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claim stayed following OFT case


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Hi, yes you should be in the Cap ONE section you will get more replies from people dealing with them all the time. Looks like they issued your cheque already so you should be okay! Just case of waiting for it to arrive! Good Luck!

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Thank you

 

I have just recieved notification that there will be a hearing about the stay on my case, in HASTINGS court, on 7th September.

 

Is there anything in particular that i should take to help my case, I am hoping that the financial hardship side would be helpful, especially in regards that I am currently recieving Income Support and Carer's allowance, and have a child who recieved DLA at the highest rate, as she has cystic fibrosis. I cannot get a normal job, as due to my daughters illness, and the fact that I will probably take alot of time off due to hospital visits, etc, I have unofficailly been told that I am 'unemployable' (despite having 2 Bsc s and years of experience), so I was relying on the money to help me into self-employment, as seems the only way to get off the benefit system (which I really want to do)

would any of that be of relevence??

 

What else have others taken - I remember the guy who got the stay lifted saying about the bank's non-complience, ie not sending statements, sending standard letters, not submitting court bundles, etc??

 

Any advice would be gratefully recieved xx

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Hi Elseg! Good news about the hearing for lifting the stay. I havnt heard back from courts yet re mine. I would think that the Hardship grounds are the thing that should go in your favour and the fact that the Bank is taking these Benefits in Charges! Did the Order ask you to bring anything along?

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With regards to the use of hardship as part of the argument to have a stay overturned, I have seen several members stating the OFT or FSA. They appear to suggest that either or both organisations recommend that cases involving hardship should continue yet I have been unable to find this actually quoted. Anyone got details of it to hand or better still where I can find it.

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There is a good letter on here that was adapted after the OFT ruling was anounced. It refers to the hardship issue I just adapted it to my own case and added a few extra bits. I still have not heard from court re lifting my stay

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Malaga

My wile has just phoned to say there is a letter from the court requesting the pleasure of my company for a hearing early October. It sounds like this is the collective stay lift hearing we have been waiting for even though I specified no hearing on my N244. Unfortunately I'll be out of the country on holiday at that time so I'll check if I can make representations to the judge by letter. Will provide more details tomorrow after I have read the letter tonight.

Brett

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I had a letter today too! A Hearing will take place on 12 OCTOBER at 10am. 5 Mins has been allowed for the Hearing. 1, Both sides must file a skeleton argument and copies of all relavant authorities relied on not later than 7 days before the Hearing! 2, This application will be heard together with a number of other similar applications at composite hearing. I was hoping not to have to attend! Dont know what I need to send in now!

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Malaga

I definitely had the same letter. I spoke to the court this morning to get some clarification of the order. The skeleton argument is basically what you put on N244 plus anything else you can add that you think may help.The relevant authorities are copies of any case laws you quote in the argument. I was hoping not to attend too! I told the court I won't be able to attend and they advised I contact [problem] to agree a deferment. If [problem] don't want to play ball, I can apply for an adjournment but that costs £65. I'll see what [problem] have to say ....

Brett

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hello all having been offline for a while after the stayed aug 14th cases i pretty much threw in the towel and gave up on my claim. now i feel ready to go for it again and i was wondering what steps to take from here. the last thing ive had was the letter from ccc telling me my case was stayed. what steps should i take now,do i oppose the stay at this stage or is it all a waste of time until the result of the oft case

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I have put in a request to lift the stay but there is a hearing in october for all cases in my court. So really dont know if it will do any good or not but I thought it was worth a try.Otherwise there will be a long wait!

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My hearing about lifting the stay is rapidly approaching - 2 days away. They have allowed 45 mins (not the 5 mins others have quoted) which makes me wonder whether they may plough straight into the hearing if they agree to the stay being lifted

 

I have decided to bring

 

1. court bundle for the main hearing (just in case)

2. n244 and all that i submitted with that

3. lists of cases settled

4. lists of courts who are not applying stays

5. copies of letter to [problem] about non-compliance regarding their court bundle

6. OFT/FSA bit regarding hardship

7. proof of income support, carer's allowance and disability living allowance related to my daughter, proof of child tax credit, credit card bills

8. proof of postage / signature for reciept of my court bundle from [problem]

9 correspondance from the courts

 

I am als going to drop into the conversation that I have had to come from the hospital where my daughter will be at the time of the hearing

 

anything else???

 

E xx

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do you have a link to that??

