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Hastings Court stayed my claim (was due in court next monday - 6 days away!!) although it did offer me the chance to appeal, so will wait to see on that - took all paperwork requesting a removal of the stay down this afternoon (recieved letter this morning)

e xx

 

Has anyone had to appear to a hearing about removing a stay??

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I've had notification of a stay on my c/card claim with YBank after they requested one - I've written to them & the court & am also going to complain to OFT & FOS as the banks are obviously abusing the system! :-x

 

I just saw your post. Did you attend at court when the stay was requested? If you see my post that I've just done, the DJ would have stayed my case if I hadn't stood up and objected. He also clearly stated that this test case is limited purely to current accounts. I would suggest that you ask to get the stay lifted.

 

Regards

 

Nicklea

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It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.

I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.

I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

 

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal:

 

Aldershot & Farnham County Court,

Bishop Auckland County Court,

Blackburn County Court, NEW CLAIMS BEING STAYED

Bow County Court,

Bristol County Court, NEW CLAIMS BEING STAYED

Bury County Court,

Caernarfon County Court,

Chichester County Court,

Croydon County Court,

Gloucestershire Family and Civil Courts,

Grantham County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Ipswich County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Liverpool Civil and Family Court,

Medway County Court,

Milton Keynes County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oxford Combined Court Centre,

Romford County Court,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

St.Helens County Court Merseyside

Stoke-on-Trent Combined Court,

Sunderland County Court,

Thanet County Court,

Warrington and Runcorn County Courts,

Watford County Court,

Wellingborough County Court,

West London County Court,

Weymouth and Dorchester Combined Court Centre,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

York County Court

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided:

 

Altrincham County Court,

Ashford County Court,

Barnsley County Court,

Bournemouth County Court,

Brighton County Court,

Carlisle Combined Court Centre,

Chester County Court,

Hastings County Court,

Derby Combined Court Centre,

Mansfield County Court,

Rotherham County Court,

Sheffield Laws Courts,

 

All the below courts have said ALL cases will be stayed whilst the outcome of the test case is decided:

 

Birkenhead County Court,

Blackpool County Court,

Bolton Combined Court Centre,

Bradford County Court,

Canterbury Combined Court Centre,

Exeter Combined County Centre,

Gateshead County Court,

Halifax County Court,

Leicester County Court,

Luton County Court,

Oldham County Court,

Peterborough Combined Court Centre,

Plymouth Combined Court,

Southend County Court,

Taunton County Court,

Telford County Court,

Torquay and Newton Abbot County Court,

Weston-Super-Mare County Court,

 

The situation at the below is still unclear:

 

