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Courts & Stays


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Thanks, I just went to post office and sent DG Solicitors and Wandsworth Court the following letter: (I also faxed this and to the court- suggested by the court) and included a copy of the DG letter.

 

On a side note: I do believe that the date was August 2nd - because if I had to send it to the Court by that date, I cant imagine why they would get a later date.....? Anyway, just called the Court, they confirmed it was the 2nd. They suggested I wait to hear from them about the stay. If dont hearing anything, I should presume that the court date moves forward (August 28th) rather than spending the £65 and writing the n224 (i think that was it). Anyway, the court guy seemed to think that the case will be stayed....but the judges are using their own judgement...anyting can happen...thanks for your help....

 

I strongly object to the proposed order of a stay in respect of the claim detailed above upon the following grounds;

 

Human rights

 

Blah blah...

 

The Status Quo

Blah blah....

 

In the alternative

 

In view of the preceding paragraphs, if the court accedes to the defendant’s application for a stay notwithstanding these objections, I respectfully request that the court issues the following injunctions:

  • That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter.
  • That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.
  • That the defendant is prevented from closing my account.
  • That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.
  • That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 )
  • That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)
  • That these injunctions remain in place until the settlement of my claim.
  • That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent.
  • That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent.

I, the Claimant, believe all facts stated to be true.

 

Robert Lissmann

August 17th, 2007

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so basically what was in the letter which I sent to them today about with headings Human rights, The Overriding Objective, Balance of convenience, The Status Quo, In the alternative etc.

Trying not loose any hope here, but those jerky solicitors may get there stay...i hope this high court thing gets resolved quickly...!

Thanks for your help...

 

 

 

 

 

 

 

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it will depend on each individual judge, another thing you could consider using in part C is all the claims they have settled so far since the OFT announcement......... and also some of the ones which the court has struck itself as abuse of process..................

 

the more info you can put in C the better I now feel..............

rockin all over the world

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Get your application for removal of stay sent off. And ask for a hearing!:)

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Birmingham CC

 

The claim is stayed until further order with a view to awaiting the decision in the test case. Either party my apply at any time by application on notice in accordance with CPR23, to lift the stay. If there is no such application by 30th September 2008, the court will in any event then consider whether to make a further order.

 

So Birmingham are expecting it to last at least a year :evil:

 

pete

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Huntingdon County Court - Telephoned this morning, All claims are being automatically stayed until OFT case is concluded

Regards

Sophie

 

Thank you

 

Please Note

Advice & opinions of Sophie-Jane are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts

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Please confirm:

 

I received letter from DG Solicitors about their intent to apply for a stay. I immediatly sent off a letter protesting their request with the template as above.

 

I would also now like to send in the N224 form - which in my understanding wii mean it gets thrown out becasue Dg missed their August 2nd date of filing for a defence.

 

Still unclear about what to write in part c - does this cost money to file...?

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nyc thsi is what i did top left hadn corner............ ticked the hearing box......... that is all I did in that box, you could however if oyu want specify the level of jusge.... and parties to be served put DG there........... part A 1 your name.......

 

2 removal of stay order grante don 06.08.2007 and defence be struck out.........

 

part 3 the defendant breached rule 3.4.(2)(b) and you coudl put in © as well................ and human rights act 1998 article 6 of the convention , record of contact between claimant and defendant............... part b

 

ticked the box evidence in part c in support

 

4 signed my name

and address and phone number and email addy

 

over the page on C wrote please fidn attached the supporting evidence, copy letters handed into the court on 26.07.2007 requesting the defence be struck

 

copy of th ehuman rights act 1998 article 6

copy of contact between claimant adn defendant...................

 

statement of truth sign and date................

 

attact copies of everything and make sure the claim ref no is on everythign either type it or hadn write it on the top...........

  • Haha 1

rockin all over the world

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Request for Judgment by Default (County Court N227) can be elected in the event that the Defendant fails to file a defence within 14 days of service of the summons.

 

To commence such proceedings County Court form N227 should be completed and then sent to the relevant Court with accompanying letter.

 

County Court form N227 is applied where the claim is for an unspecified amount which is to be decided by the Court. County Court Form N225 should be completed for specified amounts.

 

This Request for Judgment by default template is in fixed field format and password protected. Simply press TAB to jump from one field to the next and SHIFT + TAB to go back. Alternatively, use the mouse to click from one field to the next.

rockin all over the world

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whislt no expert here but I do nto think you can use the N227 as it states failingot submit a defence within the 14 days..........

 

they did that..............

 

they faile dto submit what requested by the court which is something totally different and is covered under the N244 but that is only my view, othe might know better............

 

I can only go on what I have used....

rockin all over the world

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comment from bbc on stays and situation varied re courts.

 

BBC NEWS | Business | Banks still being sued over fees

Any advice given by me is based solely on my experience in claiming, my experience in CAG or my opinion. I have no legal background. I want to encourage others to reclaim what is theirs.

 

Got a DCA breaking OFT guidance. Complain to the OFT about the DCA. Help put an end to these practices-

 

http://www.consumeractiongroup.co.uk/forum/letter-templates/155095-complain-oft-about-unfair.html#post1652270

 

Register with CAG today, its free, its a great community:

http://www.consumeractiongroup.co.uk/forum/register.php

 

[email protected].

 

 

 

Thankyou Kennythecelt:)

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Bow county court have stayed my case. I filled through MCOL on 1st May 2007 and have only just found out today. I'm so angry, initially I had an order saying that there was no AQ, then one just turned up in the post so I filed it, HSBC didn't even bother and now my case has been stayed. Is there anything I can do? I mean this would have come to a conclusion a while back if there had been no AQ as I was instructed back in June.

 

Very upset, feel like I've been misold information.

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On Monday at Eastbourne County Court, deputy district judge Parkes lifted a stay on a claim by a man from Hailsham in Sussex, who argued that his bank, HSBC, had procrastinated for months after he first asked for the return of his overdraft charges. That case will now be heard in September.

rockin all over the world

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cribgirl you need to check online with your mcol claim and see if you can get a print out of the dates... or phone the court and ask for it........ then have a look at the courts own civil procedures. there are certain form for certain things...... in your case i am sure it is the N227 ........

rockin all over the world

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Hi

Received letter from Preston CC today telling me my case against HSBC has been allocated to the small claims track and will be heard on 25 Sept. 07.

What has been DG solicitors response recently - are they applying for stays, fighting the cases in court or making last minute offers? Anyone help?

 

wazbc

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so reading thru that BBC News report, if a stay on the case will cause hardship, u can apply to have it lifted? Would it not make sense to just go for that so long as u can prove it?

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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