Find out here if your local court is staying claims

[Catlover64]

Croydon is not staying - they say they are a much larger court (??) and are continuing to hear cases. Lambeth are staying cases. I am appealing my stay at Lambeth on Tuesday, so will update with the results.

 

I'm sorry but you're wrong about Croydon. They will hear the Prelim case but will then stay it. This happened to me and countless others. My prelim case was 17th Oct.

[conalot]

had stay hearing ordered by judge at teesside combined courts on 13th nov was telephone conference the stay shouldnt of applied to my case as bank defaulted before test case was anounced by not handing in bundle by deadline of 11th july

 

i was there the banks barrister was there we sat listening to each other breathe and shuffle paperwork for an hour!!!!

 

THE JUDGE DIDNT SHOW as its BT that is to connect judge when we r both on phone an didnt !!!!

 

so a new hearing date has been ordered by judge guess when .......some time in new year..... what a joke!!!!!not

[chonker]

Edmonton county court stayed my claim

[car2403]

It looks like the OFT waiver is due for review soon, which may effect Court stays also?;

 

BBC NEWS | Business | OFT rejects banks' charges claim

[adamc6671]

It looks like the OFT waiver is due for review soon, which may effect Court stays also?;

 

BBC NEWS | Business | OFT rejects banks' charges claim

 

Sadly there is very little, if anything, new in there. I'm becoming more convinced than ever that the whole 'test case' thing is nothing more than a means of shutting us all up for a long while to come, with no hope of refunds of unfair charges for probably years to come! Virtually every Court seems to be staying everything now, regardless of whether its Bank or Credit Card, so they're obviously playing along! What hope do we really have?

 

All the best - Adam

[barcaboy]

Salisbury County Court

Stayed

[trollstar]

has anyone seen http://www.consumeractiongroup.co.uk/forum/nationwide/121676-bank-charges-stay-lifted.html

[bitmissing]

Unfortunately, although not surprisingly, I got stayed at Lambeth. The judge heard my representations and a couple of sentences from the guy representing A&L, and then read a prepared statement telling us he saw no reason for the case not to be stayed pending outcome of the OFT case.

I produced copies of the OFT update from their website that said the case was only the first step in the process and that they are obliged to reach a settlement out of court if they can, but to no avail.

However I suspect the banks were well aware of the requirement that the OFT attempts to settle without going through the courts and have abused the whole process to delay the inevitable. It clear that people are taking offers because they cannot afford to wait until the whole process is complete. I suspect cost benefit analysis has shown that coupled with interest the banks accrue on the money they have taken off of us, this is the least costly course of action.

Were I a bank, this is probably the course of action I would go for (having few morals myself). The last thing they want is legal precedent to be set, and their best option is a long delayed settlement. If OFT accept a £12 charge as they have with credit cards, many people will accept this and probably a much smaller number won't. It will be much more cost effective to accept £12 on future charges, offer £12 on all existing claims and then settle the much smaller number that still wish to go to court at the 11th hour.

Clearly with the amounts of money that are now being discussed that the banks have fleeced us of over the last 6 years, full settlement is not an option. The payments would destabilise the banking sector acutely and I have no doubt the government will intervene to prevent this.

[My Real Name]

Woolwich County Court has stayed my case.

[royboy68]

District Judge Anson has today stayed my case at Preston county court

[reetnproper]

Just phoned Scun thorpe County Court to request the claim forms to be sent out in readiness for LTSB not responding to my last letter.

 

Asked them what their current policy is in respect of Bank Charge Claims and they have told me that they are still running a 'Case by Case' policy in respect of stays.

[puppylove]

Does anyone know if N.I courts are staying claims?

[stabiloboss]

Hi All,

 

I am interested if anyone has much knowledge in regards to a stay or suspensions of claims from being applied in cases where there are financial difficulties.

I understand that these are known as hardship cases, but I'm not too familiar with them.

I had a quick glance through examples of hardship that are likely to be considered and trust it would apply to me.

However, other than the template for an application for removal of stay - I can't seem to find much info!

 

Any help? Thanks

[car2403]

stabiloboss, my personal view is that you shouldn't rely on the template application to lift the stay - you'll see from other threads that this hasn't been successful in the majority of cases. (and now the Judges recognised the template as coming from this site)

 

If you have specific reasons to have your case heard, I'd suggest applying by letter to the Court to have the stay lifted. Undoubtedly, this will result in the application being rejected - in which case you can request that decision to be reviewed, which will probably result in an application hearing being set where you can attend Court and put your case forward.

