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Find out here if your local court is staying claims


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BBC NEWS | Business | Banks still being sued over fees

 

The above link contains the following description of the origin of stays a month ago:

 

start_quote_rb.gif To allow individual claims to proceed is likely to result in considerable wasted costs end_quote_rb.gif

 

Judge Gary Hickinbottom

 

"When the Office of Fair Trading and the banks agreed at the end of July to go to a test case on the legitimacy of overdraft charges, the banks also approached the Master of the Rolls, the head of the civil justice system in England and Wales, and asked him to stay all current cases.

o.gif

However, Sir Anthony Clarke decided not to do so.

 

Instead, his deputy wrote to all senior civil judges in England and Wales and asked them to consider staying cases on a case-by-case basis, as appropriate. In other words, he left it up to them."

 

-------------------------------------------------

 

I appreciate marcus2864's scepticism about stays being lifted by a grassroots petition. However, even more so I agree with peterpete's point that justice at the moment is asymmetric.

 

Banks can put victims' lawsuits into limbo pending the OFT hearing. But victims are not allowed to resist still more unlawful charges ahead of the selfsame hearing. Banks can stop victims. Victims cannot stop banks.

 

Judge Hickinbottom gave one reason for the stays -- "To allow individual claims to proceed is likely to result in considerable wasted costs". I would suggest that to disallow individual claims to proceed even while fresh injuries are daily inflicted, will signal to the nation that law courts condone one-sided contempt for the law.

 

If CAG would like to head a petition I want to be the first to sign -- for the Master of the Rolls to advise courts that, if any bank does not immediately stop levying further allegedly unlawful penalty charges, that hearings stayed against aforesaid bank should be allowed to resume their progress.

 

If banks say there is no merit in this allegation of unlawfulness, why have they all refused as one over the past 17 months to refute this allegation in court? £39 penalty charge for going overdrawn 39 pence?

 

You cannot be serious.

 

 

Here here, nicely put and Ill be the 2nd to sign. The courts are now causing much more havoc and why are they siding with the banks!!

 

DS

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. . . if any bank does not immediately stop levying further allegedly unlawful penalty charges, that hearings stayed against aforesaid bank should be allowed to resume their progress.

 

That is, quite simply, the best suggestion I have seen on the whole issue of stays!

 

But how do we get it applied universally in the Courts?

 

Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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It seems that if the Banks apply for stays, we should use the stay template to attempt to get it lifted, but if the Court applies the stay, that's all right then. It's o.k. for the banks to breach my Human rights but not the courts?

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Gloucester County Court

 

Have stayed four claims (Lloyds/ Lloyds Card Services, Egg & Cahoot)

 

Am appealing

Charlie

 

Won so far....

Lloyds Bank - £8500

Lloyds Mastercard - £800

Egg - £1500

Cahoot - £1500

HFC - £180

GE Money - £600

Midshires - £1100

Friends, family & neighbours I've helped - £5000+!!

 

Currently working on...

 

Charges:

Lloyds (again) £2200

CCA:

Lloyds (yawn) & Egg

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This might sound stupid but my case has been stayed by southend county court, but my local court is colchester who transfered it to southend just befor the stay was issued. is this just normal procedure or has something irregular occured. and when is the test case.

Herbs

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Sorry if this has already been answered , but do I have to file at the court closest to me or can it be one nearby ?

My local one stays all claims, while the next one along up the road (approx 20 min by car) proceeds on a case by case basis

Could I file there instead ?

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Icy,

 

Barnet CC are issueing blanket stays, even on Business accounts which does not fall under the remit of the OFT test case.

 

They say you can within 7 days application can be made to set aside paying the appropriate fee.

 

DSxx

That's all well & good them sating that but it's wrong for them to stay cases which shouldn't be ... I've had one stayed for a c/card claim after the bank requested it & they are not covered either! I've written to the court advising this & have had the same reply that I can apply to have it lifted & the usual fees apply! Why should we pay when it shouldn't be stayed in the first place - the banks are abusing this order & I for one will be making a complaint to the relevant authorities about it.

 

Thing is - i'm sure the fee for the stay being lifted is not claimable back from the banks either - Mine's not a big claim so looks like I'm stuck with the stay for now as i really don't wanna be throwing any more money at it - especially money I won't get back!

 

Rant over! :-x

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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Sorry if this has already been answered , but do I have to file at the court closest to me or can it be one nearby ?

My local one stays all claims, while the next one along up the road (approx 20 min by car) proceeds on a case by case basis

Could I file there instead ?

 

You can file your claim at whatever court you like - it's your claim! Good Luck :)

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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Hi Icy just to let you know I attended court this morning and was told that Judge Gerlis at BARNET COUNTY COURT had stayed all claims relating to bank charges 2 weeks ago. No letter no phone call nothing.

 

How Courteous!! I can't believe they didn't have the decency to write to you - I would have been most annoyed if I'd arranged time of work & child care to attend court - If it were me I would be tempted to write to the judge to 'air' my dismay! :mad:

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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Yes indeed, I am thinking about what to write. Turned up, the case was on the boards under the WRONG name and to top it all the judge didn't have a copy of my bundle. I really despair for the state of our courts. I felt as if I had been swept under the carpet with all the dust.

:-|

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I've written today to Gloucester CC in respect of 4 stayed cases, only 2 of which are bank accounts, the other 2 being loan and/or credit cards.

 

I've paid my £35 each and am feeling a little miffed by the whole farcical situation!

Charlie

 

Won so far....

Lloyds Bank - £8500

Lloyds Mastercard - £800

Egg - £1500

Cahoot - £1500

HFC - £180

GE Money - £600

Midshires - £1100

Friends, family & neighbours I've helped - £5000+!!

 

Currently working on...

 

Charges:

Lloyds (again) £2200

CCA:

Lloyds (yawn) & Egg

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Hi all, i had my claim stayed against Barclays at Ipswich County Court. I put in a application to lift the stay and £65, received a letter this morning to say i have a court date to see if i can have the stay lifted. Does anyone know what i have to take to this. Is it just evidence of financial hardship, thanks

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You can file your claim at whatever court you like - it's your claim! Good Luck :)

 

I can't disagree, but the claim will be case managed by the Court you issue at and can be transferred to a Court local to the Claimant, in these cases.

Always happy to help where I can!

:lol:

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?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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It is beginning to look like blanket stays accross the board, not many cases are getting through.

 

Apart from the N224 for removal of the stay what else can be done, the legal system is a sham at present.

 

DS

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