Courts & Stays

[Castlebest]

The legal documents dont mention anything about hardship I dont see any reason why everybody shouldnt request the stays be lifted.

 

pete

[molly1959]

Birkenhead County Court told me to carry on with any schedule i have got some cases have been stayed, but some are still going through.

[sapphireeyes]

hello,

MANSFIELD COUNTY COURT Had until 17th August for Abbey to submit defence. Judge applied stay on the 17th. But have been given the option to apply for it to be revoked.

[Catlover64]

Should've mentioned this earlier, but have a date for prelim hearing in Croydon 17th Oct. Will be sending a draft order next week

[Mihail]

Ihave just been informed by Brighton Court that all cases are to be stayed by the judge until March 2008!!

Gutted as MCOL sent my claim to the courts on 03 July 2007 and due to court backlogs now have to wait for ages!!!!!!

Hi Grey Rabbit and Noddy 73

I phoned Brighton County Court today regarding my receipt of an order of stay of my case with a view to objecting.

They asked me to write in with an objection, giving reasons.

I have written in, using the default CAG letter of legal objections.

Suggest you do likewise.

The Court seemed to give the impression that they would consider each objection on its own merits.

 

Good luck,

Mihail

[Audreygreeneyes]

it is worth just writing if you wish, I did that in june requesting their defence be struck.............. it wasnt even looked at............ yes it varies from court to court......... letter mostly just get added to the file..............

 

anyone who gets a stay notice, would be much safer filling a N244 and asking for a hearing........

 

my main concern as I have said before is that by just writing, you have no guarentee that it will be looked at by a judge within the time frame......... ie 7 or 14 days.......

 

if it is not then you have lost valuable time and the chance to submit a N244 and possible to have your stay removed!!!!!!

 

again only my view surely it si much better to be safe................ the courts and Dg are rapidly changing, up until recently they may have accepted just letters..........

 

it is only a matter of time before the courts become very stringent in dealing with these cases.......

 

I was asked to submit any representations which I did, they werent even looked at, but DG's request for a stay was seen and granted in less than 3 days over a weekend...........it took 9 days for my N244 to be seen......

 

at the end of the day it is down to each person to choose their own route, but please think carefully, you have gone this far, is it worth risking running out of time becuase you send a letter rather than an offical court form that cannot be just put in a file!!!!

[skyeann]

so are you saing even if mine is going ahead if they apply for a stay i should have the n244 ready to hand over

[nyc_lond10]

Up to date news in wandsworth County Court:

 

I called the Court today, looks like my case is going ahead for Tuesday the 28th. So far DG solicitors have not applied for a stay, all they have on record is a letter saying that they may. This is what I received some two weeks ago. I immediately responded to that letter by sending the Court and DG Solicitors a letter protesting using the template about Human Rights, etc. In the beginning of this week, I also sent the Court an N277 letter (hope thats the right numner) asking for judgment in default.

 

So with one day left to go, I wonder what will happen....

 

Anything I need to bring, do or think about before Tuesday.....the 28th?

 

Thanks Auburn and Caslte for your guidance!

[Audreygreeneyes]

sky its your call, but if you are asking if it was me. then yes I would have it already and take it with me . but its your call

[Noddy73]

Sky - I am taking N244 Removal of Stay, AGE letter about "strike out" and cost request. I am also including a history of events so I can clearly explain this to the Judge.

[Audreygreeneyes]

make sure you get in about the abuse of process................. and Noddy take note of the claim numbers they have settled in the past 10 days..................

[Mihail]

Good news for Brighton County Court claimants . Having submitted the CAG legal arguments against a stay until March 2008, I got a letter dated 29 August from the Court saying thtat a hearing has been ordered for my case against First Direct on 12 October. It will be a 5 minute hearing. Both sides must file a skeleton argument and copies of all relevant authorities relied on not later than 7 days before the hearing.

The application will be heard together with a number of other similar applications at a composite hearing.

I now need advice on what to submit as a skeleton argument and what to include as 'relevant authorities relied on'. Would this include the original FD charges?

Also is the purpose of this hearing to decide if the charges are unfair, or just that the stay to further action until March 2008 is unfair?

