Find out here if your local court is staying claims

[brownie24]

Derby County Court have stayed my credit card charge claim against Capital One! I thought that credit card charges were not covered by the test case and could therefore proceed normally, can anyone point me in the right direction as to how I should repsond to this stay?

 

Thanks

[snapper69]

Is it worth starting a claim from the beginning? I have the charges listed from the bank ( LloydsTsb ) but I have not yet started to claim them back. The ******** have taken £740 in the last 5 months. When I checked my account on Friday ( my weekly pay day ) they had left me £3.42 of my overdraft to do my weekly shop and get petrol.

 

If I do start a claim, what format should I use to list the charges? Will a simple typed list suffice. I don't really need to claim interest as my claim will already be more than £5000. Can I claim more than £5000 and later reduce the claim if it does have to go to court? Will my ? key survive the night? Sorry if these questions have been answered elsewhere, I did look.

[car2403]

If you haven't made your claim yet, because of this stay, YOU ARE LOSING OUT. Sorry to have that in uppercase, as I know it's shouting, but it's something worth shouting about. They stay shouldn't put you off claiming, as you are losing out on charges over 6 years old plus interest on them. Get claiming... now...

[Viscount Stair]

My understanding was that it is one of the conditions imposed by the FSA as part of the moratorium that time is not running while it is in force.

 

EDIT: I have checked the FSA website to confirm the position - this is what it says there:

 

"We have protected your rights by making it a condition of the waiver that complaints will not be time-barred. In effect, the clock stopped on 27 July 2007. For example, if you are applying to reclaim charges for the last six years and the waiver was in place for two years, those two years would not count. (Please see below about making a complaint in Scotland.)"

Edited November 10, 2008 by Viscount Stair
Additional info

[car2403]

My understanding was that it is one of the conditions imposed by the FSA as part of the moratorium that time is not running while it is in force.

 

EDIT: I have checked the FSA website to confirm the position - this is what it says there:

 

"We have protected your rights by making it a condition of the waiver that complaints will not be time-barred. In effect, the clock stopped on 27 July 2007. For example, if you are applying to reclaim charges for the last six years and the waiver was in place for two years, those two years would not count. (Please see below about making a complaint in Scotland.)"

 

Complaints are very different to Court claims.

 

The FSA cannot time bar Court claims - that is limited by the Limitation Act to 6 years.

[Viscount Stair]

Direct quote from the waiver itself:

"(14) the firm must not take into account the period between 27 July 2007 and the date of termination of this direction (the “stay period”) for the purposes of relying on any limitation period (or periods) or time limits within which complainants must:

(a) make relevant charges complaints;

(b) refer relevant charges complaints to the Ombudsman; or

© bring claims before the court;

and the firm must not otherwise limit any redress that may be due to the customer, when complying with DISP or otherwise, because of the stay period;"

 

In Scotland, the law of prescription is an absolute bar but it is possible in England & Wales to agree to extend time and not to take a limitation point.

[car2403]

Direct quote from the waiver itself:

 

"(14) the firm must not take into account the period between 27 July 2007 and the date of termination of this direction (the “stay period”) for the purposes of relying on any limitation period (or periods) or time limits within which complainants must:

(a) make relevant charges complaints;

(b) refer relevant charges complaints to the Ombudsman; or

© bring claims before the court;

and the firm must not otherwise limit any redress that may be due to the customer, when complying with DISP or otherwise, because of the stay period;"

 

In Scotland, the law of prescription is an absolute bar but it is possible in England & Wales to agree to extend time and not to take a limitation point.

 

I can't really add anything to what I've already said - this appears to be talking about complaints, not Court claims.

 

Complaints are very different to Court claims.

 

The FSA cannot time bar Court claims - that is limited by the Limitation Act to 6 years.

 

I would imagine that this coincides with advice given to County Courts regarding applying the stay, but, the FSA cannot, directly, stay County Court claims.

[brownie24]

Derby County Court have stayed my credit card charge claim against Capital One! I thought that credit card charges were not covered by the test case and could therefore proceed normally, can anyone point me in the right direction as to how I should repsond to this stay?

 

Thanks

 

Bump does anyone know the answer to this?

[car2403]

Bump does anyone know the answer to this?

 

Yes, they shouldn't be stayed.

