Find out here if your local court is staying claims

[kopw]

i was due to 'win' my case v NatWest at wigan county court as they did not respond before the deadline set by the judge, then i received a letter from nat west saying they were staying until the outcome of the OFT, which was confirmed by the judge!! how can they state that if a bank does not respond before the deadline the claimant will win, then go back on this?

 

 

It looks as though the banks own the courts.

[legalpickle]

i was due to 'win' my case v NatWest at wigan county court as they did not respond before the deadline set by the judge, then i received a letter from nat west saying they were staying until the outcome of the OFT, which was confirmed by the judge!! how can they state that if a bank does not respond before the deadline the claimant will win, then go back on this?

 

Yup. Life sucks!

[car2403]

i was due to 'win' my case v NatWest at wigan county court as they did not respond before the deadline set by the judge, then i received a letter from nat west saying they were staying until the outcome of the OFT, which was confirmed by the judge!! how can they state that if a bank does not respond before the deadline the claimant will win, then go back on this?

 

Try using that argument the next time a Bank takes YOU to Court and see how far you get!

 

The word "injustice" doesn't cover it.

 

The Judge may have saved you some money though, as if he had heard the case and the Bank appealed you may have been liable for their costs... Little consolation, I know...

[Jacklotr]

Just got back from my Case Management Conference at BRECON LAW COURT (BRECKNOCK COUNTY COURT) (judge, barrister on behalf of Barclays and myself!) and the judge had decided on a stay before the barrister produced a draft order for a stay.

[NEaction]

I was due in court tomorrow but I received a letter from Newcastle-upon-Tyne County Court informing me that " This claim is stayed until one calendar month after final judgement in the test cases (including any appeal) or Friday 31st October 2008."

[JGJ]

North Shields court me V LLOYDS stayed until after the big meet in the new year:mad: The D.D.J. would not accede to any of the points raised to the "OBJECTION OF THE STAY" "argument , in particular the "CONDITIONAL ORDERS" (19) arguments, as in my submission for my claim, in the main points to argue Para 3 "BREACH OF CONTRACT" I/WE admit to a "BREACH OF CONTRACT". The banks submit in their defence charges are not related to "BREACH OF CONTRACT".Therefore the D.D.J. ruled because of my/our admittance to the breach he could not and would not accede to any of the "CONDITIONAL ORDERS" preventing the bank from taking further Legal business decisions against my accs.Therefore in my opinion the "ARGUMENTS" in the "OBJECTIONS TO A STAY" or the "BREACH OF CONTRACT" (3) re the main claim are FLAWED and one or the other has to be recanted. Could one of the Legal Eagles/Mods etc.have a look, we have to convince the judges with sound argument.

[WendyB]

Walsall County Court are not staying Credit Card claims, if thats of any use to anyone. Natwest tried to saty my CC claim, I faxed a letter objecting, the Court actually phoned up Natwest solicitors to ask them if they were sure they wanted a stay because CC cards were outside the OFT remit and the judge wasn't going to grant it anyway. Turns out Cobblers didn't want a stay in the first place, my CC claim had got mixed up with the bank charges claims and the stay letter was sent to the court by accident.

[zootscoot]

Walsall County Court are not staying Credit Card claims, if thats of any use to anyone. NatWest tried to saty my CC claim, I faxed a letter objecting, the Court actually phoned up Natwest solicitors to ask them if they were sure they wanted a stay because CC cards were outside the OFT remit and the judge wasn't going to grant it anyway. Turns out Cobblers didn't want a stay in the first place, my CC claim had got mixed up with the bank charges claims and the stay letter was sent to the court by accident.

 

 

If they have applied for a stay on a credit card claim they are in breach of the waiver conditions. We are currently collating evidence on the breaches by banks of the waiver conditions. If you would like to contribute please send details to [email protected]

 

Thanks

 

Zoot

[Mistermind]

Information about the test case?