Aberdare County Court,

Aberysthwyth County Court,

Accrington County Court,

Aylesbury County Court,

Banbury County Court,

Barnet Civil and Family Courts Centre,

Barnstaple County Court,

Barrow-in-Furness County Court,

Basildon Combined Court,

Basingstoke County Court,

Bath County Court,

Bedford County Court,

Birmingham Civil Justice Centre,

Blackwood County Court,

Bodmin County Court,

Boston County Court,

Brecon Law Courts,

Brentford County Court,

Bridgend Law Courts,

Bromley County Court,

Burnley Combined Court Centre,

Burton-upon-tweed County Court,

Bury St Edmonds County Court,

Buxton County Court,

Cambridge County Court,

Cardiff Civil Justice Centre,

Carmarthen County Court,

Central London County Court,

Chelmsford County Court,

Cheltenham County Court,

Chesterfield County Court,

Chorley County Court,

Clerkenwell and Shoreditch County Court,

Colchester County Court,

Consett County Court,

Conwy and Colwyn County Court,

Coventry Combined Court Centre,

Crewe County Court,

Croyden County Court,

Darlington County Court,

Dartford County Court,

Dewsbury County Court,

Doncaster County Court,

Dudley County Court,

Durham County Court,

Eastbourne County Court,

Edmonton County Court,

Epsom County Court,

Evesham County Court,

Gravesend County Court,

Great Grimsby Combined Court Centre,

Harlow County Court,

Harrogate County Court,

Hartlepool County Court,

Haverfordwest County Court,

Haywards Heath County Court,

Hereford County Court,

High Wycombe County Court,

Horsham County Court,

Huddersfield County Court,

Huntingdon County Court,

Ilford County Court,

Keighley County Court,

Kendall County Court,

Kidderminster County Court,

Kings Lynne County Court,

Kingston-upon-Thames County Court,

Lambeth County Court,

Leigh County Court,

Lewes Combined Court Centre,

Lincoln County Court,

Llanelli County Court,

Llangefni County Court,

Lowestoft County Court,

Ludlow County Court,

Macclesfield County Court,

Maidstone Combined Court Centre,

Manchester County Court (Crown Square)

Manchester County Court (Deansgate)

Melton Moybray County Court,

Merthyr Tydfil Combined Court Centre,

Middlesbrough County Court,

Mold County Court,

Morpeth and Berwick County Court,

Neath and Port Talbot County Court,

Nelson County Court,

Newark County Court,

Newbury County Court,

Newport (Gwent) County Court,

Newport (Isle of Wight) County Court,

Northwich Magistrates and County Court,

Nuneaton County Court,

Oswestry County Court,

Penrith County Court,

Penzance County Court,

Pontefract County Court,

Pontypool County Court,

Pontypridd County Court,

Poole County Court,

Portsmouth Combined Court Centre,

Preston Combined Court Centre,

Rawenstall County Court,

Reading County Court,

Redditch County Court,

Reigate County Court,

Rhyl County Court,

Rugby County Court,

Salisbury Crown and County Court,

Shrewsbury County Court,

Skegness County Court,

Skipton County Court,

South Sheilds County Court,

Southampton Combined Court Centre,

Southend County Court,

Southport County Court,

Southwark County Court,

St Albans County Court,

Stafford Combined Court Centre,

Staines County Court,

Stockport County Court,

Stourbridge County Court,

Stratford-upon-Avon County Court,

Swansea Civil Justice Centre,

Swindon Combined Court,

Tameside County Court,

Tamworth County Court,

Teesside Combined Court Centre,

Trowbridge County Court,

Truro County Court,

Tunbridge Wells County Court,

Uxbridge County Court,

Wakefield County Court,

Walsall Hearing Centre - County Court,

Wandsworth County Court,

Warwick Combined Court Centre,

Welshpool and Newton County Court,

Whitehaven County Court,

Wigan County Court,

Willesden County Court,

Wolverhampton Combined Court Centre,

Workshop County Court,

Worthing County Court,

Yeovil County Court,

  • Haha 1
:madgrin:

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I just saw your post. Did you attend at court when the stay was requested? If you see my post that I've just done, the DJ would have stayed my case if I hadn't stood up and objected. He also clearly stated that this test case is limited purely to current accounts. I would suggest that you ask to get the stay lifted.

 

Regards

 

Nicklea

No it's before the hearing which should have been early next month - I had an offer from YB for charges only which I refused then they wrote saying they were requesting a stay to which I replied objecting & clearly pointing out that the stay does not apply to c/cards. the next day the order arrived from court!

 

I've now written to the court objecting & saying that the request should not be honoured as it does not apply ... As I said - the banks are abusing this but the annoying thing is that lots of folk will just take their word for it & have there claims delayed when they no no beter IYKWIM? :rolleyes:

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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My claim is at Romford County Court and have been told today that they are refusing all stays by the banks, and all scheduled hearings will go ahead.

 

Hope this helps.