[Audreygreeneyes]

Hi Mihail here are a couple of links which will give you all the info you need . your case is 2 days after mine but mine is for 20 mins...and being heard for 20 mins......lol............. must be the only 1............ good luck

 

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

 

 

did DG miss any court deadlines by any chance?

[Mihail]

Someone from Listings section at the Court has just explained to me that the hearing will be to decide that the stay itself is unfair.

The judge will be looking to hear the legal arguments and precedents we have gathered to support our case as claimants, as well as the banks arguments, as defendants.

[Mihail]

Hi Mihail here are a couple of links which will give you all the info you need . your case is 2 days after mine but mine is for 20 mins...and being heard for 20 mins......lol............. must be the only 1............ good luck

 

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

 

 

did DG miss any court deadlines by any chance?

 

Thanks for that.

The listings officer advised me to get as much authority as possible. Is there any case law precedent to help the Judge come to a favourable (from our pov) decision? In any cases quoted as authority, he needs legal arguments and the judge's decision in that case.

re DG and deadlines, they haven' t missed any in my claim but they haven't bothered to reply to any 'nudge 'letters I have sent them (2 so far) which may be evidence later to suggest a 'cavalier' attitude that HSBC/FD have towards claims such as ours.

The listings officer believes there will be a DG representative there for the hearing.

[freakyleaky]

Read all you can in preparation. You need to have all the arguments that apply to your case and personal circumstances ready for the hearing. Have a read of the threads in my signature for more help!

[Audreygreeneyes]

county court decissions do nto set a precedent. but this article printed might just help a bit.............. all it needs is judges to see what other judges are doing . and then they will follow.................. like everything it takes one brave person to step up to the plate 1st. then others will follow...........

 

BBC NEWS | Business | Judge calls halt to bank charges

[freakyleaky]

Stay lifted by a court today! Some good news at last!

NWB Defence - Please help.

[Castlebest]

Mihail, have a look at post 197 on my thread, it should give you some idears of things you can say

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85633-castelbest-ii-return-claims.html

 

pete

[Yetti]

OK

 

So I was in court today ( Winchester ) with the arguments:

1. Human Rights
   
2. Overriding Objective
   
3. Balance of convenience, and
   
4. Status Quo

None of which ( combined ) held up : the banks were represented and Wincherster / Salisbury at least will be automatically applying stays (where requested) for all those who run with these arguments.

 

The judge stated that, unless there were additional factors, he would judge all similar cases in the same way.....

 

..... need more arguments....

 

Tom

[TUTTSI]

Does anyone have a template to request a stay to be lifted for a business claims.

Thanks

DS

[Ziakiwi]

Ooh yes! I would like a copy of something like that too. I have just received a letter from the Brighton County Court. I called the court and was told that there has been an ORDER that all bank claims are stayed!!

 

They didn't seem to realise that there are differences on Business and Credit Card claims.

 

I have seen a template for lifting stay on Credit Card account but I was a little afraid to change the wording to suit less I stitched myself up!

[jowalshy]

So far I have only found this one:-

 

Dear Sir/Madam

 

You -v- XXXXX Bank Plc

Claim Number: *******

 

I write in relation to the matters as detailed above, and specifically the order of a stay in proceedings made by district judge XXXXX on **/**/**.

The basis upon which a stay has been granted is with regards to awaiting the outcome of the ongoing "test case" currently being taken by the OFT against several banks.

I respectfully request that this stay be lifted. This is upon the contention, that as the central focus and grounds for the OFT’s case is to determine whether or not the charges are subject to the test of reasonableness, as required under the Unfair Terms in Consumer Contracts Regulations (UTCCR 99), then it is not of any consequence to the basis of my claim in this case.

 

As a Business account claimant my claim did not include any reference to nor make any reliance upon the UTCCR. As such, it would serve no purpose to delay proceedings in order to await the outcome of a case that would have no bearing or relevance upon this case.

 

As such I respectfully request that the current stay be lifted so that this case may proceed without further delay.

 

Yours faithfully

[Ziakiwi]

Great thank you! I'll be firing that off to the courts shortly! Fingers crossed.

[overflow]

Going to Court on 19th Dec.

 

Bank is requesting case to be set aside and a stay granted.

 

Ive already been granted a Judgement by Default and had a warrant granted, now this.

 

Will update nextweek.