[Jesteruk]

Eastbourne CC now staying all bank charges cases - if you attend court mention costs and judge should award travel & loss of earnings.

[Webwitch]

Hi,

I am new to all this but need some help from a kind person please?! I am trying to claim bank charges from Halifax and they are being most un-helpful! I put the claim in to the moneyonline website (was charged 60 quid!) and have to my surprise found out that the county court it went to was Northampton. I have received a few letters back and it looks like Halifax legal reps are defending it. Today I got a letter from the court that says this:

Before district judge xxx

Sitting at Northampton County Court

Without hearing

It is ordered that: 1. following the filing of a defence or holding defence the claim shall be stayed pending judgement in the Office of Fair Trading test case

2. Liberty to apply with an explanation.

 

Then something about any party affected by this order may rule under rule 3.3(5) to have it set aside or stayed or varied within 14 days.

 

PLEASE can someone tell me what this all means and how to I go about getting my money from Halifax scallywags?

Many Thanks

 

Webby

[**Tilly**]

hi webwitch and welcome to cag if you start a thread here

http://www.consumeractiongroup.c o....bank-scotland/

you will get the help and advice you need

[Webwitch]

Hi Tilly, thank you thats great

 

Northampton CC staying I think!

[Joob]

Hi there all,

 

I have got my claim moved to my local court Leeds but they have placed a stay on this until outcome of OFT and I have to respond by Friday if I want to apply for it lifted ?

 

Can anyone recommend ???

Do is send application for stay to be lifted or is this pointless ?

 

Joob

[beetlejuice]

Brentford CC have handed down an order that an order to have a stay lifted be dismissed, a reasonable judge deemed that as the test case would be heard in January/Feb 2008 that we wait. I asked that if by March I had heard nothing could I re apply to have the stay lifted again, she didn't seem to think that would be a problem.

 

Oh well more time to concentrate on my myriad of CC claims!!

 

 

 

BJ

[ICY]

Been away for a while had a few little things to deal with, 1 being few problems with interenet connection, followed by our wedding then honeymoon.

 

Will get this list updated as soon as i get chance, although from what i have seen things look bad

[car2403]

Brentford CC have handed down an order that an order to have a stay lifted be dismissed, a reasonable judge deemed that as the test case would be heard in January/Feb 2008 that we wait. I asked that if by March I had heard nothing could I re apply to have the stay lifted again, she didn't seem to think that would be a problem.

 

Oh well more time to concentrate on my myriad of CC claims!!

 

 

 

BJ

 

From what I've seen, this is a waste of effort unless you have specific hardship issues that effect you personally. Even then you aren't guaranteed to have the stay lifted.

 

Credit Card Claims are being (wrongly!) stayed as well, so you may have this issue there too!

 

[remus]

CONGRATULATIONS ICY:) some things take priority!

[TECHSPEC]

Judge Hawksworth QC at Halifax County Court still insists that credit card cases be stayed.

 

Any applictation to have it removed will be rejected on the grounds that bank charges and credit card charges are similar.

[noomill060]

"

Judge Hawksworth QC at Halifax County Court still insists that credit card cases be stayed.

 

Any applictation to have it removed will be rejected on the grounds that bank charges and credit card charges are similar."

 

 

Despite the fact that the FSA and OFT insist that they aren't.

[Redrob]

My case at Medway CC has now been stayed. I assume it's on the courts decision not due to an application, as it states that both parties can appeal.

[Guest amethystdragon]

Lancaster now appears to be automatically staying all claims

[DRE2076]

Tunbridge Wells County Court staying claims too, my claim submitted in july and is stayed until test case resolved

[bitmissing]

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.

[The Phantom]

The amount of stayed cases building up must be enormous by now

It's just crazy

I wanted to start my claim against HSBC last month, but as it would be stayed anyway I changed my mind and will see what happens with the test case in a few months first

Very frustrating and so crazy.