Nationwide - WON

 

Lloyds - £4,664.25 + costs

Data Protection Act Letter sent 29/06/06

Information received 28/07/06

Preliminary Letter sent 14/08/06

Reply Rec'd 19/08/06

LBA sent 29/08/06

Filed with MCOL 26/04/07

Defence filed and AQ disposed with 15/05/07

AQ from local Court received 21/06/07

Request for more info received 30/06/07 - Reply sent 02/07/07

AQ Filed 03/07/07

Prelim Hearing 17/08/07

 

Abbey - £1,611.20 excl 8% + costs

Data Protection Act Letter sent 18/07/06 - 40 days up 29th August

Reply Rec'd 26/07/06 - microfiche argument.

Microfiche letter sent rec del 27/07/06

Complete transaction list Rec'd 23/09/06

Prelim letter sent 25/09/06

LBA sent 20/10/06

 

Barclaycard - £758.53 excl 8%

Data Protection Act Letter sent 22/06/07

Prelim letter sent 20/03/08

Reply rec'd 09/04/08 - offering £296

Rejection & LBA letter sent 18/04/08

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Yes agreed. Anyone finding themselves facing stays should file the order opposing it.

There is info and a temp draft here to use.

This is your right under CPR protocols.

Make sure you are briefed on this and take some time out to digest it.

Again thanks to ICY.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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... As I said - the banks are abusing this but the annoying thing is that lots of folk will just take their word for it & have there claims delayed when they no no beter IYKWIM? :rolleyes:

 

Sorry, I'm not really up on internet abbreviations. I can just about get ROTFLMAO but that's about it. Could you spell out IYKWIM?

 

Regards

 

Nicklea

 

Sorry - just got it - if you know what I mean. I've had a long day today

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Icy,

Great idea for a thread. Will be interesting to see what kind of pattern emerges?

PM

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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I am in bury county court in the morning.At the moment things are as normal.The lady said its up to the judge if he thinks there should be stay or not.I am scared dont no what to expect.Let you no when i get back.

 

Now i am peeved, i was stuck wether to file at Oldham or Bury as both are the roughly same distance for me to get to, i chose Oldham who have said claims will be stayed. Best of luck for tomorrow MM

:madgrin:

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two courts?

 

Some courts are looking at things on a case by case basis and as such have stayed some claims and not others, nothing is certain just yet, which court are you filed at?

:madgrin:

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Sorry, I'm not really up on internet abbreviations. I can just about get ROTFLMAO but that's about it. Could you spell out IYKWIM?

 

Regards

 

Nicklea

 

Sorry - just got it - if you know what I mean. I've had a long day today

PMSL ... glad u got there in the end .. shall I explain PMSL? :p

links to my current claims ...

My claim - Yorkshire Bank Visa

chezt V RBS Mastercard

Chezt v RBS Joint Account

chezt v Abbey Credit Card

 

Settled ...

chezt V Duet Card/Creation Finance

chezt v's Studio Cards

chezt v's Littlewoods Catalogue

 

Next ...

Abbey Joint a/c & Single a/c

Barclaycard (Mine & Hubby's)

Anyone else I can think of ...! :rolleyes:

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I got to see the DJ yestarday at birkenhead county court ,but after about 10 mins he decided to stay my case ,in fact he stayed all cases so why we all went in there i dont know ,as i got the feeling that he knew what the outcome would be anyway,ps solicitor did turn up representing hsbc in fact he acted for all banks involved ,and was asking the judge for stays,I AM STILL CONFIDENT THAT WE WILL WIN THIS CASE EVENTUALLY HOWEVER LONG IT TAKES .PS DO WE STILL GET ALL THE INTEREST THAT IS OWED WHEN THE CASE IS WON:?: :rolleyes:

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It would be very useful if you could post what your local court has told you regarding stay on claims due to the OFT report. We dont need to know what the banks said, we all know they will just tell us that they have a stay and that is that.

I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.

