Find out here if your local court is staying claims

[TECHSPEC]

Thankyou and Hi TECHSPEC,

I think the Financial Ombudsman, is that who you mean? is probably the safest route and cheapest ,if the longest!!!

Is there a template form available to help fill in credit card claims with the F.O.,please? Many Thanks ,pinadagolf lady:)

 

Yes thats right, FOS is the Finacial Ombudsman Service.

 

You are right that they are slow, but so are courts if the case is stayed. Credit card companies like Capital One, who paid up pretty easy before, are aware that the judges are messing up, so they are now holding back some offers.

 

Follow the bank reclaim thread on the Money Saving Expert home page. Scroll down to the FOS option, and it tells you what to put on the form.

[olympic1805]

I am in court tomorrow, rand Preston Combined Court today, they told me case has nOT been stayed and too attend as usual, crapping it now !!!!!

[pinadagolf]

Olympic1805

 

GOOD LUCK!! Pinadagolf lady

[TECHSPEC]

If your CREDIT CARD case is stayed , and you cannot get it lifted, then the FOS would take on the case, if you withdrew the court case.

[tifo]

If your CREDIT CARD case is stayed , and you cannot get it lifted, then the FOS would take on the case, if you withdrew the court case.

 

I thought if you take it to court then the FOS will not look at it as court has higher jurisdiction?

[car2403]

I thought if you take it to court then the FOS will not look at it as court has higher jurisdiction?

 

You will need to withdraw your Court Claim first.

 

Morpeth and Berwick County Court - application to lift the stay denied, I've asked for the decision to refuse it to be referred back to the Judge again - still denied and original/standard Order to stay still stands.

 

I can't be bothered with banging my head against a brick wall, so I won't even ask about holding a hearing! Thank you, Justice!

[taff-p]

wrexham county court are now staying cases.although i have not recived confirmation in writing as yet.

[jomo]

Hi all,

 

I've received a letter (dated 11 September) from Hull County Court informing me that there will be a hearing on 1 October for my application to have the stay on my claim lifted. I didn't send in the N244 form, but simply wrote a letter to the Court (including a Witness Statement based on the templates provided on this site) stating my reasons for the application for the stay to be lifted. I also sent a copy to SC&M.

 

I haven't sent out a bundle to the court or the defendant and I'm worried this will affect my position at the hearing. (I'm putting a bundle together now). Is it too late to send a bundle now? I doubt I'll have it ready before tomorrow (Wed) afternoon.

 

The thing is SC&M have already sent me a second offer of settlement in full, which I signed agreement to and returned (they say they have no record of it). I've phoned them on several occasions, but they don't appear to know what they're doing (or perhaps they do!!)

 

Has anyone else had any positive experience of a hearing for application to lift a stay?

 

jomo

[mich220104]

I had my case stayed by sunderland court and was informed by letter the judge mad the decision without either party present.

[jayjoejones]

Hi there, I need some advice please if anyone can help, I live in Hamburg and have sent six letters in all, now just past the 7month being ignored phase I have a partial repayment offer of a third of what has been swiped, not enough! So can any tell me do I have to proceed with court action in the UK or is it possible via a European court?

[jomo]

Thanks mich220104,

 

The same thing happened with me. But I'm hoping to succeed in my application to have that stay lifted.

 

jomo

[pinadagolf]

What a mess the court system is in!!!!

I have just sent my credit card claims by recorded delivery to the Financial Ombudsman today.They had all offered a pathetic refund!!

It may turn out to be quicker than the courts!!

Pinadagolf lady:mad:

[photoman]

Hi all,

 

I've received a letter (dated 11 September) from Hull County Court informing me that there will be a hearing on 1 October for my application to have the stay on my claim lifted. I didn't send in the N244 form, but simply wrote a letter to the Court (including a Witness Statement based on the templates provided on this site) stating my reasons for the application for the stay to be lifted. I also sent a copy to SC&M.

 

I haven't sent out a bundle to the court or the defendant and I'm worried this will affect my position at the hearing. (I'm putting a bundle together now). Is it too late to send a bundle now? I doubt I'll have it ready before tomorrow (Wed) afternoon.

 

The thing is SC&M have already sent me a second offer of settlement in full, which I signed agreement to and returned (they say they have no record of it). I've phoned them on several occasions, but they don't appear to know what they're doing (or perhaps they do!!)

 

Has anyone else had any positive experience of a hearing for application to lift a stay?

 

jomo

 

Jomo

 

Did you send your acceptance letter by recorded delivery, and have you tracked it online to see if has arrived? Do you have a copy of the letter ?

