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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.
The OP is saying that the other court is also local (ish) so I can't see this as being a problem .....

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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Craigavon Court has adjourned until 20 February my Data Protection Act claim for enforcement of my S.A.R - (Subject Access Request) plus damages against Northern Bank, the listing officer's letter cites the OFTs test case as the reason.

 

(Note adjourned, not stayed)

 

Eh? This is a Data Protection Act claim asking for an order they comply with statute law.

 

(they have actually complied with my SAR and tacitly admitted liability, but their settlement cheque for £207 only covers damages and interest claimed, not my £36 court fee.)

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Eh? This is a Data Protection Act claim asking for an order they comply with statute law.

 

(they have actually complied with my S.A.R - (Subject Access Request) and tacitly admitted liability, but their settlement cheque for £207 only covers damages and interest claimed, not my £36 court fee.)

 

Let the court know that this is nothing to do with bank charges.

 

If they have complied, what are you claiming for then?

 

To save yourself the extra work, you might as well let go the £36 and accept the cheque.

 

I've done this on some complaints (not court) where they offered just short of the amount requested and it's just not worth spending the extra time on it again.

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Craigavon Court has adjourned until 20 February my Data Protection Act claim for enforcement of my S.A.R - (Subject Access Request) plus damages against Northern Bank, the listing officer's letter cites the OFTs test case as the reason.

 

(Note adjourned, not stayed)

 

Eh? This is a Data Protection Act claim asking for an order they comply with statute law.

 

(they have actually complied with my S.A.R - (Subject Access Request) and tacitly admitted liability, but their settlement cheque for £207 only covers damages and interest claimed, not my £36 court fee.)

 

If they have paid your claim in full less the £36 court fee - I would personally write to them tactically accepting the settlement but reminding them that they have obviously overlooked refunding your court fee.

 

I would state in my letter that I would be happy to accept the amount of £243 in settlement which includes said fee.

 

Why let them off - they're obviously trying it on to see if u notice I reckon

 

JMHO! :)

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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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. Banbury County Court

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. Central London County Court

7. Colchester County Court

8. Croydon County Court

9. Dingwall Sheriff Court

10. Hull 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. North Shields County Court

17. Oxford Combined Court Centre

18. Reading County Court

19. Romford County Court

20. Salford County Court

21. Scun.thorpe County Court

22. Slough County Court

23. Stoke-on-Trent Combined Court

24. Sunderland County Court

25. Thanet County Court

26. Torquay and Newton Abbot County Court HAVE LIFTED A STAY

27. Uxbridge County Court

28. Wellingborough County Court

29. Willesden County Court

30. Woolwich County Court

31. 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. Bath County Court

7. Birmingham Civil Justice Centre

8. Bodmin County Court

9. Bournemouth County Court

10. Brentford County Court

11. Bromley County Court

12. Bury County Court

13. Carlisle Combined Court Centre

14. Chichester County Court

15. Coventry Combined Court Centre

16. Craigavon court

17. Dartford County Court

18. Derby Combined Court Centre

19. Durham County Court

20. Eastbourne County Court

21. Edmonton County Court

22. Gloucestershire Family and Civil Courts

23. Grantham County Court

24. Hastings County Court

25. Hitchin County Court

26. Huddersfield County Court

27. Hull County Court

28. Lambeth County Court

29. Lancaster County Court

30. Liverpool Civil and Family Court

31. Mansfield County Court

32. Middlesbrough County Court

33. Mold County Court

34. Morpeth and Berwick County Court

35. Newport (Isle of Wight) County Court

36. Northampton County Court

37. Norwich County Court

38. Portsmouth Combined Court Centre

39. Redditch County Court

40. Rotherham County Court

41. St.Helens County Court

42. Sheffield Laws Courts

43. Southampton Combined Court Centre

44. Stockport County Court

45. Stourbridge County Court

46. Teesside Combined Court Centre

47. Tunbridge Wells County Court

48. Wandsworth County Court

49. Warrington and Runcorn County Courts

50. West London County Court

51. Whitehaven County Court

52. Wigan County Court

53. Winchester Combined Court

54. Wolverhampton Combined Court Centre

55. Worcester County Court

56. Worthing County Court

57. 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. Barnet Civil and Family Courts Centre