 

Just had a letter from [problem], obviously caught on that the courts were taking a dim view of them not applying for a stay. this application to keep the stay in place was sent yesterday (hearing tomorrow).

Ususal defence - stating that they want to wait for OFT case, etc etc, tho it does say in MOST cases - so think will be ok, as applying for hardship grounds, which is where there is a let out clause on the FSA/OFT waiver, so will agree that in MOST cases, but mine is one of those where it should not apply....

 

E xx

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Elseg, you seem to have done all your research and have everything you need.Hope the courts can see you have done everything you can and have good grounds for lifting this stay.Good Luck! Let us know how you get on!

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They kept the stay in place....

as typical the bank had sent a sleeze of a barrister with halatosis, to sidle up to me and attempt to rip my defence to pieces before I went in. It was a little annoying because I was only there with momets to spare, as had to come from the hospital where my daughter was, and had hoped to gather my thoughts a little....

 

As it was, it didnt really matter, as unless I was literally dying in the next few months, there was no way that he was lifting the stay. He was very nice about it, tho gave some cock and bull excuse that as was in financial hardship, the costs if I lost a case would wipe me out, and if I won the banks would automatically appeal, and no costs are awarded on appeal, and with court costing £187 per hour.....

 

I tried to ask him whether any where the stays were lifted had actually GOT to court....

 

I dont think there was anything which I could have said, to be honest - he wasnt interested in my financial circumstances, or that the FSA had suggested financial hardship cases should continue, or that [problem] hadnt filed their bundle.

 

It only occurred to me later that I had been bamboozled over - as it is obvious that the circumstances of costs were no new thing (I think he was trying to make out that he was being nice to poverty stricken minions) - they had been the risk I was willing to take when I filed the case in the first place, way back before the OFT case was a glimmer in the eye of the banks.... but again, I dont think he would have altered his decision, I just wish I had realised it and had the chance to say it, as I think they made me look like a fool who was scared of big money....

 

at least when the bank's guy asked for his costs, the judge said no way...

 

oh well, roll on march 2008

 

E xx

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So sorry to hear that Elseg. I cant see that you could of done anymore. Its not looking good for anyone trying to get these stays removed. Seems like the judges have made their mind up before you get there.Wondering if its worth going for mine in October.

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  • 2 weeks later...

Hi Malaga

Sorry I have been out of the loop for a little while as I have been moving offices and I don't have a PC at home.

The temporary good news is that the man from [problem] has verbally agreed to a postponement of my stay hearing so I won't be involved in your courtroom battles on October 12th. I guess they will shunt me off to another composite stay ding dong round 2 later in the year.

The trials and tribulations of Elseg et who have really sound cases for lifts make depressing reading and only deepens my already pessimistic view that we are up against an immoveable force.

I envisage that the likely scenario on the day will be that the banks will send in their legal big guns who will give the judge a quick blast of their best barristerspeak to align to their cause. It will then be a case of us poor legal lightweights being summoned in turn for our 5 minute audience, with all our tales of woe, financial hardship, human rights, [problem]'s ignoring court orders etc. brushed aside with a directive of the stay stays, oft you jolly well go and don't come back till March ... testing times indeeed ...

On the other hand we may get lucky with a judge having a good day who is sympathetic to the plight of the little man and lifts our spirits by kicking the bank's aguments into touch where it belongs ... but somehow I have a feeling that this is just wishfull thinking ...

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Hi Brett, Yes I think you are right! Elseg had some really good grounds and prepared herself well and still it seemed the judge had made up his mind before she got there! I have been reading around and it doesnt look good. I wish I hadnt bothered trying to lift the stay now. well you never know!

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Best of luck Malaga and fingers crossed!!!

I am off on my hols for a couple of weeks next week and will catch up on your result when I return. I am still waiting for a new date from the court for my hearing ... Brett

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  • 3 weeks later...

Malaga, just back from my hols expecting to see an update from you on the trials and tribulations of the 12th - any news, good or bad?

I received confirmation from the court that my case has been vacated and I am waiting on a new date, although if you report doom and gloom in your case I don't know why I am bothering ....

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Hi Brett, hope you had a good holiday! I was fuming last week so I didnt update at the time. It was a total waste of time. Nobody that I saw got their stay lifted. The judge had made up his mind before he got there. Really I think they should have just wrote to people telling them their stay was going to stay in place till January. It would of saved wasting everyones time. I had ticked no to a hearing! The Hardship issue was no good unless you are not going to live till next Jan! Sorry it wasnt better news maybe you will have a better judge!

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