Courts & Stays

[skyeann]

hi

 

the judge is judge thomas at bromley

[HSBCNightmares]

Yep, District Judge Thomas

[Catlover64]

Called Croydon CC today. My case is still awaiting directions from the judge and has been since 5th July.

 

The wait goes on....

[give_it_back]

Have just received letter from District Judge Willers, Hitchin County Court, and our case has been stayed. The letter states that :-

 

1. The claim will be stayed pending the outcome of the test case in the High Court.

 

2. Neither party has permission to apply for removal of the stay until the case in the High Court has been heard and determined.

 

Can't say that I am very happy because I had to submit a more detailed claim and pay the £100 allocation fee back on the 18th July. Will be praying that the OFT wins the test case, although I'm sure the banks will keep appealing so expect it will take a long time to finally decide the case. I do think that it would have been fairer to allow all the court cases currently in the system to be heard as we have already paid out our court fees, and most of us have been claiming for quite some time now.

 

Sorry to rant on but Hitchin County Court seems to have had it in for anyone wanting to reclaim their bank charges - do you think the judges may be bank shareholders?

[freakyleaky]

Just a thought, would a judge who was a shareholder of a Bank, have to declare a conflict of interest if he/she was hearing a case claiming against the same bank?

[jake44]

Anyone heard about courts in and around glasgow ? :o getting worried now..................

 

x

[Sarah Frost]

Im at Bromley and mine is Judge Brett - oh I hope mine is nice! Im scared!

[GuidoT]

SF - see post 34 above.

[Sarah Frost]

My date is the 21st not the 24th! I think im on me own! ha ha!

[Noddy73]

August or September.

[kieranhall07]

Hey guys...

 

Was wondering if anyone could shed some light on what to to next? Basically my court date is on the 16th August at Teesside. Yesterday i got a letter off DG saying they are applying for a stay on the proceedings, ive called the court today and they have said they are not granting any stay's, they are leaving it up to the judge on the day and that i should just attend court as normal. To be honest im not even sure how to go about going to court, what im meant to take, if i need to take a copy of my bundle, if i need to be ready in advance to appeal against a stay if the judge grants one? If anyone that help me with these extremely confusing proceedings that'd be great.

 

Cheers

 

Kieran (First Post)

 

P.S How come wwwmoneysavingexpert.com website has not been working for like 3 days now? I just wont load any of the pages?

[jansus]

AYLESBURY COURT

 

I have received stay for case on 28th august

 

I have completed N244 will let you know how it goes

 

 

Jan

[freakyleaky]

Hi Kieran, you will need to take a copy of your bundle together with a copy of your schedule of charges and also ake with you the letter for the removal of stay to show or read to the judge. Do your self a cover letter outlining all the reasons that you feel why the case should be heard now and not stayed. Any facts that might point to your case being exeptional due to financial hardship.

There are afew threads that would be useful for you to read. I will post some links for you in a minute.

No idea why mse not working. Probably overloaded with requests for help!

[Sarah Frost]

Noddy - mines September 21st. Court told me they hadnt granted any stays at Bromley on Monday. Does anyone have an update from Bromley about stays?

 

Kieran - Money Saving Expert was working for me at lunchtime today - i was on there!

 

You could write a nudge but add that as at xx.xx.xx all claims are going ahead at your court. You never know this may give them a kick up the backside into offering!

 

So your past the bundle stage then - im still doing mine!

[iandj]

Have you all seen this thread, it's got another list of courts and what their latest views are regarding stays.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107696-courts-carrying-12.html

[freakyleaky]

Kieran :-Application for removal of staty

urgent help now pls. stay refused in court rt now

[airbag]

Rotherham Court today stayed all cases.

[kieranhall07]

Thnaks loads for the help guys... Appreciated!!

 

Kieran

[Audreygreeneyes]

keiran find out from the court how many cases were listed............... it might be worth a letter to the MOR if they have all been stayed........

[Sparkesister]

I recieved a letter from DG yesterday saying they were applying for a stay.. I've not recieved an n244 and i'm supposed to be in Court on Friday 17th August in Blackpool!! Gonna call the Court Manager on Monday..

I'll let you know..

[Noddy73]

Have a read of

 

Letter to court before stay

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/94482-lummers-hsbc-3.html#post1069298

 

Judgement by Default (if they have not submited a document)

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/94482-lummers-hsbc-3.html#post1069299

[HSBCNightmares]

Surprise surprise, DG failed to comply with court directions to have their court bundle to all parties by yesterday and this morning a letter arrived saying they were applying for a stay. I could have put money on that one.

[utd]

oxford courts are staying all cases.but u can get your costs back.and days,losts off earnings.

[Noddy73]

HSBCNightmares.

 

Did you send in that letter as for a hearing if a stay is requested or considered.

 

Did you send in your Request for Judgement by Default on Friday.

 

Can you PM me the letter. I start working on the removal of stay.

[Waxsyd]

Hi

 

Went to Sheffield CC yesterday with completed N224. I was told there that all cases were being stayed pending the Test Case.

 

The order I received stated:

 

IT IS ORDERED THAT:

 

The claim is stayed until further order with a view to awaiting the test case.

 

Either party may apply at any time to lift the stay, by application on notice, in accordance with part 23 of the Civil Procedure Rules.

 

The Small Claims Hearing listed on 3rd September 2007 at 14:00 be vacated.

 

Anyway it cost me £65 for the application to have the stay set aside apparently because of the bit about 'application on notice'! To be honest I'm not sure what it means and the desk clerk told me not to send in my bundle as normal or attend the hearing. She said do nothing and wait for some correspondence from the court. Has anybody come across this before or know what all this means?

 

Thanks in advance