Find out here if your local court is staying claims

[TUTTSI]

Icy,

 

Barnet CC are issueing blanket stays, even on Business accounts which does not fall under the remit of the OFT test case.

 

They say you can within 7 days application can be made to set aside paying the appropriate fee.

 

DSxx

[TUTTSI]

BBC NEWS | Business | Banks still being sued over fees

 

The above link contains the following description of the origin of stays a month ago:

 

To allow individual claims to proceed is likely to result in considerable wasted costs

 

Judge Gary Hickinbottom

 

"When the Office of Fair Trading and the banks agreed at the end of July to go to a test case on the legitimacy of overdraft charges, the banks also approached the Master of the Rolls, the head of the civil justice system in England and Wales, and asked him to stay all current cases.

However, Sir Anthony Clarke decided not to do so.

 

Instead, his deputy wrote to all senior civil judges in England and Wales and asked them to consider staying cases on a case-by-case basis, as appropriate. In other words, he left it up to them."

 

-------------------------------------------------

 

I appreciate marcus2864's scepticism about stays being lifted by a grassroots petition. However, even more so I agree with peterpete's point that justice at the moment is asymmetric.

 

Banks can put victims' lawsuits into limbo pending the OFT hearing. But victims are not allowed to resist still more unlawful charges ahead of the selfsame hearing. Banks can stop victims. Victims cannot stop banks.

 

Judge Hickinbottom gave one reason for the stays -- "To allow individual claims to proceed is likely to result in considerable wasted costs". I would suggest that to disallow individual claims to proceed even while fresh injuries are daily inflicted, will signal to the nation that law courts condone one-sided contempt for the law.

 

If CAG would like to head a petition I want to be the first to sign -- for the Master of the Rolls to advise courts that, if any bank does not immediately stop levying further allegedly unlawful penalty charges, that hearings stayed against aforesaid bank should be allowed to resume their progress.

 

If banks say there is no merit in this allegation of unlawfulness, why have they all refused as one over the past 17 months to refute this allegation in court? £39 penalty charge for going overdrawn 39 pence?

 

You cannot be serious.

 

 

Here here, nicely put and Ill be the 2nd to sign. The courts are now causing much more havoc and why are they siding with the banks!!

 

DS

[adamc6671]

. . . if any bank does not immediately stop levying further allegedly unlawful penalty charges, that hearings stayed against aforesaid bank should be allowed to resume their progress.

 

That is, quite simply, the best suggestion I have seen on the whole issue of stays!

 

But how do we get it applied universally in the Courts?

 

Adam.

[sergeant514]

Afternoon,

 

Just to bring my local area and the list up to date, Mold County have placed a stay on my case against Nasty Westy.

 

Regards

 

The Serge

[WatHorn]

From my conversation with Watford County Court and two recent letters received from them regarding my wife and our joint accounts, it would seem that they have also stayed all bank charges cases.

[thedynamix]

Just phoned Central london County Court and I can confirm that they are not automatically staying cases and have a notice there to specifically work on a case-by-case basis.

[WatHorn]

It seems that if the Banks apply for stays, we should use the stay template to attempt to get it lifted, but if the Court applies the stay, that's all right then. It's o.k. for the banks to breach my Human rights but not the courts?

[Rathercross Charlie]

Gloucester County Court

 

Have stayed four claims (Lloyds/ Lloyds Card Services, Egg & Cahoot)

 

Am appealing

[invictus]

Please update the list, Keighley are staying all cases.

[herbs]

This might sound stupid but my case has been stayed by southend county court, but my local court is colchester who transfered it to southend just befor the stay was issued. is this just normal procedure or has something irregular occured. and when is the test case.

Herbs

[Lukep]

High Wycombe are now staying. The judge said she had no other option.

[The Phantom]

Sorry if this has already been answered , but do I have to file at the court closest to me or can it be one nearby ?

My local one stays all claims, while the next one along up the road (approx 20 min by car) proceeds on a case by case basis

Could I file there instead ?

[chezt]

Icy,

 

Barnet CC are issueing blanket stays, even on Business accounts which does not fall under the remit of the OFT test case.

 

They say you can within 7 days application can be made to set aside paying the appropriate fee.

 

DSxx

That's all well & good them sating that but it's wrong for them to stay cases which shouldn't be ... I've had one stayed for a c/card claim after the bank requested it & they are not covered either! I've written to the court advising this & have had the same reply that I can apply to have it lifted & the usual fees apply! Why should we pay when it shouldn't be stayed in the first place - the banks are abusing this order & I for one will be making a complaint to the relevant authorities about it.

 

Thing is - i'm sure the fee for the stay being lifted is not claimable back from the banks either - Mine's not a big claim so looks like I'm stuck with the stay for now as i really don't wanna be throwing any more money at it - especially money I won't get back!

 

Rant over!

[chezt]

Sorry if this has already been answered , but do I have to file at the court closest to me or can it be one nearby ?

My local one stays all claims, while the next one along up the road (approx 20 min by car) proceeds on a case by case basis

Could I file there instead ?

 

You can file your claim at whatever court you like - it's your claim! Good Luck

[The Phantom]

Many thanks !!

[Clippy]

Hi Icy just to let you know I attended court this morning and was told that Judge Gerlis at BARNET COUNTY COURT had stayed all claims relating to bank charges 2 weeks ago. No letter no phone call nothing.

[chezt]

Hi Icy just to let you know I attended court this morning and was told that Judge Gerlis at BARNET COUNTY COURT had stayed all claims relating to bank charges 2 weeks ago. No letter no phone call nothing.

 

How Courteous!! I can't believe they didn't have the decency to write to you - I would have been most annoyed if I'd arranged time of work & child care to attend court - If it were me I would be tempted to write to the judge to 'air' my dismay!

[Clippy]

Yes indeed, I am thinking about what to write. Turned up, the case was on the boards under the WRONG name and to top it all the judge didn't have a copy of my bundle. I really despair for the state of our courts. I felt as if I had been swept under the carpet with all the dust.

[Rathercross Charlie]

I've written today to Gloucester CC in respect of 4 stayed cases, only 2 of which are bank accounts, the other 2 being loan and/or credit cards.

 

I've paid my £35 each and am feeling a little miffed by the whole farcical situation!

[Spurs9]

Edmonton County Court has stayed claim. General Form of Judgment or Order received today stating:

"It is ordered that the claim is stayed pending decision of the high court in the case of OFT v Abbey National PLC and other"

[Micky the Hippo]

Edmonton Court

 

Natwest wrote me today asking if I agree to a stay, which I assume means the court hasn't given them what they wanted automatically

[wriggle]

Hi all, i had my claim stayed against Barclays at Ipswich County Court. I put in a application to lift the stay and £65, received a letter this morning to say i have a court date to see if i can have the stay lifted. Does anyone know what i have to take to this. Is it just evidence of financial hardship, thanks

[car2403]

You can file your claim at whatever court you like - it's your claim! Good Luck

 

I can't disagree, but the claim will be case managed by the Court you issue at and can be transferred to a Court local to the Claimant, in these cases.

[TUTTSI]

It is beginning to look like blanket stays accross the board, not many cases are getting through.

 

Apart from the N224 for removal of the stay what else can be done, the legal system is a sham at present.

 

DS

[Micky the Hippo]

Edmonton County Court has stayed claim. General Form of Judgment or Order received today stating:

"It is ordered that the claim is stayed pending decision of the high court in the case of OFT v Abbey National PLC and other"

 

quite right too

 

stay the spuds

 

up the irons