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

4. Belfast (Laganside Court)

5. Birkenhead County Court

6. Blackpool County Court

7. Bolton Combined Court Centre

8. Bradford County Court

9. Brighton County Court

10. Caernarfon County Court

11. Canterbury Combined Court Centre

12. Cardiff Civil Justice Centre

13. Chester County Court

14. Chesterfield County Court

15. Chorley County Court

16. Clerkenwell and Shoreditch County Court

17. Darlington County Court

18. Doncaster County Court

19. Exeter Combined County Centre

20. Gateshead County Court

21. Guildford County Court

22. Halifax County Court

23. Haverfordwest County Court

24. High Wycombe County Court

25. Horsham County Court

26. Ipswich County Court

27. Keighley County Court

28. Kingston-upon-Thames County Court

29. Leicester County Court

30. Lewes Combined Court Centre

31. Luton County Court

32. Maidstone Combined Court Centre

33. Manchester County Court (Crown Square)

34. Manchester County Court (Deansgate)

35. Newport (Gwent) County Court

36. Nottingham County Court

37. Oldham County Court

38. Peterborough Combined Court Centre

39. Plymouth Combined Court

40. Poole County Court

41. Preston Combined Court Centre

42. Rawenstall County Court

43. Rhyl County Court

44. Rugby County Court

45. Scarborough County Court

46. St Albans County Court

47. Southend County Court

48. Swansea Civil Justice Centre

49. Taunton County Court

50. Telford County Court

51. Trowbridge County Court

52. Watford County Court

53. Weston-Super-Mare County Court

54. Welshpool and Newton County Court

55. Weymouth and Dorchester Combined Court Centre

56. 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. Banf Sheriff Court

10. Barrow-in-Furness County Court

11. Basildon Combined Court

12. Bedford County Court

13. Blackwood County Court

14. Boston County Court

15. Brecon Law Courts

16. Bridgend Law Courts

17. Burnley Combined Court Centre

18. Burton-upon-tweed County Court

19. Bury St Edmonds County Court

20. Buxton County Court

21. Campbeltown Sheriff Court

22. Cambridge County Court

23. Carmarthen County Court

24. Chelmsford County Court

25. Cheltenham County Court

26. Consett County Court

27. Conwy and Colwyn County Court

28. Crewe County Court

29. Cupar Sheriff Court

30. Dewsbury County Court

31. Dornoch Sheriff Court

32. Dudley County Court

33. Dumbarton Sheriff Court

34. Dumfries Sheriff Court

35. Dundee Sheriff Court

36. Dunfermline Sheriff Court

37. Dunoon Sheriff Court

38. Duns Sheriff Court

39. Edinburgh Sheriff Court

40. Elgin Sheriff Court

41. Epsom County Court

42. Evesham County Court

43. Falkirk Sheriff Court

44. Forfar Sheriff Court

45. Fort William Sheriff Court

46. Glasgow Sheriff Court

47. Gravesend County Court

48. Great Grimsby Combined Court Centre

49. Greenock Sheriff Court

50. Haddington Sheriff Court

51. Hamilton Sheriff Court

52. Harlow County Court

53. Harrogate County Court

54. Hartlepool County Court

55. Haywards Heath County Court

56. Hereford County Court

57. Huntingdon County Court

58. Ilford County Court

59. Inverness Sheriff Court

60. Jedburgh Sheriff Court

61. Kendall County Court

62. Kidderminster County Court

63. Kilmarnock Sheriff Court

64. Kings Lynne County Court

65. Kirkcaldy Sheriff Court

66. Kirkcudbright Sheriff Court

67. Kirkwall Sheriff Court

68. Lanark Sheriff Court

69. Leigh County Court

70. Lerwick Sheriff Court

71. Lincoln County Court

72. Linlithgow Sheriff Court

73. Livingston Sheriff Court

74. Llanelli County Court

75. Llangefni County Court

76. Lochmaddy Sheriff Court

77. Lowestoft County Court

78. Ludlow County Court

79. Macclesfield County Court

80. Melton Moybray County Court

81. Merthyr Tydfil Combined Court Centre

82. Neath and Port Talbot County Court

83. Nelson County Court

84. Newark County Court

85. Newbury County Court

86. Northwich Magistrates and County Court

87. Nuneaton County Court

88. Oban Sheriff Court

89. Oswestry County Court

90. Paisley Sheriff Court

91. Peebles Sheriff Court

92. Penrith County Court

93. Penzance County Court

94. Perth Sheriff Court

95. Peterhead Sheriff Court

96. Pontefract County Court

97. Pontypool County Court

98. Pontypridd County Court

99. Portree Sheriff Court

100. Reigate County Court

101. Rothesay Sheriff Court

102. Salisbury Crown and County Court

103. Selkirk Sheriff Court

104. Shrewsbury County Court

105. Skegness County Court

106. Skipton County Court

107. South Sheilds County Court

108. Southend County Court

109. Southport County Court

110. Southwark County Court

111. Stafford Combined Court Centre

112. Staines County Court

113. Stirling Sheriff Court

114. Stonehaven Sheriff Court

115. Stornoway Sheriff Court

116. Stranraer Sheriff Court

117. Stratford-upon-Avon County Court

118. Swindon Combined Court

119. Tain Sheriff Court

120. Tameside County Court

121. Tamworth County Court

122. Truro County Court

123. Wakefield County Court

124. Walsall Hearing Centre - County Court

125. Warwick Combined Court Centre

126. Wick Sheriff Court

127. 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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My case in Bristol CC has been stayed.... I started in Feb 2007 and it was due to be heard on the 21 st Sept. It states "In the light of the decieion by the office of fair trading to instigate a test case in the High Court to provide a determination of the issues in these proceedings, the district Judges have decided to say all new cases issued in Bristol CC. It goes on to say IT IS ORDERED THAT "This action is stayed untill a date 28 days after the publication of the decision in the test case brought in the High Court by the office of fair trading in July 2007". What does that mean? ,is it a error ?. And I can't see that my case is a "new case" as it has been listed since June. Paul.

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Hi

Bath court stayed my case and 3 others but with a condition that Barclays does not add further bank charges starting from 28/9/07 until the end of the OFT test case. This was a taped order by Judge Webber on 7/9/07

 

Applause.

 

The Master of the Rolls and the BBC could do with news of this enlightened and even-handed landmark judgment.

 

 

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Applause.

 

The Master of the Rolls and the BBC could do with news of this enlightened and even-handed landmark judgment.

 

It is not the first, follows a similar judgement on a stay by a judge in Luton. If I remember that was against Barclays, too;)

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Have been reading all coments posted here about stays, but am completely lost.

 

I had my stay against Yobbo Bank stayed on 7th August (how quick is Sheffield to jump on bandwagon) - letter from court arrived same day that letter from bank arrived saying they were going to apply for stay (bit bloody quick). At the time the advice on this site was very mixed - some people said to apply to have stay lifted, some said it was not worth it as lifting it would not be granted and others said 'suck it and see'. Although I am in full time teaching work, my monthly salary is spoken for by mortgage payments, debts, credit cards, etc so I just about break even at end of month. I would have found it quite difficult to pay the fee for the stay being lifted so put claim on back burner for now.

 

Now I am wondering if I should have done something at the time and whether or not I am going to miss out having not acted. Does anyone have any clear guidance as to what to do now or are we still at the whim of the unjust judicial system that does not appear to communicate with anyone - even themselves?

 

Any advice is welcome:confused:

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Hi Icy

Business Claims are also not coverered by the OFT Test case, my hubby just had a letter yesterday, D & G Solicitors advising him that they want to settle his claim, despite receiving last week a blanket stay from BARNET CC on ALL BANK CHARGE CLAIMS. won won won

 

The trouble is with courts they see bank Charges claims and just assume that it applies to the test case!

 

DSxx

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Hi Icy

Business Claims are also not coverered by the OFT Test case, my hubby just had a letter yesterday, D & G Solicitors advising him that they want to settle his claim, despite receiving last week a blanket stay from BARNET CC on ALL BANK CHARGE CLAIMS.

 

I think it depends on the bank.

 

HSBC seem to be paying out on Business Accounts as well as Natwest, even though they said if the offer is not accepted (50%) then the stay will apply.

 

Anyone know what Barclays do? I have had a case against Barclays stayed by the FOS and it is a Business Account. Should i start court proceedings against Barclays now or wait till end of test case? I'm only asking for about £350.

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Hi Tifo

You should continue with your claim, after all it is for a small amount, do not whatever you do it on MCOL as there is not sufficient space for the wording, therefore you should do a N1 claim form. Also, all MCOL claims regarding bank charges are being stayed so this is another reason to use the N1 form.

