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.

[freakyleaky]

Application for removal of staty

[freakyleaky]

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

[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.

[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!

[freakyleaky]

Something positive at last!!

[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!

[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?

[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?

[freakyleaky]

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

[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.

[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!

[freakyleaky]

Hi welsh. As there will be no judge there I think you only need take the application for removal of stay.

[freakyleaky]

As you are a litigant in person and not a legal expert then you are not meant to know everything. I would estimate an hour!

OK what are Q's 3 and 4 ?

[freakyleaky]

Question 3 is no!

I think you can leave the other blank as the original date has now been vacated.

As I say with you not being an expert the courts will allow some room for error!

[freakyleaky]

Just posting another useful thread

 

Find out here if your local court is staying claims

[freakyleaky]

I found this one Find out here if your local court is staying claims in this one **urgent All Mcol Claims Automatically Stayed **

LOL