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GOOD MORNING ALL:)

 

My own view is that if you want to accept, GET THE MONEY BEFORE CEASING ACTION....!!!

 

If you write/telephone/email to accept and agree to stop action - DON'T!!

 

Please see my posts on Stays and their removal!!

 

Best wishes to everyone on this site and my sincere thanks for your help.:cool:

Dougal

Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!

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OK - went to Kingston County Court this morning where all cases at the allocation hearing for Barclays were stayed - I believe the cases for Abbey National which were heard before us were also stayed - didn't seem to matter what argument we put to the judge - he'd made his mind up that a stay was the best decision for everyone before the hearing even took place - seemed just an exercise in letting us have our say but that nothing we could say was going to change his opinion anyway..

 

Reasons judge gave for stay were that the test case was going to create a level playing field for all the cases and put a stop to the inconsistencies in findings at the many different county courts across the country. He also asserted his belief that a stay pending the results of the OFT test case would actually mean a more timely resolution to the cases that proceeding... we were also advised that if the the banks lost the OFT case we could amend our claims to include all charges added subsequent to the date we issued our claims. Full account of this mornings proceedings will be in my thread at the Barclays forum once I've typed it up -

 

I guess this means though that the list needs to be updated to say Kingston upon Thames are now staying cases!

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Haverfordwest County Court.

 

I just (5 mins ago) spoke to the court office there, the court is advising new claimants that a stay will be applied upon agreement of the parties.

 

I certainly won't be agreeing :D so it's business as usual :cool:

Nil Illigitimus Carborundum

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According to this list, Croydon Court are operating case by case. However, to confirm this, is it okay if I ring them up an ask thm if they are staying cases or if its cool for my to submit my N1 claims form?

 

I'm not sure I understand this? Are you saying that you haven't issued yet and won't if your local Court is staying claims? Remember that you are losing interest on charges running over the 6 year Statute Barred period if you haven't issued in Court yet!

Always happy to help where I can!

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Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

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CHICHESTER COUNTY COURT (small claims) have stayed my case because of the OFT action. I have responded with the objection -from this site -but havent heard back yet. I was just days from the court case which is so frustrating this has been going on since about February now and I am claiming £6k including interest and costs. I was really pleased to get it heard in small claims and now this agggghhhhhhhhhhh!!!!!!!!!!!!!!

recovering my own money

' with a little help from my friends'

-using the best legal system in the world!

:D

Claim £6k+ -March

Offer refused for £3,600+ -May sent in MCOL

Defence received end June with CPR 18 request

responded immediately to Northampton requested small claims process at local Court.

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I'm not sure I understand this? Are you saying that you haven't issued yet and won't if your local Court is staying claims? Remember that you are losing interest on charges running over the 6 year Statute Barred period if you haven't issued in Court yet!

Huh? So I should submit to a court that is 'staying cases'? I don't know..

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I was about to launch another attack on Abbey but now in two minds till we get the out come of the test case.

 

Its still one sided as the banks continue to apply illegal charges on my account if the test case is going ahead and all accounts are in dispute then all charges should be deferred.:sad:

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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Hi Jez,

 

This is all down to how you feel personally about the issue - if you have an offer that you want to accept, no one is going to tell you not to in order to "fight the crusade" here. It's your claim - yes, we can advise/assist, but ultimately it's your call as to how to continue.

 

I'll quote Martin from MSE - don't get sucked in to the challenge! Think about how this effects you, financially, mentally and emotionally and weigh up if you want to continue.

 

If you don't, that's fine, no one will think any less of you - in fact, well done for even getting this far as you must have faced some challenges along the way already.

 

If you do, that's fine as well - but don't do it for the wrong reasons. Make sure you know what's instore and be prepared for more challenges along the way.

 

For me, an offer of £1k on a £4k claim just isn't worth it. If I was in your position, I would probably accept what you have now - remember, there is always a chance that "we" may lose on the test case outcome! On the other hand, the TC is all about "laws" that have been around for over 200 years - all of a sudden these "laws" aren't "good laws"? I don't think so! How can they overturn 200 years of precedent without putting the whole of society in general in strife? It's highly unlikely, in my opinion - but not impossible.

 

Hope this helps...

 

P.S. Have you started your own thread, as this post best fits there? (Sorry to HiJack, ICY!)