 

It seems from another thread that I was reading yesterday Barclays Litigation team have said that if anyone opposses a stay which the courts are doing on their own motion they are not going to contest it. So I believe you would IMHO be Ok with going forward with a claim.

 

The only thing that I am not entirely certain is that if you have had a case stayed by the FOS, have you maybe bound and agreed in writing to await the outcome of their decision as sometimes you cannot do both. It maybe worth phoning the FOS to see what you have signed for.

 

I do hope that this helps with your decision.

Regards

DS

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Have been reading all coments posted here about stays, but am completely lost.

 

I had my stay against Yobbo Bank stayed on 7th August (how quick is Sheffield to jump on bandwagon) - letter from court arrived same day that letter from bank arrived saying they were going to apply for stay (bit bloody quick). At the time the advice on this site was very mixed - some people said to apply to have stay lifted, some said it was not worth it as lifting it would not be granted and others said 'suck it and see'. Although I am in full time teaching work, my monthly salary is spoken for by mortgage payments, debts, credit cards, etc so I just about break even at end of month. I would have found it quite difficult to pay the fee for the stay being lifted so put claim on back burner for now.

 

Now I am wondering if I should have done something at the time and whether or not I am going to miss out having not acted. Does anyone have any clear guidance as to what to do now or are we still at the whim of the unjust judicial system that does not appear to communicate with anyone - even themselves?

 

Any advice is welcome:confused:

 

Hey Jennifrance1,

 

I may be taking things too literally here, but doesn't this mean that you are suffering financial hardship as a result of the stay continuing to apply to you? If so, you need to ask the Court to lift the stay as the OFT has said cases of financial hardship should be heard.

 

I've sent a letter using some of the template, (reworded, as 1 of the Judges in my Co Court already commented on downloading template letters and how he hates that!) giving details of my financial hardship (I'm in pretty much the same situation as you) and some other reasons why I think my stay should be lifted - the Court hasn't replied yet, but I'd be surprised if they ask for a fee to consider the application as the Bank didn't have to pay a fee for requesting a stay that was granted during a hearing! Even if they ask for the fee, it can only be £35 unless I request a hearing - if I pay £35 and the Court/Bank want a hearing, I shouldn't have to pay the fee of £65 IMHO...

Always happy to help where I can!

:lol:

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It is not the first, follows a similar judgement on a stay by a judge in Luton. If I remember that was against Barclays, too;)

 

Bank lawyers are currently rolling on the floor laughing at stayed hearings. Perhaps pronouncements by the Bath and Luton courts could be collated together and made known to CAG, chapter and verse.

 

CAG estimated unlawful penalty charges to total £4.5 billion per annum. If we retreat to a more modest estimate of £3 billion, with banks levying half of that, then banks would be levying £120 million charges per month, every month until the OFT verdict.

 

Banks who wish to carry on without pause exacting unlawful charges will have to face court hearings without stay.

 

Banks who wish their hearings to be stayed pending OFT verdict, will have to put a stay on further unlawful charges.

 

Banks cannot have it both ways.

 

 

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I cannot agree more, Mistermind

I am at the LBA stage with HSBC, they have not replied to any of my letters, I will go forward and though the usual motions, ready to file in a couple of weeks time

If they try to stay it I will suggest that it is done under the condition that they refer from charging any more penalty charges, or else I will apply to have stay lifted

Although my local court stays all bank charges claims, the one up the road (approx 20 min by car) proceeds on a case by case basis, so that is where I will be filing.

OFT test case or not, I want my money and I want it NOW ;)

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Very best of luck Phantom in your stand against the spectre of bloodsucking bankers. I am with you in spirit, boom boom.

 

I would withdraw objections against continuing unlawful charges, if UK bankers were to emulate their Dublin colleagues who charge a civilized fair £3 penalty.

 

It would strengthen your case in court, if CAG members could post or PM statements to you (with name & address & account number obscured), showing unlawful penalty charges levied since the tidal wave of stays started on 30th July 2007.

 

Bank penalty charges net them (my) estimated income of £120 million per month. But nothing is more convincing than a folderful of evidence placed before the judge that real life humans with names and bills to pay are being crushed by this runaway train.

 

 

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