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i was due to 'win' my case v NatWest at wigan county court as they did not respond before the deadline set by the judge, then i received a letter from nat west saying they were staying until the outcome of the OFT, which was confirmed by the judge!! how can they state that if a bank does not respond before the deadline the claimant will win, then go back on this?

 

 

It looks as though the banks own the courts.

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i was due to 'win' my case v NatWest at wigan county court as they did not respond before the deadline set by the judge, then i received a letter from nat west saying they were staying until the outcome of the OFT, which was confirmed by the judge!! how can they state that if a bank does not respond before the deadline the claimant will win, then go back on this?

 

Yup. Life sucks!

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:!: 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. :!:

 

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i was due to 'win' my case v NatWest at wigan county court as they did not respond before the deadline set by the judge, then i received a letter from nat west saying they were staying until the outcome of the OFT, which was confirmed by the judge!! how can they state that if a bank does not respond before the deadline the claimant will win, then go back on this?

 

Try using that argument the next time a Bank takes YOU to Court and see how far you get!

 

The word "injustice" doesn't cover it.

 

The Judge may have saved you some money though, as if he had heard the case and the Bank appealed you may have been liable for their costs... Little consolation, I know...

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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Just got back from my Case Management Conference at BRECON LAW COURT (BRECKNOCK COUNTY COURT) (judge, barrister on behalf of Barclays and myself!) and the judge had decided on a stay before the barrister produced a draft order for a stay.

NMA:

I believe in justice

I believe in vengeance

I believe in getting the b****rd

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North Shields court me V LLOYDS stayed until after the big meet in the new year:mad: :( The D.D.J. would not accede to any of the points raised to the "OBJECTION OF THE STAY" "argument , in particular the "CONDITIONAL ORDERS" (19) arguments, as in my submission for my claim, in the main points to argue Para 3 "BREACH OF CONTRACT" I/WE admit to a "BREACH OF CONTRACT". The banks submit in their defence charges are not related to "BREACH OF CONTRACT".Therefore the D.D.J. ruled because of my/our admittance to the breach he could not and would not accede to any of the "CONDITIONAL ORDERS" preventing the bank from taking further Legal business decisions against my accs.Therefore in my opinion the "ARGUMENTS" in the "OBJECTIONS TO A STAY" or the "BREACH OF CONTRACT" (3) re the main claim are FLAWED and one or the other has to be recanted. Could one of the Legal Eagles/Mods etc.have a look, we have to convince the judges with sound argument.

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Walsall County Court are not staying Credit Card claims, if thats of any use to anyone. Natwest tried to saty my CC claim, I faxed a letter objecting, the Court actually phoned up Natwest solicitors to ask them if they were sure they wanted a stay because CC cards were outside the OFT remit and the judge wasn't going to grant it anyway. Turns out Cobblers didn't want a stay in the first place, my CC claim had got mixed up with the bank charges claims and the stay letter was sent to the court by accident.

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Walsall County Court are not staying Credit Card claims, if thats of any use to anyone. NatWest tried to saty my CC claim, I faxed a letter objecting, the Court actually phoned up Natwest solicitors to ask them if they were sure they wanted a stay because CC cards were outside the OFT remit and the judge wasn't going to grant it anyway. Turns out Cobblers didn't want a stay in the first place, my CC claim had got mixed up with the bank charges claims and the stay letter was sent to the court by accident.

 

 

If they have applied for a stay on a credit card claim they are in breach of the waiver conditions. We are currently collating evidence on the breaches by banks of the waiver conditions. If you would like to contribute please send details to [email protected]

 

Thanks

 

Zoot :)

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Eastbourne CC now staying all bank charges cases - if you attend court mention costs and judge should award travel & loss of earnings.

Halifax Bank - Owed £1599

23/3 - Data Protection Act sent

24/5 - Data Protection Act finally arrived

25/5 - Demand for repayment sent

04/10 Court bundle filed with court and Halifax

29/10 STAY ISSUED

JAN 08 - Currently being harrased by debt collectors!

Mar 08 - New DCA - Stopped in there tracks

Jun 08 - And another

Jul 08 - Complaint made to HBOS

Nov 08 - My accounts been sold to a DCA

Jan 09 - New complaint issued against HBOS

Mar 09 - Halifax re-aquired the debt

Apr 09 - Applying for Hardship.

 

at least they removed 2 defaults in selling accounts! :D

 

I dont not claim to know everything and any advice i give should be treated as MY opinion.

 

If ive been helpful tip the scales!

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Hi,

I am new to all this but need some help from a kind person please?! I am trying to claim bank charges from Halifax and they are being most un-helpful! I put the claim in to the moneyonline website (was charged 60 quid!) and have to my surprise found out that the county court it went to was Northampton. I have received a few letters back and it looks like Halifax legal reps are defending it. Today I got a letter from the court that says this:

Before district judge xxx

Sitting at Northampton County Court

Without hearing

It is ordered that: 1. following the filing of a defence or holding defence the claim shall be stayed pending judgement in the Office of Fair Trading test case

2. Liberty to apply with an explanation.

 

Then something about any party affected by this order may rule under rule 3.3(5) to have it set aside or stayed or varied within 14 days.

 

PLEASE can someone tell me what this all means and how to I go about getting my money from Halifax scallywags?

Many Thanks

 

Webby

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hi webwitch and welcome to cag if you start a thread here

http://www.consumeractiongroup.c o....bank-scotland/

you will get the help and advice you need

 

 

A-Z Index

 

 

 

 

 

 

 

HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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Hi there all,

 

I have got my claim moved to my local court Leeds but they have placed a stay on this until outcome of OFT and I have to respond by Friday if I want to apply for it lifted ?

 

Can anyone recommend ???

Do is send application for stay to be lifted or is this pointless ?

 

Joob

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Brentford CC have handed down an order that an order to have a stay lifted be dismissed, a reasonable judge deemed that as the test case would be heard in January/Feb 2008 that we wait. I asked that if by March I had heard nothing could I re apply to have the stay lifted again, she didn't seem to think that would be a problem.

 

Oh well more time to concentrate on my myriad of CC claims!!

 

 

:cool:

 

BJ

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Been away for a while had a few little things to deal with, 1 being few problems with interenet connection, followed by our wedding then honeymoon.

 

Will get this list updated as soon as i get chance, although from what i have seen things look bad

:madgrin:

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Brentford CC have handed down an order that an order to have a stay lifted be dismissed, a reasonable judge deemed that as the test case would be heard in January/Feb 2008 that we wait. I asked that if by March I had heard nothing could I re apply to have the stay lifted again, she didn't seem to think that would be a problem.

 

Oh well more time to concentrate on my myriad of CC claims!!

 

 

:cool:

 

BJ

 

From what I've seen, this is a waste of effort unless you have specific hardship issues that effect you personally. Even then you aren't guaranteed to have the stay lifted.

 

Credit Card Claims are being (wrongly!) stayed as well, so you may have this issue there too!

 

:rolleyes:

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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CONGRATULATIONS ICY:) some things take priority!

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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Judge Hawksworth QC at Halifax County Court still insists that credit card cases be stayed.

 

Any applictation to have it removed will be rejected on the grounds that bank charges and credit card charges are similar.

[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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