 

I am no expert here (and I'm sure a Mod or someone who has had similar experiences wil be along soon), but I think that if you can prove the two points above there are actions you can take to enforce their compliance.

I'm sure someone will advise you on this soon.

 

Good luck

 

PM

[olly5814]

Bury county court stayed this morning

[jomo]

Hi all,

 

here's the latest on my claim...

 

I recieved a letter from SC&M this morning informing me that their Client "will be settling the above claim by crediting funds... direct into your Bank Account within the next three working days."

 

I have checked my account and the money has indeed now been deposited - just over £1200.

 

I assume this has been settled now because of the hearing of Application of Stay To Be Lifted, which was scheuled for Monday 1 October at 15.30. To be honest, this was what I was hoping for when I wrote to the Court (and sent a copy of the letter to SC&M) asking for the Stay to be lifted.

 

Whatever, I'm just pleased it has now been settled. I did begin to get a bit worried after the announcement of the OFT case.

 

Thanks again to everyone for their input. I'd have been completely dead-in-the-water without the help and info provided by this site.

 

jomo

[TECHSPEC]

I assume you asked for an hearing on the stay form then, and paid the extra.

 

I might do that, instead of paying £35,

[monkeymax]

i have already applied for a lift of the stay on my claim but did not tell my bank. I have now forward the application for my bank to retain a copy. Maybe the info in there will get them to make me an offer before the courts get chance to reply??

[TECHSPEC]

I complained about my court staying credit cards.

 

I reieved a letter from Halifax CC today, saying that the district judge declined to deal with it, saying that it was a matter for the designated civil judge.

 

So if you get a numpty judge, who does not know whats happening - your basically stuck with him.

[jomo]

Hi TECHSPEC,

No - I wrote a letter to the court [text below], and they wrote back about 2 weeks later informing me of the date of the hearing. I didn't have to pay any extra fees or charges.

 

___________________________________________

Text of letter:

 

Dear Sir/Madam,

 

On 16 August 2007 I received a General Form of Judgment or Order (dated 14 August 2007) from the Kingston-Upon-Hull County Court, in which it was ordered that the above claim is stayed until further order.

In accordance with Paragraph 4 of the Order I would like to apply for the stay to be lifted. The document attached to this letter explains my reasons for making this application.

Yours faithfully,

_____________________________________________

the document attached was based on the 'Witness Statement' available for download from this site. And that was all I sent.

 

jomo

[TECHSPEC]

Just proves what a lottery it is.

 

I was told to write and send no money. After a month, they changed their mind and asked for £35 and the correct forms.

[TANZARELLI]

Yep its pretty much a lucky dip as to what judge you get and if they are aware of whats going on. However there we are seeing more stays being lifted but hardship is the key factor in all of these all bar a few credit card stay removals I have seen.

[Puckers]

York county court stayed 20 cases on tuesday. Its wrong you pay your money (£385 from me so far) for hearing, do the court bundle (more expense nealry 1000 pages by the time u have printed 3 copies) and then the bank just waits till hearing and judge just grants the stay the bank asks for, It would appear that our courts are as guilty as the banks for taking money from the people who can least afford it then making them wait!!!!!

[car2403]

York county court stayed 20 cases on tuesday. Its wrong you pay your money (£385 from me so far) for hearing, do the court bundle (more expense nealry 1000 pages by the time u have printed 3 copies) and then the bank just waits till hearing and judge just grants the stay the bank asks for, It would appear that our courts are as guilty as the banks for taking money from the people who can least afford it then making them wait!!!!!

 

I'm feeling it for you, too, Puckers!

 

It's also no consolation that Court fees are being reduced as from 1st October - they must be making TOO much money, eh!?

[Lindy Lou]

I was told some time ago that my boss's case would be stayed - I am looking after it for her. We still haven't received written confirmation of this and the court date is for tomorrow. I have called them every day this week to confirm that the case has been stayed and they assure me that 'every case in the country is going to be stayed' and to 'watch the TV for the outcome of the test case'. The first bit seems to be untrue.

 

I am unhappy about not attending court without having had written confirmation not to do so, but apparently Peterborough combined court are not writing to anyone to tell them this. Does this also remove people's right to request a removal of the stay? I was waiting for something in the post before sending this.

[sparks76]

Hi can anyone help , I made a claim to NW for all my stmts in April, when they arrived in June! there were two stmts missing, in there place were two pages belonging to another cst. I have called them 5 times & been promised they have been sent & will be re-sent (1 person suggested they may have been sent to my previous address held at time original stmts issued) can I make a court claim against NW for breach of Data Protection Act? as they have failed to provide all info within required 40 days?

 

I would appreciate anyones advice:???: