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Icy

 

In case you wanted to update your list to include Northern Ireland county courts - Belfast (Laganside) Court has sent a general letter stating all bank charges cases are being adjourned until a suitable date after February 2008 pending outcome of the OFT case.

Its already on the lists DD ;)

:madgrin:

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Hello everyone, have just spoken with Maidstone County Court, and they say that District Judge Millward, has given them new directions, that they will now be hearing credit card claims, and that they will only stay the bank overdraft ones.

 

Goodnews, ammani.

 

Looks like the penny has begun to drop, at least in Maidstone.

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Lancaster County Court

 

I received today from Lancaster County Court the following:

 

"It is ordered that this claim is stayed until further order with a view to awaiting the final decision in th etest case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal in the first instance decision).

 

The Defendant shall within 28 days of the final decsion in the test case file at court and serve on the claimany:

a) a case summary of not more than 500 words setting out the effect of that decision;

 

b) their proposed directions in this claim.

 

Upon receipt of the documents set out at paragraph 2 of the order the file be refereed to a resident District Judge to consider further directions.

 

Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay.

 

Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order."

 

I don't know if every case is being stayed but judging by the wording of the order (last paragraph) it would seem that it is very likely that all cases will be stayed.

Spotnot v MBNA and their nasty solicitors (on behalf of my friend)

 

If I have helped in any way, click my scales.

 

Remember, we were all newbies once!!

 

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My sisters case at BROMLEY County Court this morning was stayed by the judge until 31st March 2008. It was not automatic though. Doesn't appear that they are all being stayed, the representative tried everything to keep my sister from the court room because even though she had received a letter saying the Abbey were requesting stays, they had in fact not yet requested it. If you do not go into the court room, do they get an indefinite stay ??

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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.

Remember that if your claim is involving a credit card claim, then it should NOT be stayed, and if it is you should appeal this decision immediatly.

 

All the below are reported to be proceeding on a case by case basis:

 

1. Barnet Civil and Family Courts Centre

2. Bishop Auckland County Court

3. Blackburn County Court NEW CLAIMS BEING STAYED

4. Bow County Court

5. Bristol County Court NEW CLAIMS BEING STAYED

6. Chichester County Court

7. Croydon County Court

8. Dingwall Sheriff Court

9. Gloucestershire Family and Civil Courts

10. Hull County Court

11. Keighley County Court

12. Kettering County Court

13. Leeds Combined Court Centre

14. Liverpool Civil and Family Court

15. Medway County Court

16. Milton Keynes County Court

17. Newcastle County Court

18. Newport (Isle of Wight) County Court

19. North Shields County Court

20. Romford County Court

21. Salford County Court

22. Scun.thorpe County Court

23. Slough County Court

24. St.Helens County Court

25. Stoke-on-Trent Combined Court

26. Sunderland County Court

27. Thanet County Court

28. Warrington and Runcorn County Courts

29. Wellingborough County Court

30. Willesden County Court

31. Woolwich County Court

32. Wrexham Count Court

 

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided, this affects current account claims:

1. Aldershot & Farnham County Court

2. Altrincham County Court

3. Aylesbury County Court

4. Barnsley County Court

5. Barnstaple County Court

6. Birmingham Civil Justice Centre

7. Bournemouth County Court

8. Brentford County Court

9. Bromley County Court

10. Bury County Court

11. Carlisle Combined Court Centre

12. Chester County Court

13. Dartford County Court

14. Derby Combined Court Centre

15. Durham County Court

16. Eastbourne County Court

17. Edmonton County Court

18. Grantham County Court

19. Hastings County Court

20. Hitchin County Court

21. Huddersfield County Court

22. Hull County Court

23. Lancaster County Court

24. Mansfield County Court

25. Morpeth and Berwick County Court

26. Northampton County Court

27. Norwich County Court

28. Portsmouth Combined Court Centre

29. Redditch County Court

30. Rotherham County Court

31. Sheffield Laws Courts

32. Southampton Combined Court Centre

33. Stockport County Court

34. Stourbridge County Court

35. Teesside Combined Court Centre

36. Tunbridge Wells County Court

37. Wandsworth County Court

38. Watford County Court

39. West London County Court

40. Wigan County Court

41. Winchester Combined Court

42. Wolverhampton Combined Court Centre

43. Worcester County Court

44. Worthing County Court

45. York County Court

 

