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Find out here if your local court is staying claims

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My court date (actually my bosses, but I am dealing with it on her behalf..) is Friday 28th September in the Huntingdon County Court. I just phoned them and was told that they are now part of the Peterborough and Huntingdon combined court and that all cases are being automatically stayed, without application from the banks. I gave my case number and she said that mine appreared not to have been stayed, and that it was the only one. She then disappeared and came back to say that it was an error and I would be notified of the stay. I could kick myself now!!! :evil:

 

I asked about applying for removal of the stay and she said I could try but it wasn't worth it. Of course I still will though....

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I wouldn't worry too much Lindy Lou, as we're all facing a mass stay on our cases regardless of justice being applied. Continue to attempt to lift the stay using specific information to your claim and the Court will have to at least look at it for you.

 

I've just called Morpeth and Berwick County Court to be told my application to lift the stay is refused, regardless of my circumstances - I'll be asking for a hearing before the Judge and letting them know about my disappointment and the fact they've totally ignored my arguments against and just blatantly accepted the Defendant's version... for what it's worth...


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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District Judge Rhodes has ordered all Bank Charge Claims in Watford County Court now be Stayed until 31t March 2007 (ie, after the OFT Case)

 

Gutted. That's the second stay my claim has recieved.

 

I reckon the banks are gonna do a deal and shaft us all... you wait and see..


Lloyds

19-10-06- S.A.R Letter

Prelim 20-11-06 £10,492

LBA - 2/12/06

Cap 1

19-10-06 - S.A.R Letter

Prelim 20-11-06 £1,467

LBA 2/12/06

WON-Settled in Full

AMEX

19-10-06 -S.A.R Letter.

Prelim - 20-11-06 £697

LBA - 2/12/06

Morgan Stanley

19-10-06 - S.A.R Letter

Prelm 20-11-06 £1580

23-11-06. £1076 offered.

4-12-06 - LBA

Won-£1580 14-12-06

MBNA

19-10-06 - S.A.R Letter

20-11-06 Prelim

WON-£4010

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Edmonton County Court IS PROCEEDING with my Credit Card claim, which has been allocated to the small claims track.

The hearing is scheduled for 7 December 2007.

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I've received a response to my application to lift the stay on my claim in Cardiff CC:

 

My application was refused.....oh what a surprise.....I'm totally gutted...

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

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:

6. Bath County Court Have made orders for banks to stop charges until test case result

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

 

32. Luton County Court Have made orders for banks to stop charges until test case result

 

...... And, I wonder, HAVE the banks stopped charging?

 

Here's an update on Scotland:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/114533-no-stays-sists-scotland.html


Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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...... And, I wonder, HAVE the banks stopped charging?

 

Here's an update on Scotland:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/114533-no-stays-sists-scotland.html

 

 

I take it that was sarccastic, but of course they haven't I've been charged at least £100 in the last 2 months for 'exceeding' my overdraft limit!

 

I got a bit lost in that thread, but the first page stated Leeds Combined was not staying cases. Can anyone tell me if this is still the case? I might go ahead with filing if so. :)

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...... And, I wonder, HAVE the banks stopped charging?

 

Here's an update on Scotland:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/114533-no-stays-sists-scotland.html

 

If they are applying charges on cases where they've been ordered not to, they can be held in contempt of Court!

 

Any claimants that have this order and have been subsequently charged, should be informing the Court immediately.


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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...... And, I wonder, HAVE the banks stopped charging?

 

Here's an update on Scotland:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/114533-no-stays-sists-scotland.html

 

nope, been charged another £95 this month. It was the same last month.... but i'm not a financial hardship case apparently???

maybe i will be when me and my 10 month old son get thrown on the street for not paying my mortgage!!


Barclays hearing 30th Aug 07 - now Barclays pay Feb 09!!

Twitter - @monkeymax

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Southend County Court has stayed all claims, howvever i put in my N244 form and have a hearing next tuesday (25th Sept 07). i confirmed with the courts yesterday that this is still the case. So looks like southend are responding to N244's.

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Blackburn court staying all claims, even credit card and business accounts.

 

They said as long as it says 'bank charges' on the POC it will get stayed.

 

This now leaves me with the option of issuing the claim and risking waiting or applying for a stay set aside and maybe getting statement interest or passing to the FOS and still wait around 5 months, but get only stat 8% interest.

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:smile: Called Reading County Court and so far the ship is still sailing- Due in Court on the 1st of Oct. Spids for Marian

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List updated next page

 

 

I had a court date for 1st October and Barnet County Court has written to say they are staying all cases. I just thought it was pointless to apply to them to lift the stay seeing as their tone was so uncompromising but perhaps I should have. Should I still send off my court bundle in the meantime or just wait until some decision (presumably in our favour) has been made?

 

I

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Good luck for the 1st Spidy Em

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Shrewsbury county court staying all cases on orders of the judges.

 

Jessica'smum

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I have a case against Cap One for credit card charges. I returned my AQ by the deadline on 6th August, but judge gave Cap One an extra month. They missed the second dealine, but when the case went back in for the judge to make a further order, he made this instead-

 

Before Disctrict Judge Sheratte sitting at Ilford COunty court etc etc

 

Upon the court being aware that the test case has been commenced in the high court (claim no. 2007 Folio 1186) dealing with the issues in this case:

 

IT IS ORDERED THAT

 

1. The Claim be stayed pending application to retore the claim by either party

 

2. As the court has made this order on its own initiative without a hearing or giving both parties an opportunity to make representations. You the claimant being a party affected may apply to have it set aside varied or stayed by application to be made not more than 7 days after the date on which this order was served upon you.

 

 

 

 

Cap One have even not asked for a stay as they know, like I know that the test case has F all to do with credit cards.

 

My other case at Ilford was filed on the same day against HSBC and has followed same timeframe almost exactly to the day. Issued same day, 2 acknowledgements on same day, 2 defences on same day, 2 AQ sent out to me and due to be returned on the same day. Both cases are the same story in that my AQ was returned on time, they gave both Cap One and HSBC an extra month cos they didn't return theirs. But on HSBC one for bank charges it went in before a different judge who made an order to strike out the defence if they had not returned all documents within 14 days.

 

Shows what a shambles the whole situation is, when 2 judges make different judgements in the same court within 2 days. They stay the credit card claim and let the bank charges claim go on!

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Hi rr

 

Bad news for me - I'm about to file a claim against Cap 1!

 

The whole Court system is indeed a shambles at present, as far as reclaiming charges is concerned. Where IS the consistency and justice that we are all entitled to? The 'powers that be' should be totally ashamed of themselves!

 

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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Hi everyone,;)

I have 1 credit card claim with Halifax .I sent letter refusing their offer and 2 Barclaycard ones also with poor offers. MY local court is ALTRINCHAM .I don't know whether to file an NI there ,OR MCOL.I have read such a lot about everyones experiences at their local court, it's a bit scary!!

The credit cards should not be affected as I understand it, but some are!

Would I stand a better chance at a local court?

Any advice would fantastic. Good Luck everyone, Pinada Golf lady

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You would be better off with the FOS. No fees and No stays, and u can still go to court if it fails.

 

(Credit cards)


[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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Since when, Techspec? All FOS complaints are being filed only until the OFT TC is complete! (I have one pending with Bank of Scotland)


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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Sorry about that - I was anwering the post above re credit cards, but should have quoted. I have made ammendments.

 

I meant credit card claims are still proceeding. They are handling mine.

 

Whereas my credit card claim in the courts has been stayed.


[COLOR=#2e8b57][B][SIZE=1][U]Claimed & won so far[/U]:-[/SIZE][/B][/COLOR] [COLOR=#2e8b57][SIZE=1][COLOR=seagreen][U]Banks[/U]:- NatWest Personal £1000, Natwest Business £2000, Lloyds TSB Personal £1500, [U]Mortgages[/U]:-Central Capital (PPI) £500, Natwest MEAF £140 [/COLOR][COLOR=#2e8b57][U]Credit cards[/U]:- HSBC Gold card £365, Capital One £599.55 Barclaycard £1070 ( i only aske for £700) , Lloyds £500 [U]Catalogues[/U]:- Littlewoods Direct Flex Account £60 :D [/COLOR][/SIZE][/COLOR] [COLOR=#2e8b57][SIZE=1][B][U]For Friends[/U][/B]:- Natwest £1500, £1800 & £500, Cap One £600, Barclaycard £400, Solutions £100, Aqua, £105.[/SIZE][/COLOR] [COLOR=#2e8b57][B][U][SIZE=1][COLOR=seagreen]Pending:-[/COLOR][/SIZE][/U][/B] [COLOR=seagreen][SIZE=1]Barclays Bank Personal (On hold - Thanks a lot OFT) :mad:.[/SIZE][/COLOR][/COLOR]

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I filed 2 claims that both got stayed that have sweet F all to do with 2007 Folio 1196. 1 is a business claim thus is not covered by the UTCCR's and 1 is a claim against American Express for £58.08 of credit card charges and over £2k of damages for various other problems incurred.

 

AND blood Manchester County Court stayed the cases. Applied for the stays to be removed. Will have to wait and see.


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

:!: All the information I impart is my advice based on my experience. It does not constitute professional advice. If in doubt, always consult with a professional. :!:

 

:-) If you feel my post has been helpful, please click my scales. :-)

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Thankyou and Hi TECHSPEC,

I think the Financial Ombudsman, is that who you mean? is probably the safest route and cheapest ,if the longest!!!

Is there a template form available to help fill in credit card claims with the F.O.,please? Many Thanks ,pinadagolf lady:)

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