 

;)

Good advice - thanks I will pursue long the line you have suggested,

Jez

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just got flew back into uk this morning after 2 weeks away my case was due to be heard on the 7th of sept at teeside combined court an a letter has arrived from the court an a stay has been put on mine am gutted but have till the 4th to do anything i am in need of any help on what to do an very short of time to do it so please help there must be something an i dont have enough time to read all the threafds to catch up HELP dont want to get this close an have it snatched away there must be something i can do

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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. Croydon County Court

7.Dingwall Sheriff Court

8. Gloucestershire Family and Civil Courts

9. Hull County Court

10. Keighley County Court

11. Kettering County Court

12. Leeds Combined Court Centre

13. Medway County Court

14. Milton Keynes County Court

15. Newcastle County Court

16. Newport (Isle of Wight) County Court

17. North Shields County Court

18. Reading County Court

19. Romford County Court

20. Salford County Court

21. Scun.thorpe County Court

22. Slough County Court

23. St.Helens County Court

24. Stoke-on-Trent Combined Court

25. Sunderland County Court

26. Thanet County Court

27. Uxbridge 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. Chichester County Court

14. Dartford County Court

15. Derby Combined Court Centre

16. Durham County Court

17. Eastbourne County Court

18. Edmonton County Court

19. Grantham County Court

20. Hastings County Court

21. Haverfordwest County Court

22. Hitchin County Court

23. Huddersfield County Court

24. Hull County Court

25. Lancaster County Court

26. Liverpool Civil and Family Court

27. Mansfield County Court

28. Morpeth and Berwick County Court

29. Northampton County Court

30. Norwich County Court

31. Portsmouth Combined Court Centre

32. Redditch County Court

33. Rotherham County Court

34. Sheffield Laws Courts

35. Southampton Combined Court Centre

36. Stockport County Court

37. Stourbridge County Court

38. Teesside Combined Court Centre

39. Tunbridge Wells County Court

40. Wandsworth County Court

41. Watford County Court

42. West London County Court

43. Wigan County Court

44. Winchester Combined Court

45. Wolverhampton Combined Court Centre

46. Worcester County Court

47. Worthing County Court

48. 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. Darlington County Court