I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

 

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal:

 

Aldershot & Farnham County Court,

Bishop Auckland County Court,

Blackburn County Court, NEW CLAIMS BEING STAYED

Bow County Court,

Bristol County Court, NEW CLAIMS BEING STAYED

Bury County Court,

Caernarfon County Court,

Chichester County Court,

Croydon County Court,

Gloucestershire Family and Civil Courts,

Grantham County Court,

Guildford County Court,

Hitchin County Court,

Hull County Court,

Ipswich County Court,

Kettering County Court,

Lancaster County Court,

Leeds Combined Court Centre,

Liverpool Civil and Family Court,

Medway County Court,

Milton Keynes County Court,

Newcastle County Court,

Northampton County Court,

North Shields County Court,

Norwich County Court,

Nottingham County Court,

Oxford Combined Court Centre,

Romford County Court,

Salford County Court,

Scarborough County Court,

Scun.thorpe County Court,

Slough County Court,

St.Helens County Court Merseyside

Stoke-on-Trent Combined Court,

Sunderland County Court,

Thanet County Court,

Warrington and Runcorn County Courts,

Watford County Court,

Wellingborough County Court,

Welshpool and Newton County Court,

West London County Court,

Weymouth and Dorchester Combined Court Centre,

Winchester Combined Court,

Woolwich County Court,

Worcester County Court,

Wrexham Count Court,

York County Court

 

 

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided:

 

Altrincham County Court,

Ashford County Court,

Barnsley County Court,

Bournemouth County Court,

Brighton County Court,

Carlisle Combined Court Centre,

Chester County Court,

Hastings County Court,

Derby Combined Court Centre,

Mansfield County Court,

Morpeth and Berwick County Court,

Rotherham County Court,

Sheffield Laws Courts,

 

All the below courts have said ALL cases will be stayed whilst the outcome of the test case is decided:

 

Birkenhead County Court,

Blackpool County Court,

Bolton Combined Court Centre,

Bradford County Court,

Canterbury Combined Court Centre,

Exeter Combined County Centre,

Gateshead County Court,

Halifax County Court,

Leicester County Court,

Luton County Court,

Maidstone Combined Court Centre,

Oldham County Court,

Peterborough Combined Court Centre,

Plymouth Combined Court,

Southend County Court,

Taunton County Court,

Telford County Court,

Torquay and Newton Abbot County Court,

Weston-Super-Mare County Court,

 

The situation at the below is still unclear:

 

Aberdare County Court,

Aberysthwyth County Court,

Accrington County Court,

Aylesbury County Court,

Banbury County Court,

Barnet Civil and Family Courts Centre,

Barnstaple County Court,

Barrow-in-Furness County Court,

Basildon Combined Court,

Basingstoke County Court,

Bath County Court,

Bedford County Court,

Birmingham Civil Justice Centre,

Blackwood County Court,

Bodmin County Court,

Boston County Court,

Brecon Law Courts,

Brentford County Court,

Bridgend Law Courts,

Bromley County Court,

Burnley Combined Court Centre,

Burton-upon-tweed County Court,

Bury St Edmonds County Court,

Buxton County Court,

Cambridge County Court,

Cardiff Civil Justice Centre,

Carmarthen County Court,

Central London County Court,

Chelmsford County Court,

Cheltenham County Court,

Chesterfield County Court,

Chorley County Court,

Clerkenwell and Shoreditch County Court,

Colchester County Court,

Consett County Court,

Conwy and Colwyn County Court,

Coventry Combined Court Centre,

Crewe County Court,

Croyden County Court,

Darlington County Court,

Dartford County Court,

Dewsbury County Court,

Doncaster County Court,

Dudley County Court,

Durham County Court,

Eastbourne County Court,

Edmonton County Court,

Epsom County Court,

Evesham County Court,

Gravesend County Court,

Great Grimsby Combined Court Centre,

Harlow County Court,

Harrogate County Court,

Hartlepool County Court,

Haverfordwest County Court,

Haywards Heath County Court,

Hereford County Court,

High Wycombe County Court,

Horsham County Court,

Huddersfield County Court,

Huntingdon County Court,

Ilford County Court,

Keighley County Court,

Kendall County Court,

Kidderminster County Court,

Kings Lynne County Court,

Kingston-upon-Thames County Court,

Lambeth County Court,

Leigh County Court,

Lewes Combined Court Centre,

Lincoln County Court,

Llanelli County Court,

Llangefni County Court,

Lowestoft County Court,

Ludlow County Court,

Macclesfield County Court,

Manchester County Court (Crown Square)