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

 

1. Ashford County Court

2. Basingstoke County Court, staying ALL cases from September 3rd, up until then its on a case by case basis.

3. Belfast (Laganside Court)

4. Birkenhead County Court

5. Blackpool County Court

6. Bolton Combined Court Centre

7. Bradford County Court

8. Brighton County Court

9. Caernarfon County Court

10. Canterbury Combined Court Centre

11. Cardiff Civil Justice Centre

12. Chesterfield County Court

13. Chorley County Court

14. Clerkenwell and Shoreditch County Court

15. Doncaster County Court

16. Exeter Combined County Centre

17. Gateshead County Court

18. Guildford County Court

19. Halifax County Court

20. Horsham County Court

21. Ipswich County Court

22. Leicester County Court

23. Luton County Court

24. Maidstone Combined Court Centre

25. Manchester County Court (Crown Square)

26. Manchester County Court (Deansgate)

27. Newport (Gwent) County Court

28. Nottingham County Court

29. Oxford Combined Court Centre

30. Oldham County Court

31. Peterborough Combined Court Centre

32. Plymouth Combined Court

33. Poole County Court

34. Preston Combined Court Centre

35. Rhyl County Court

36. Rugby County Court

37. Scarborough County Court

38. St Albans County Court

39. Southend County Court

40. Taunton County Court

41. Telford County Court

42. Torquay and Newton Abbot County Court

43. Trowbridge County Court

44. Weston-Super-Mare County Court

45. Welshpool and Newton County Court

46. Weymouth and Dorchester Combined Court Centre

47. Yeovil County Court

 

The situation at the below is still unclear:

 

