Find out here if your local court is staying claims

[muggins73]

I've just spoken to a lady at Bournemouth Court who doesn't know of anyone applying to have their stay lifted, let alone have it successfully removed:(

 

She couldn't give me a 'heads up' as it were, a simply said that if I applied to have it lifted it is solely at the DJ discression. How helpful is she!!!!!

[remus]

NEWPORT ISLE OF WIGHT STAY request by HSBC GRANTED:mad: Hearing 11/9 Vacated.

[remus]

Muggins73, just spoke to the court, and said about putting in an appeal to the stay, and she said it would cost.

Anyone know if this is the case? and how much?

[muggins73]

You fill in a form N244 Application Notice from the hmcs website. It will cost £35 squids I'm afraid providing you tick that you wish to have your application dealt with without a hearing, as at a hearing costs £65.

 

Have a butchers at this link, everything will become clear.

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

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

Hope this helps:D

[monkeymax]

i had my case stayed against Barclays in Kingston County court last Thursday. What do you think are my chances of lifting this stay?

[beetlejuice]

I've applied for a lift at Brentford CC I'll let you all know how it goes not heard anything yet.

 

BJ

[thedynamix]

Hi guys, I am not sure what 'staying cases' means? Am I right in thinking that if a CC has stayed a case then it means that the case won't be heard untill the OFT case is finished?

 

What's the best thing for me to do? I need to send off my N1 and POC and I live in the London region. Should I look through the lists provided on here and file at a court in London which is known to be "staying cases" or one which isn't?

 

Thanks!

[muggins73]

Hi guys, I am not sure what 'staying cases' means? Am I right in thinking that if a CC has stayed a case then it means that the case won't be heard untill the OFT case is finished?

 

What's the best thing for me to do? I need to send off my N1 and POC and I live in the London region. Should I look through the lists provided on here and file at a court in London which is known to be "staying cases" or one which isn't?

 

Thanks!

 

'claim be stayed' simply means put on hold, pending the final determination of the OFt test case (which could amount to 2 years:o)

 

It is totally up to you how you wish to proceed, it may be worth looking through the list for a court that appears to be carrying on as normal as you've suggested, but there is a chance that your claim may be moved back to somewhere local.

 

In the long run this test case will be beneficial to all, but in the short term it is one great big pain in the rear:D

 

Good luck with whatever you decide.

[thedynamix]

Thanks muggins, thats a lot more clear.

 

And if I decide to file at a court and my claim is stayed, is there still hope for a way to push it through?

 

Why do courts stay them claims? A matter of fairness or?

[muggins73]

This is new territory for us and the courts, so things are still very much up in the air at the moment.

 

There is no clear cut way of predicting what is going to happen with future court proceedings. The only sure thing is that the tide is definately turning, and hopefully in our favour.

 

I've read somewhere that the courts do intend to hold a meeting with regards to these 'stays', but exactly when and how long this will take is beyond me...if the truth be known I doubt if even god knows!!!LOL!!!!

[beetlejuice]

It's shame we can't charge the courts interest on our claim fee, that might move them along a bit!!!!

" inconsiderate borrowing rate" of ??.

 

 

BJ

 

[muggins73]

It is a damn shame,bj.

 

I think it'd go down a storm, dont you?

[beetlejuice]

perhaps we should be allowed to submit claims with no fee in the interim I have one or two at LBA stage for Banks! Then pay the fee once the big boys have had their bun fight!!

 

BJ

 

[Mistermind]

In the long run this test case will be beneficial to all, but in the short term it is one great big pain in the rear:D

 

Beneficial only if the OFT pushes for a low rate. Dublin banks this very day charge £3 penalty fee, CAG and PenaltyCharges.co.uk suggested £5 fee, while the OFT itself set an intervention threshold of £12 on 5th April 2006 for credit cards, later stating without fanfare that £12 also applied to banks and mortgage lenders. Banks and mortgage lenders laughed at the OFT, who did nothing.

 

Some have suggested if you start your reclaim today you could go back to September 2001. But if the worst came to the worst and the test case with appeals do not reach final verdict until September 2009, then the civil Statute of Limitations makes it hard to reclaim penalty charges before September 2003, also losing the pre-2003 8% Statutory Interest to boot.

[muggins73]

Beneficial only if the OFT pushes for a low rate. Dublin banks this very day charge £3 penalty fee, CAG and PenaltyCharges.co.uk suggested £5 fee, while the OFT itself set an intervention threshold of £12 on 5th April 2006 for credit cards, later stating without fanfare that £12 also applied to banks and mortgage lenders. Banks and mortgage lenders laughed at the OFT, who did nothing.

 

Some have suggested if you start your reclaim today you could go back to September 2001. But if the worst came to the worst and the test case with appeals do not reach final verdict until September 2009, then the civil Statute of Limitations makes it hard to reclaim penalty charges before September 2003, also losing the pre-2003 8% Statutory Interest to boot.

 

Like I said...one great pain in the rear:D

[TUTTSI]

Hi everyone, my hubbys HSBC claim at Barnet CC has now been stayed - looks like blanket stays at this court. Just considering whether to try and get it lifted.

DS

[kopw]

Just had confirmation today that HIS HONOUR JUDGE HICKINBOTTOM sitting at Cardiff, has stayed my claim. I have applied for the stay to be lifted. The only good news is that Cardiff County Court are waiving the fees.

 

If my application is not successful then I'll put it on the back burner and forget about it until I get something through the letterbox in a few years. I just can't cope with all this stress. I get enough of that at work.

[adamc6671]

Some have suggested if you start your reclaim today you could go back to September 2001. But if the worst came to the worst and the test case with appeals do not reach final verdict until September 2009, then the civil Statute of Limitations makes it hard to reclaim penalty charges before September 2003, also losing the pre-2003 8% Statutory Interest to boot.

 

It is my understanding (from many posts on CAG) that the Statute of Limitations says one has to start action in the Court within 6 years of becoming aware that the event(s) that led to the claim were unlawful. I believe that nothing says one can't claim back more than 6 years from that point - after all, if a charge was unlawful almost 6 years ago, then, if there was no change in the law, that charge was equally unlawful more than 6 years ago.

 

I do, however, stand to be corrected if my understanding of this point of law is wrong, and would be very grateful for a correct explanation!

 

All the best - Adam.

[fzrkitten]

Hi all,

 

I spoke to Coventry Court yesterday and was advised they are looking at cases on an individual basis, and there is no blanket stay.

 

Regards,

 

Fzrkitten.

[Crazy Diamond]

car

 

I know all about this one.

 

However, the information is potentially helpful to members and should be shared.

 

If you PM me I can provide details.

 

Would it not make sense to just share it then?

[lovejoyviii]

st helens cc judge sat our case and heard my objection to the stay and said basically unless the claimant had 2 months to live he was going to stay all cases.Does this mean that we've a good chance of losing our cases.Can't see OFT having financial backing equal to the banks.

[ICY]

been away for a few days will get onto updated the list shortly this afternoon, as it look quite out of date

[**Tilly**]

have just spoken to banbury county court all cases being looked at on an individual basis

[Richl812]

Just spoken to Peterborough County Court and they have advised the courts are AUTOMATICALLY staying claims on descent. The banks no longer have to apply.

 

There is a ruling they send out to you advising the reasons, but more worringly if you apply for the stay to be lifted you acknowledge the court may apply costs against you.

 

Peterborough believe this is now happening at the majority of courts across the country and recommend you check with your local court before applying for a stay to be lifted.

[norvernrob]

Hi

 

To the best of my knowledge, with Credit Card claims there is no argument about 'breach of contract'. Charges are applied for exactly that reason, and therefore there is no need for the Court to wait for the OFT test case (versus the High Street banks, and NOT the credit card companies) to decide if the UTCCR's apply to credit card claims. I would, therefore, be VERY interested to to know why the Judge at Chesterfield has decided to stay these claims. As I've said elsewhere, some Judges seem to give the consumer a very 'raw deal'!

 

All the best - Adam.

 

 

You're right of course. My sister telephoned me when the clerk told her the claim would be stayed, I told her to enquire why, as the OFT case has no relevance to credit card claims. The clerk went away to ask and came back with the answer that the judge is staying all claims regardless.

 

The probable answer is that the courts have never seen so many cases since the whole bank charges thing exploded, we've been a major pain in the *rse and a blanket stay is a simple way to avoid it all.