[veester]

you might want to call the court and 'nudge them that there might have been an admin error - this is a credit card claim and not covered under the current waiver'

[snapper69]

Rang Shrewsbury County Court today and was told that they are putting all claims on hold pending the outcome of the case.

[nursiepoos]

My claim against Barclays has been stayed since July(ish) last year. Have heard nothing from either court or bank since the stay letter. Am I just wasting my time?

[georgieboy]

Hi nursiepoos - yes we are all in the same boat I am afraid to say - when and what will be the outcome of this farce is anybodies guess. .........

[linzih]

hi every 1 any 1 had any joy wiv sunderland county court lifting stays....thinking about applying to them re being refused by natwest for a hardship claim.

[dickiebeau]

Hi this is my first post, i am suffering financial hardship,and the nationwide have unfairly stung me for £1500 in charges,on two accounts, should i send a warning letter,telling them of my hardship or go straight for the court. oh by the way i sent them a warning letter about a year ago and they sent me a wait for dispute letter.

[TUTTSI]

Hi this is my first post, i am suffering financial hardship,and the nationwide have unfairly stung me for £1500 in charges,on two accounts, should i send a warning letter,telling them of my hardship or go straight for the court. oh by the way i sent them a warning letter about a year ago and they sent me a wait for dispute letter.

 

Hi Dickie

 

Firstly, have you a thread in the Nationwide section of the banks.

 

If you have it would be better to put your post there as other peeps who have claims againt Nationwide will know what the current situation is.

 

You should follow protocol and first send them the prelim letter which you will find in the template library.

 

When you say you are suffering financial hardship have you checked to ensure that you fit the criterea set down by the FSA. If you do then you will also need to get together the following.

 

1. Your spreadsheet with all your charges and stautory interest 8%

2. Income and Expenditure statement joint or sinle depending on your status, there should be something suitable in the library.

3. Evidences supporting your hardship - these are examples:- Rent/mortgage arrears, arrears electricty/gas, court papers for either mortgage repossession or mortgages suspension order, any other court orders or any other evidence which will help substatiate your hardship claim.

4. Pre-lim letter together with all above and also include in your own words why you consider that your case should be trated under the FSA waiver rules on hardship.

 

Basically, every bank is treating the waiver conditions differently, Abbey have repaid me 65% along with loads of peeps. My case was already at court stage and got stayed with everyone elses in 2007 so it was good for us at the time that I got accepted as hardship. Since I do not have any dealings with Nationwide I do not know what their critera is. If I were you I would have a good read of threads within the Nationwide section to see what others have done. Then get together all the above and post up on a thread in the Nationwide. If you could then post a link on this thread I will be able to help you further.

 

Tuttsi

[singist]

Leeds combined court:

 

I rang this morning 16/4/09 and was told that all bank charge cases stayed.

[Viscount Stair]

That is consistent with the fact that the banks have been granted leave to appeal to the House of Lords.

 

However, I would be prepared to argue that overdraft claims by banks which include charges should be stayed on the same basis.

[car2403]

That is consistent with the fact that the banks have been granted leave to appeal to the House of Lords.

 

However, I would be prepared to argue that overdraft claims by banks which include charges should be stayed on the same basis.

 

Meaning that any claims from Banks against customers, should be stayed also.

 

Just clarifying...

[Viscount Stair]

That's what I'd argue.

 

I don't know if it's been tested in court but it does stand to reason in my opinion, especially since the customers are currently winning 4-0.

 

Even where the charges are much smaller than the overdraft, then it is impossible to fully determine the specific case until the test case is concluded.

 

I did have occasion to put the point to MCS in relation to a First Direct overdraft and they suddenly became amenable to a payment proposal that had been steadfastly rejected previously. Coincidence possibly but I don't suppose it did any harm.

[Viscount Stair]

PS ... and I don't suppose the banks want the point tested.

[maid]

Hi, new here. Would like to know if anybody has heard what is happening in the nottingham courts??

[Michael Browne]

Hi, new here. Would like to know if anybody has heard what is happening in the nottingham courts??

All bank charge claims will be stayed regardless of which county court. Credit card claims are not affected by stays

[avatari]

Wondering when mine will be stayed. Am at Bow CC and have just received an AQ. Going to cost me £35. Worth paying if I got my day in court sometime soon (and got it back in costs), but frustrating to think it will be stayed AFTER I've paid for the AQ!!

[car2403]

If you don't submit it/pay the fee, the claim may be struck out