 

IMHO, this is a complete waste of your time as most Courts aren't even giving these applications the time they legitimately deserve in consideration - it really is bordering on the side of criminal the way this is being handled on the whole.

 

It might be worth a go though, so don't let me put you off...

[TUTTSI]

I agree with Car, the judges are picking up on the templated applications and with the test case being here in just 3/4 weeks time, the district judges do not want to make any decisions in respect of hardship, but there are some courts that are still hearing cases!.

 

The only other route is the FOS, they are dealing with hardship cases, but IMHO, they are very slow and the chances are that they will not now be able to deal these cases untill after the test case. My case has been with them since November and I have heard nothing.

 

My own hardship case has been transferred from Barnet CC to Central London to be heard on a bulk basis and so far I have not received a date for this hearing and this has been going on since November,

 

It may be worth a letter as Car states, but in addition I would also send it to your bank and a copy to the courts stating why they shoud reconsider your case as it is one of hardship. I would also enclose with that letter proof of your hardship, ie Mortgage/Rent arrears, Council Tax arrears and any other arrears that you have also the reasons why you are in arrears, ie illness etc.. Everything is worthy of a try, but may not get any reaction from your bank or court as they really do not want to pay out at this time or at least untill after the outcome of the test case.

 

Good luck and keep us advised on what you decide to do.

 

Ds

[stabiloboss]

Thanks to both of you for such quick responses!

 

I had seen the matter mentioned on Money Saving Expert and thought it may be worth a look at given that my local county court (Brentford) is placing the stay on cases.

At the moment I have not got an active claim. I originally started my claim in January, followed the process using CAG's advice and templates. I was made an offer substantially lower than the amount I was claiming for and so did not accept the offer.

However, I had been diagnosed with cancer last December and this ultimately interfered with the whole process and only now am I able to approach the matter again.

So, this is why I was wondering if it would be a fruitless task for which I would only be met by a stay....of execution!

I simply cannot afford to stump up court fees for little reason.

 

Any suggestions are gratefully received..

[Guest Macedonian]

Hi stab

 

The honest truth is that even hardship cases are being ignored by the banks and the courts don't want to allow any claims through. This is despite the conditions of the waiver that the FSA says (deceitfully) are being upheld.

 

Terminal illness or being about to emigrate have been stated by judges as acceptable grounds, but even then I doubt they would do it.

 

Otherwise, they seem to be saying that the hardship must be shown to be CAUSED by the charges, not just exacerbated by them. I think this makes it virtually impossible to prove, even if it were truly the case. This, of course, is exactly what the banks and the courts want.

 

The other trick that the banks are now using where cases get to court is to delay sending in paperwork as required, then to appeal on the day to change the nature of the hearing. This happened in Torquay recently where a stay was successfully lifted by the court on hardship grounds. The bank appealed the lift and at the hearing to discuss the stay they changed it to a full hearing and the judge weazeled out of awarding the claim on bogus grounds. In a very recent case on CAG by groovycaz, a business claim hearing was changed to a limitation hearing in the courtroom, meaning the claimant was not fully prepared.

 

The banks are using such dirty tricks now to obstruct claims that do get to court and I think its getting almost impossible to win a claim now. In any case, you couldn't get this through before the test case now.

 

Sorry to sound so negative, its just that the banks' and courts' idea of hardship doesn't relate to reality and I just don't think you can win now until after the test case - however long that drags on.

[stabiloboss]

Just out of curiosity.......what is the general opinion on the outcome of the test case?

[stabiloboss]

Hi Macedonian, more good advice to consider.

 

When you say it's almost impossible to win a claim now - do you mean a charges claim or a hardship claim?

 

I was uplifted by a TV article I saw this week which highlighted cases of success in recent weeks. It didn't refer to the stagnant court situation though, just a brief mention of the test case.

[TUTTSI]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/100470-my-story-simon-sh-new-post.html

 

Take a look at this case, Abbey recently paid out on financial and medical grounds, see if there is any mileage in how he got his claim paid and if this can be applied to you and your bank!

 

It is I am afraid a very very very long thread as Simon has a very large following, and it does portray the ups and down of his own situation. It is always worth reading these cases and then to see if this could apply to you.

 

DS

[TUTTSI]

Thanks to both of you for such quick responses!

 

I had seen the matter mentioned on Money Saving Expert and thought it may be worth a look at given that my local county court (Brentford) is placing the stay on cases.