Manchester County Court (Deansgate)

Melton Moybray County Court,

Merthyr Tydfil Combined Court Centre,

Middlesbrough County Court,

Mold County Court,

Neath and Port Talbot County Court,

Nelson County Court,

Newark County Court,

Newbury County Court,

Newport (Gwent) County Court,

Newport (Isle of Wight) County Court,

Northwich Magistrates and County Court,

Nuneaton County Court,

Oswestry County Court,

Penrith County Court,

Penzance County Court,

Pontefract County Court,

Pontypool County Court,

Pontypridd County Court,

Poole County Court,

Portsmouth Combined Court Centre,

Preston Combined Court Centre,

Rawenstall County Court,

Reading County Court,

Redditch County Court,

Reigate County Court,

Rhyl County Court,

Rugby County Court,

Salisbury Crown and County Court,

Shrewsbury County Court,

Skegness County Court,

Skipton County Court,

South Sheilds County Court,

Southampton Combined Court Centre,

Southend County Court,

Southport County Court,

Southwark County Court,

St Albans County Court,

Stafford Combined Court Centre,

Staines County Court,

Stockport County Court,

Stourbridge County Court,

Stratford-upon-Avon County Court,

Swansea Civil Justice Centre,

Swindon Combined Court,

Tameside County Court,

Tamworth County Court,

Teesside Combined Court Centre,

Trowbridge County Court,

Truro County Court,

Tunbridge Wells County Court,

Uxbridge County Court,

Wakefield County Court,

Walsall Hearing Centre - County Court,

Wandsworth County Court,

Warwick Combined Court Centre,

Whitehaven County Court,

Wigan County Court,

Willesden County Court,

Wolverhampton Combined Court Centre,

Workshop County Court,

Worthing County Court,

Yeovil County Court,

 

IF YOU HAVE HAD YOUR CASE STAYED CLICK HERE TO FIND OUT HOW TO APPLY TO HAVE STAY SET ASIDE

:madgrin:

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ICY, i too am in Rochdale, and wasnt quite sure which court to go with. So i went with Oldham, Barclays just put a defence in, so i rang court to find out the situation and they have stated most if not all cases will be stayed.

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just had this from oldham in regard to cap one claim, notice the red text contradicting what they are saying

 

Order as follows

 

Upon readin the court file

 

On 8th August 2007 District judge X considered the papers in this claim and upon it appearing to the court that:

(a) A test case has been issued in the High Court between the Office of Fair Trading and certain banks ("the test case") with a view to determining issues of legal principal in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair terms in Consumer Contracts Regulations and other legislation to such charges.

(b) Further information in relation to the test case is likely to be available through the website of the Office of Fair Trading at The Office of Fair Trading: making markets work well for consumers.

© The issues raised in the test case will affect this claim

 

IT IS ORDERED THAT

 

1. This claim is stayed until further Order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of the time for permission to appeal the first instance decision)

2. The Defendant shall within 28 days of the final decision in the test case file in court and serve on the claimant a case summary of not more than 500 words setting out the effect of that decision and their proposed directions in this claim

3. Upon receipt of the documents set out in Paragraph 2 of this order the file be referred to a District Judge to consider further directions

4. Either party may at any time, by application on notice in accordance with the Civil Procedures Rules 1998, part 23, to lift the stay

5.This order is made by the court of its own stupid initiative. Any party affected by this order may apply pursuant to the Civil Procedure Rules 1998, Part 3.3(5) to be it set aside, varied or stayed. Any such application should be made by application notice in accordance with the CPR 1998 part 23, and must be made not more than 7 days after the date on which this order is served.

:madgrin:

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