cardiff County Court._*I am writing in the hope that you may be able to clarify for me the situation in relation to the stays issued on over 600 cases at the above court.I am at a loss as to how this can happen so swiftly given that your directions were;

 

"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."

 

I am a litigant in person so please accept my sincere apologies for my lack of understanding in these matters if I am incorrect, but, Surely placing stays on over 600 cases in one court, listed for the same day (14th August) and at the same time (10.30am) would be classed as a blanket stay?I have written to the Court Manager at Cardiff County court enclosing forms N244 in the hope that the stay will be lifted on my case and the claim allowed to continue as I have done everything in my power to try and settle these matters without the courts intervention, however, DG solicitors have yet to respond to any of my correspondence or even adhere to the courts general order by serving their written representations to the court or I within the specified time limits.No doubt you will be receiving numerous letters from many of the claimants in these cases, and I am sure that they will all be stating very similar issues. One of the main issues from my point of view is the fact that by issuing these stays in the banks favour, the Status quo of these cases are no longer maintained as the stay prevents the claimants pursuit of its legitimate remedy without placing any restrictions on the banks activities whatsoever and actually seems supportive of the banks litigation strategy which has been a complete waste of Court time and resources to date.If you do require any further information from me in relation to these matters please do not hesitate to contact me.

[freakyleaky]

This is another useful post from the Barclays thread by Claret74.

( Hpoe you guy's on the Barclays forum don't mind me pinching your stuff!)

 

Apparently these courts are sticking to business as usual and still hearing cases. We need to include this in our application to have a stay lifted.

Has anyone drafted a letter yet?

 

Aldershot & Farnham County Court,

Bow County Court,

Blackburn County Court,

Bristol County Court, NEW CLAIMS BEING STAYED ?

Caernarfon County Court,

Chester County Court,

Chichester County Court,

Croydon County Court,

Gateshead County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Medway County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oldham County Court,

Oxford Combined Court Centre,

Peterborough Combined Court Centre,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

Sunderland County Court,

Thanet County Court,

Watford County Court,

Wellingborough County Court,

West London County Court,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

 

Claret.

[smutley]

hi.... checking out this thread... seems like we are all in the same boat but having to keep checking out other threads... lol dont forget to post on

Cardiff directions hearings *POST HERE* if you have any news cya xxx

[freakyleaky]

Thanks Smutley. That thread has some really good advice being posted on it. I have just read andy williams post, really good! hope you don't mind me pinching the odd post an putting it here for all to see!

[Audreygreeneyes]

on my N244 I have used the breach of rule3.4(2)(b) of the Civil Procedure Rules, The Human Rights Article 6 of the Convention and my record of contact between the claimant and defendant.

[Audreygreeneyes]

I gave that addy to manicblonde last week freaky, tue or wed I think cos she got a reply from them on sat and she only sent the letter tue/wed......... so ti is worth sending to the MOR.