At the moment I have not got an active claim. I originally started my claim in January, followed the process using CAG's advice and templates. I was made an offer substantially lower than the amount I was claiming for and so did not accept the offer.

However, I had been diagnosed with cancer last December and this ultimately interfered with the whole process and only now am I able to approach the matter again.

So, this is why I was wondering if it would be a fruitless task for which I would only be met by a stay....of execution!

I simply cannot afford to stump up court fees for little reason.

 

Any suggestions are gratefully received..

 

If you are on benefits you may be exempt from court fees. If you do decide to go the court route complete an N1 form and not a claim on line as all these are definately being stayed no matter what. Also, if I was completing a N1 claim now, I would include the hardship angle as a direct result of the charges being applied to your account.

 

DS

[stabiloboss]

Thanks DS, I've just had a scan at Simon's story and will go through it properly bit by bit.

 

I'm not on benefits. My workplace were great and kept me on throughout - however, due to my contract, I don't get paid - just their support and a job waiting for me. I had been back to work since diagnosed because I had improved and was fit to.......briefly.

I survive financially through family and partner's support.

Within the last year my credit score has plummeted and to make things worse - simply out of the blue.....HSBC wrote to inform me that my OD was to be revoked (I now have to pay £100 off the balance each month!!!).

I hadn't been over my agreed limit and I had the min. required finances going through my account to pay rent! Within the last year they also revoked my CC.....I still have an active, up to date loan with them. I'm now getting dozens of missed calls from them from 8AM through to late evening as I rarely carry my phone anymore!!

 

I'm not entirely sure how I could argue that my hardship was purely down to the charges........my head already hurts!

 

I wonder how HSBC's credit score is holding up with all the recent CCJ's and bailiff visits!

 

Really - I'm just trying to consider everything properly before approaching the beastly bank again!

[Guest Macedonian]

Hi Macedonian, more good advice to consider.

 

When you say it's almost impossible to win a claim now - do you mean a charges claim or a hardship claim?

 

I was uplifted by a TV article I saw this week which highlighted cases of success in recent weeks. It didn't refer to the stagnant court situation though, just a brief mention of the test case.

 

The press will never deal with the full picture and only use selected items. because the reality reveals the picture of what is really happening with the banks, regulators and courts, they shy away from appearing to be too critical. They also don't really cover the serious hardship that the waiver - and the courts' own refusals - are doing to victims of charges.

 

Hardship claims can be won, just almost impossible I think and the definitions of hardship have been kept deliberately hazy so that there is always some way the banks and courts can argue against it. In another recent case of clear hardship, a seriously ill claimant (who is a single carer for a severely disabled child) was supported in a hardship claim. The claim was successfully challenged on the grounds that they had Sky TV for the child who can't go out. This is the disgusting level that the banks are prepared to go to. I rest my case.

 

Where any case goes to court now anyway, expect the bank to send solicitors to block the claim, as I have stated.

 

I'm just warning so that you don't invest lots of time or get hopes up. i hope someone can provide more positive help - that's just how it is sadly.

[TUTTSI]

BBC NEWS | UK | Banks 'prey on customers in debt'

I read this BBC article this morning and I believe it is regarding HSBC, you may find this of interest to you. I still think it is worth writing to your bank advising them of your situation and then take it from there. By this time we should know the outcome of the 1st round of the test case, as I am sure if the banks lose they will go to appeal.

 

But the sooner you put your claim into court the better, as it would be protection for you that your claim is in the sytem and that it will be given some priority after the test case.

 

You may just consider putting your claim through the Financial Onbusdsman (FOS), that will cost you nothing and that is in your situation may be worth considering. You can download the complaint form from their site. It would have to be on the hardship angle and that together with your medical condition they should then take all this into consideration. At least this will not cost anything and a claim will be in progress. You will also need to send them the letter which you received from them and I still think you should also write as I suggested in a previous thread to HSBC advising them of your medical condition at present and your financial hardship to see if they will pay out on your claim.

 

DS

[stabiloboss]

I'm amazed how low they will stoop Macedonian!

 

DS, I actually went into a branch and told HSBC over the phone several times of my condition. They told me I could consider a further loan (early in the year) or look elsewhere (CAB) for financial advice.

Shock horror - lots of help.

But I'm considering starting this claim with a recap letter and stressing my condition, pointing out their previous offer and so on. I really am trying to figure out which road is best travelled given the time delay of my entire claim!

As I understood, the FOS was also in a state of shutdown on these matters until the test case had concluded! No?