1. Aberdare County Court

2. Aberdeen Sheriff Court

3. Aberysthwyth County Court

4. Accrington County Court

5. Airdrie Sheriff Cour

6. Alloa Sheriff Court

7. Arbroath Sheriff Court

8. Ayr Sheriff Court

9. Banbury County Court

10. Banf Sheriff Court

11. Barrow-in-Furness County Court

12. Basildon Combined Court

13. Bath County Court

14. Bedford County Court

15. Blackwood County Court

16. Bodmin County Court

17. Boston County Court

18. Brecon Law Courts

19. Bridgend Law Courts

20. Burnley Combined Court Centre

21. Burton-upon-tweed County Court

22. Bury St Edmonds County Court

23. Buxton County Court

24. Campbeltown Sheriff Court

25. Cambridge County Court

26. Carmarthen County Court

27. Central London County Court

28. Chelmsford County Court

29. Cheltenham County Court

30. Colchester County Court

31. Consett County Court

32. Conwy and Colwyn County Court

33. Coventry Combined Court Centre

34. Crewe County Court

35. Cupar Sheriff Court

36. Darlington County Court

37. Dewsbury County Court

38. Dornoch Sheriff Court

39. Dudley County Court

40. Dumbarton Sheriff Court

41. Dumfries Sheriff Court

42. Dundee Sheriff Court

43. Dunfermline Sheriff Court

44. Dunoon Sheriff Court

45. Duns Sheriff Court

46. Edinburgh Sheriff Court

47. Elgin Sheriff Court

48. Epsom County Court

49. Evesham County Court

50. Falkirk Sheriff Court

51. Forfar Sheriff Court

52. Fort William Sheriff Court

53. Glasgow Sheriff Court

54. Gravesend County Court

55. Great Grimsby Combined Court Centre

56. Greenock Sheriff Court

57. Haddington Sheriff Court

58. Hamilton Sheriff Court

59. Harlow County Court

60. Harrogate County Court

61. Hartlepool County Court

62. Haverfordwest County Court

63. Haywards Heath County Court

64. Hereford County Court

65. High Wycombe County Court

66. Huntingdon County Court

67. Ilford County Court

68. Inverness Sheriff Court

69. Jedburgh Sheriff Court

70. Kendall County Court

71. Kidderminster County Court

72. Kilmarnock Sheriff Court

73. Kings Lynne County Court

74. Kingston-upon-Thames County Court

75. Kirkcaldy Sheriff Court

76. Kirkcudbright Sheriff Court

77. Kirkwall Sheriff Court

78. Lambeth County Court

79. Lanark Sheriff Court

80. Leigh County Court

81. Lerwick Sheriff Court

82.Lewes Combined Court Centre

83. incoln County Court

84. Linlithgow Sheriff Court

85. Livingston Sheriff Court

86. Llanelli County Court

87. Llangefni County Court

88. Lochmaddy Sheriff Court

89. Lowestoft County Court

90. Ludlow County Court

91. Macclesfield County Court

92. Melton Moybray County Court

93. Merthyr Tydfil Combined Court Centre

94. Middlesbrough County Court

95. Mold County Court

96. Neath and Port Talbot County Court

97. Nelson County Court

98. Newark County Court

99. Newbury County Court

100. Northwich Magistrates and County Court

101. Nuneaton County Court

102. Oban Sheriff Court

103. Oswestry County Court

104. Paisley Sheriff Court

105. Peebles Sheriff Court

106. Penrith County Court

107. Penzance County Court

108. Perth Sheriff Court

109. Peterhead Sheriff Court

110. Pontefract County Court

111. Pontypool County Court

112. Pontypridd County Court

113. Portree Sheriff Court

114. Rawenstall County Court

115. Reading County Court

116. Reigate County Court

117. Rothesay Sheriff Court

118. Salisbury Crown and County Court

119. Selkirk Sheriff Court

120. Shrewsbury County Court

121. Skegness County Court

122. Skipton County Court

123. South Sheilds County Court

124. Southend County Court

125. Southport County Court

126. Southwark County Court

127. Stafford Combined Court Centre

128. Staines County Court

129. Stirling Sheriff Court

130. Stonehaven Sheriff Court

131. Stornoway Sheriff Court

132. Stranraer Sheriff Court

133. Stratford-upon-Avon County Court

134. Swansea Civil Justice Centre

135. Swindon Combined Court

136. Tain Sheriff Court

137. Tameside County Court

138. Tamworth County Court

139. Truro County Court

140. Uxbridge County Court

141. Wakefield County Court

142. Walsall Hearing Centre - County Court

143. Warwick Combined Court Centre

144. Whitehaven County Court

145. Wick Sheriff Court

146. Worksop County Court

 

 

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

 

Please remember that the details in the list can change at any time, so it would be advisable to keep checking back to see the current status of your local court.

:madgrin:

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Just received a "General Form of Judgement of Order" from DJ Wharton, Peterborough County Court stating " Upon reading the case papers IT IS ORDERED THAT The Claim be stayed pending the final determination of the Office of Fir Trading test case 2007 folio 1186. There be permission to apply to lift the stay on 2 day notice".

 

Where do I get the form to apply for the stay to be removed (and what ground should I use?)

 

Cheers,

Jez

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Hi,

I visited Wandsworth County Court yesterday ( Friday 24/08/2007) with my Allocation Questionnaire and they stated it is business as normal. They have no plans of staying small claims because the judge is fed up with the banks time wasting. The Court clerk could not be more helpful checked through my paperwork to make sure I had not missed anything.

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Sorry guys,

Ipswich, Suffolk today recieved order of stay. Very one sided towards the banks. :evil:

 

IT IS ORDERED THAT

 

1 Save as appears in this order, this action be stayed pending the final decision (being judgement in the action or the final appellate court, whichever is the later) in the test case between the Office of Fair Trading v National Westminster Bank plc and others (“the test case”) or further order of the court

 

2 The Defendant shall within 21 days of the final decision in the test case file at court and serve on the Claimant:

 

(a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action

 

(b) Their proposed directions in this case

 

3 Upon receipt of the documents set out at paragraph 3 of this order the file be referred to a District Judge to consider further directions

 

4 Either party may apply to vary or discharge this order, provided that any application is made in accordance with Part

23 of the Civil Procedure Rules and made on 21 days notice

 

5 Any hearing listed in this matter be vacated

 

 

Dated 20 August 2007

Any advice on the Civil procedures rules 23?