16. Doncaster County Court

17. Exeter Combined County Centre

18. Gateshead County Court

19. Guildford County Court

20. Halifax County Court

21. Horsham County Court

22. Ipswich County Court

23. Kingston-upon-Thames County Court

24. Leicester County Court

25. Lewes Combined Court Centre

26. Luton County Court

27. Maidstone Combined Court Centre

28. Manchester County Court (Crown Square)

29. Manchester County Court (Deansgate)

30. Newport (Gwent) County Court

31. Nottingham County Court

32. Oxford Combined Court Centre

33. Oldham County Court

34. Peterborough Combined Court Centre

35. Plymouth Combined Court

36. Poole County Court

37. Preston Combined Court Centre

38. Rhyl County Court

39. Rugby County Court

40. Scarborough County Court

41. St Albans County Court

42. Southend County Court

43. Taunton County Court

44. Telford County Court

45. Torquay and Newton Abbot County Court

46. Trowbridge County Court

47. Weston-Super-Mare County Court

48. Welshpool and Newton County Court

49. Weymouth and Dorchester Combined Court Centre

50. 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. Dewsbury County Court

37. Dornoch Sheriff Court

38. Dudley County Court

39. Dumbarton Sheriff Court

40. Dumfries Sheriff Court

41. Dundee Sheriff Court

42. Dunfermline Sheriff Court

43. Dunoon Sheriff Court

44. Duns Sheriff Court

45. Edinburgh Sheriff Court

46. Elgin Sheriff Court

47. Epsom County Court

48. Evesham County Court

49. Falkirk Sheriff Court

50. Forfar Sheriff Court

51. Fort William Sheriff Court

52. Glasgow Sheriff Court

53. Gravesend County Court

54. Great Grimsby Combined Court Centre

55. Greenock Sheriff Court

56. Haddington Sheriff Court

57. Hamilton Sheriff Court

58. Harlow County Court

59. Harrogate County Court

60. Hartlepool County Court

61. Haywards Heath County Court

62. Hereford County Court

63. High Wycombe County Court

64. Huntingdon County Court

65. Ilford County Court

66. Inverness Sheriff Court

67. Jedburgh Sheriff Court

68. Kendall County Court

69. Kidderminster County Court

70. Kilmarnock Sheriff Court

71. Kings Lynne County Court

72. Kirkcaldy Sheriff Court

73. Kirkcudbright Sheriff Court

74. Kirkwall Sheriff Court

75. Lambeth County Court

76. Lanark Sheriff Court

77. Leigh County Court

78. Lerwick Sheriff Court

79. Lincoln County Court

83. Linlithgow Sheriff Court

84. Livingston Sheriff Court

85. Llanelli County Court

86. Llangefni County Court

87. Lochmaddy Sheriff Court

88. Lowestoft County Court

89. Ludlow County Court

90. Macclesfield County Court

91. Melton Moybray County Court

92. Merthyr Tydfil Combined Court Centre

93. Middlesbrough County Court

94. Mold County Court

95. Neath and Port Talbot County Court

96. Nelson County Court

97. Newark County Court

98. Newbury County Court

99. Northwich Magistrates and County Court

100. Nuneaton County Court

101. Oban Sheriff Court

102. Oswestry County Court

103. Paisley Sheriff Court

104. Peebles Sheriff Court

105. Penrith County Court

106. Penzance County Court

107. Perth Sheriff Court

108. Peterhead Sheriff Court

109. Pontefract County Court

110. Pontypool County Court

112. Pontypridd County Court

113. Portree Sheriff Court

114. Rawenstall County Court

115. Reigate County Court

116. Rothesay Sheriff Court

117. Salisbury Crown and County Court

118. Selkirk Sheriff Court

119. Shrewsbury County Court

120. Skegness County Court

121. Skipton County Court

122. South Sheilds County Court

123. Southend County Court

124. Southport County Court

125. Southwark County Court

126. Stafford Combined Court Centre

127. Staines County Court

128. Stirling Sheriff Court

129. Stonehaven Sheriff Court

130. Stornoway Sheriff Court

131. Stranraer Sheriff Court

132. Stratford-upon-Avon County Court

133. Swansea Civil Justice Centre

134. Swindon Combined Court

135. Tain Sheriff Court

136. Tameside County Court

137. Tamworth County Court

138. Truro County Court

139. Wakefield County Court

140. Walsall Hearing Centre - County Court

141. Warwick Combined Court Centre

142. Whitehaven County Court

143. Wick Sheriff Court

144. 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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ok sorry here is the letter i recieved

 

General form of Judgement order

 

middlesbrough county court

 

district judge P Cuthbertson sitting at Middlesbrough county court russell street middlesbrough read the papers in this case and upon it appearing that the issues in this claim are identical to those likely to be the subject of proceedings in the commercial court between the Office of Fair trading and certain financial institutions ("the test cases") pursuant to an agreement made on the 25th of july 2007

 

ordered that

 

1. the hearing of this claim on the 7th september is vacated

 

2. this claim is stayed until one calander month after final judgement in the test cases(including any appeal) or 31st october 2008, whichever sooner

 

3. Either party may upon notice to the other party apply to lift the stay at any stage upto the earliest of the two dates provided for in paragraph 1 above

 

4. if no application is made to lift the stay or seek further directions before the claim shall stand dismissed without further order

 

5. this order has been made on the courts own initiative and without haring the parties. any party affected by this order may apply on notice to the other arty and to the court to have it set aside. varied or stayed but any such application must be made by 4pm 5th sept 2007

 

 

that is what i recieved an no it is not a credit card claim it was sent out on the 22nd of aug an i only came home yesterday so am a bit like a headless chicken at the momment an at a loss to get my head round what im doing so sorry for being unclear thanks in advance for any help i cant stumble at this point after all the work ive put in

 

thanks again jeanette

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nat

 

This is very interesting. Please can you supply any more details on this one?

 

I received Halifax's AQ which stated their request for a stay pending the outcome of the OFT case, then yesterday I received my notice of allocation to the small claims track which said that district judge Banks had considered the statements of case on the AQ and giving me a hearing date.

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As today is 28 days after the service date of my Claim of a refund of charges and interest from Capital One I phoned the Court (Maidstone Combined Court Centre). Cap One have made an offer lower than the amount of my claim. I have recieved one cheque from them this week but I haven't received the other cheque they said in their letter of 13th. August that they had sent. The person I spoke to at the court said that my case had been stayed as had all the other bank charge claims throughtout the courts service pending the outcome of the OFT test case. I was told that an application to stop the stay would not succeed. I was planning to ask for a summary judgemnt if Cap One hadn't submitted a defence and their cheque doesn't arrive tomorrow. It seems there is a general stay on all bank charge claim cases. I will wait for notification in the post, but this doesn't sound good.

 

Regards Callingcard

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Just thought I would update you on what is happening in the Devon and Cornwall Courts. When it first became apparent that cases would be put on stay, I had a meeting with the Manager of Truro County Court to discuss it. She told me that all claims concerning banks would be pulled out and put in front of a judge before a stay was ordered.

With the first batch of stays, a general form of judgment or order was issued worded as "Before Deputy District Judge Romary sitting at Truro County Court ...etc.".

Then, from 20 August, the orders appeared worded as "Before A PROPER OFFICER sitting at Truro County Court ..."

I queried this with the Manager of Truro County Court questioning whether "a proper officer" had the authority to issue stays. Her immediate response was, "That is a mistake, it should have said "Upon the direction of his honour District Judge Griggs ...". On the particular case that I queried, an amended order was issued.

I then queried this pointing out that "upon the direction of" is not the same as "before". It implied that the judge had not read the papers.

After 48 hours, I received a phone call from her saying that she had taken instructions from the judiciary and that everything was fine. "Before a proper officer" was fine because it was as a result of a direction from Justice Griggs. And it was true that cases were being stayed without the papers going before a judge. If I wanted to challenge this, I would have to make an application to have the stay lifted.

(She then also told me that she would no longer communicate with me. I was not a claimant, and as I was not a solicitor, I could only get involved as a lay representative which would mean that I could only communicate with the court when the claimant was there in person. She had obviously decided that I was making her job too difficult with all my stroppy questions. Previous stroppy questions from me had included pointing out to her that the information letter that was being sent out with all stay orders did not even have the name of the statutory instrument right - it referred to the Unfair Contract Terms in Consumer Contracts Regulations 1999; it also had as the contact email address the previous court manager who retired 2 months ago - any email sent to him gets an auto reply telling you that he has retired.)

 

My reading of the Civil Procedure Rules is that an officer of the court does not have the power to make these decisions.

 

"CPR 3.3 (4) The court may make an order of its own initiative, without hearing the parties or giving them an opportunity to make representations."

 

"Power of judge, Master or district judge to perform functions of the court

CPR 2.4***

Where these Rules provide for the court to perform any act then, except where an enactment, rule or practice direction provides otherwise, that act may be performed –

(a) in relation to proceedings in the High Court, by any judge, Master or district judge of that Court; and

(b) in relation to proceedings in a county court, by any judge or district judge.

 

Court staff

2.5***

(1) Where these Rules require or permit the court to perform an act of a formal or administrative character, that act may be performed by a court officer.

(2) A requirement that a court officer carry out any act at the request of a party is subject to the payment of any fee required by a fees order for the carrying out of that act."

 

The issuing of a stay is, surely, an act that should be performed by the judge under 2.4 (b) rather than being a formal or administrative act under 2.5 (1). I cannot see how a judge can delegate a decision about which cases should be stayed to an officer of the court. If I take a claim into the court and ask the officer if the claim looks OK to them, they refuse to tell me, saying that they are not legally qualified. But 10 minutes later a "proper officer' looks at it and decides that the legal issues in it are similar to those in the Commercial Court case and promptly put the claim on stay.

 

Deeply depressing!

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Bodmin County Court.

Have stayed my case Saying

 

The District Judge Griggs, upon reading the file and upon it appearing that the issues are to be considered in litigation currently before the commercial court (2007 Folio 1196

IT IS ORDERED THAT

1) the case be stayed with immediate effect pending the ultimate determination of the Commercial Court litigation

2)Permission to apply to lift the stay.Any application shall(i) be made on notice to all other parties, (ii) inclued reasons why this claim should proceed before the ultimatedetermination of the Commercial Court litigation and (iii) shall be reserved to the Desiganated Civil Judge (unless specifically released by him)

3)Unless the court have given directions in the meantime, the defendant shall upon notice to the claimant apply for direction within 3 months of the ultimate determination of the Commercial court litigation.

 

I feel more than a little agreived at this decision, I had to pay £100 AQ fees on 4 August, before I did this I rang the court and asked if the pending litigation would have any effect on my hearing the lady said that things would go ahead as normal and the £100 would be required. I had to borrow this money as I could not afford to pay it myself. I had a blanket letter from Barclays saying that they were going to ask for a stay, I sent an application that if such a stay was requested that it be refused, no reference has been made of that. My court bundle was due in 24 August, I rang the court to ask if the cases were being stayed they said yes but If I did not send the court bundle I would be in default. It cost me £3.50 to send the bundle to barclays and the same to the court. I was under impression that Barclays should have sent me their bundle by 24th (Am I correct to assume this?) as I have not recieved anything.

What do I do now except wait for 12 months. I feel that not only have I been shafted by the bank but also the legal system.

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