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Any advice on the Civil procedures rules 23?

 

A CPR 23 Order is any application for an order from the Court - in these circumstances, (ie. your order, as they vary wildly from one to another!) either party can apply to the Court to have the stay lifted, for whatever reason.

 

I think the only way you can get the stay lifted is if you can prove you are suffering "financial hardship" as a result of the stay - which is confirmed in the OFT's agreement with the Banks.

 

The fee for making the application is £35 - if you don't require a hearing. The Court can order a hearing to hear the application, which will cost £65 in total. (£35 for an application without a hearing, £65 for an application with a hearing)

Always happy to help where I can!

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Oscar

 

I've been studying this intently for weeks, and basically the shotgun approach of appealing all stays does not work. Common sense arguments about injustice and human rights have been brushed away with this conspiracy of the test case - of which the courts are a part now.

 

The only chance IMO is to focus a succinct application around your personal case and circumstances.

 

1 Are there special circs about your case? Close to judgement, bank failed to send papers, used delaying tactics etc. Stuff that argues why your case should really be over now anyway.

 

2 Your hardship. This is the subject of much debate, because like most stuff around the test case nothing is clear, so the courts stay everything (even credit cards), the banks win and we lose. You need to stress particularly if you receive benefits and whether the bank has been taking these. What debts do you have - especially priority ones like arrears of mortgage, utilities, income tax, council tax etc.

 

3 Threat of further problems. If you don't get your money back will here be mega grief, possibly leading to bailiffs, repossession, court claim against you, defaults etc. These are very strong grounds if you can show them.

 

4 Also stress the hardship of having forked out for claims and now finding that this money will not be returned for at least a year. This is small point, but very symbolic of the injustice, particularly where you paid it before the test case was announced and paid it in good faith believing that the court would deliver the service it was paid for.

 

I hope these points help. I would appreciate any feedback from members on these observations, or suggestions for amendment.

 

Varangian

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Varangian,

thanks for your comment, I too feel that you are correct that the box standard retort to this will have no effect on removing this order. I will think about this and look to put something slightly different forward.

 

Regards

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I think this is an excellent post - and the guidance that is needed.

 

 

jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Oscar

 

2 Your hardship. This is the subject of much debate, because like most stuff around the test case nothing is clear, so the courts stay everything (even credit cards), the banks win and we lose. You need to stress particularly if you receive benefits and whether the bank has been taking these. What debts do you have - especially priority ones like arrears of mortgage, utilities, income tax, council tax etc.

 

3 Threat of further problems. If you don't get your money back will here be mega grief, possibly leading to bailiffs, repossession, court claim against you, defaults etc. These are very strong grounds if you can show them.

 

 

If any claimant is pleading hardship (made harder still by forking out another £65 to appeal against the stay) and has suffered a fresh bank penalty charge recently, or can exhibit a bank statement teetering on zero balance, which at any moment could suffer another £38 penalty for going 50 pence overdrawn......

 

The claimant has to humbly wait for the test case. The bank is too proud to wait. Such a real life demo of inequality could sway the judge against the bank, towards the claimant. No judge likes arrogance, from either the plaintiff or the defendant.

 

There shall be justice in this green and pleasant land.

 

 

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Aldershot & Farnham County Court, case stayed. :rolleyes:

 

Y

Credit Cards

Barclaycard -WON! Amex - WON! MBNA (x2) - WON!

Mint - WON! Monument - WON! Morgan Stanley - WON!

Egg - WON! Halifax - WON! Sainsbury's Bank - WON!

Citi Cards -WON!

 

Banks

 

08/06/06 Claim against NatWest started.

01/11/06 Case Closed :)

 

08/06/06 Claim against Halifax started

24/08/06 Case closed :)

 

 

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