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Attended my preliminary hearing at Glasgow Sherriff Court today in my pursuite of a refund of charges from the Bank of Scotland. The bank sent legal representation who argued for a stay. The Judge however offered myself and another chap the choice of a stay or pushing ahead. The judge then advised me that the bank could in event of my losing my case pursue me for costs, which could amount to 1000's. I asked for 1 week to decide as I had no legal advice.

 

Does anyone know how I should proceed?

 

nellyd23

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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.

I am Hoping that this list will help in our argument to have stays set aside, by demonstrating to judges that (at the moment) the majority of courts are continuing with claims on a case by case basis, which is a fair and just way to continue.

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.

I also hope to raise the awareness a bit, it may give us all a bit of hope if anyone was fearing the banks letters were right saying all cases were stayed when in fact they werent.

 

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal with current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Aldershot & Farnham 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. Caernarfon County Court,

7. Chichester County Court,

8. Clerkenwell and Shoreditch County Court,

9. Croydon County Court,

10. Gloucestershire Family and Civil Courts,

11. Grantham County Court,

12. Hitchin County Court,

13. Hull County Court,

14. Ipswich County Court,

15. Keighley County Court,

16. Kettering County Court,

17. Lancaster County Court,

18. Leeds Combined Court Centre,

19. Liverpool Civil and Family Court,

20. Medway County Court,

21. Milton Keynes County Court,

22. Newcastle County Court,

23. Northampton County Court,

24. North Shields County Court,

25. Norwich County Court,

26. Oxford Combined Court Centre,

27. Romford County Court,

28. Salford County Court,

29. Scun.thorpe County Court,

30. Slough County Court,

31. St.Helens County Court Merseyside

32. Stoke-on-Trent Combined Court,

33. Sunderland County Court,

34. Thanet County Court,

35. Warrington and Runcorn County Courts,

36. Watford County Court,

37. Wellingborough County Court,

38. Welshpool and Newton County Court,

39. Weymouth and Dorchester Combined Court Centre,

40. Woolwich County Court,

41. Worcester County Court,

42. Wrexham Count Court,

43. York County 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, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Altrincham County Court,

2. Ashford County Court,

3. Barnsley County Court,

4. Bournemouth County Court,

5. Bury County Court,

6. Carlisle Combined Court Centre,

7. Chester County Court,

8. Derby Combined Court Centre,

9. Hastings County Court,

10. Mansfield County Court,

11. Morpeth and Berwick County Court,

12. Redditch County Court,

13. Rotherham County Court,

14. Scarborough County Court,

15. Sheffield Laws Courts,

16. Stockport County Court,

17. Wandsworth County Court,

18. West London County Court,

19. Winchester Combined Court,

 

All the below courts have said ALL cases will be stayed, whilst the outcome of the test case is decided this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Birkenhead County Court,

2. Blackpool County Court,

3. Bolton Combined Court Centre,

4. Bradford County Court,

5. Brighton County Court,

6. Canterbury Combined Court Centre,

7. Cardiff Civil Justice Centre,

8. Chorley County Court,

9. Doncaster County Court,

10. Exeter Combined County Centre,

11. Gateshead County Court,

12. Guildford County Court,

13. Halifax County Court,

14. Leicester County Court,

15. Luton County Court,

16. Maidstone Combined Court Centre,

17. Nottingham County Court,

18. Oldham County Court,

19. Peterborough Combined Court Centre,

20. Plymouth Combined Court,

21. Poole County Court,

22. Preston Combined Court Centre,

23. Rhyl County Court,

24. Rugby County Court,

25. Southend County Court,

26. Taunton County Court,

27. Telford County Court,

28. Torquay and Newton Abbot County Court,

29. Weston-Super-Mare County Court,

 

The situation at the below is still unclear:

 

1. Aberdare County Court,

2. Aberysthwyth County Court,

3. Accrington County Court,

4. Aylesbury County Court,

5. Banbury County Court,

6. Barnet Civil and Family Courts Centre,

7. Barnstaple County Court,

8. Barrow-in-Furness County Court,

9. Basildon Combined Court,

10. Basingstoke County Court,

11. Bath County Court,

12. Bedford County Court,

13. Birmingham Civil Justice Centre,

14. Blackwood County Court,

15. Bodmin County Court,

16. Boston County Court,

17. Brecon Law Courts,

18. Brentford County Court,

19. Bridgend Law Courts,

20. Bromley County Court,

21. Burnley Combined Court Centre,

22. Burton-upon-tweed County Court,

23. Bury St Edmonds County Court,

24. Buxton County Court,

25. Cambridge County Court,

26. Carmarthen County Court,

27. Central London County Court,

28. Chelmsford County Court,

29. Cheltenham County Court,

30. Chesterfield County Court,

31. Colchester County Court,

32. Consett County Court,

33. Conwy and Colwyn County Court,

34. Coventry Combined Court Centre,

35. Crewe County Court,

36. Croyden County Court,

37. Darlington County Court,

38. Dartford County Court,

39. Dewsbury County Court,

40. Dudley County Court,

41. Durham County Court,

42. Eastbourne County Court,

43. Edmonton County Court,

44. Epsom County Court,

45. Evesham County Court,

46. Gravesend County Court,

47. Great Grimsby Combined Court Centre,

48. Harlow County Court,

49. Harrogate County Court,

50. Hartlepool County Court,

51. Haverfordwest County Court,

52. Haywards Heath County Court,

53. Hereford County Court,

54. High Wycombe County Court,

55. Horsham County Court,

56. Huddersfield County Court,

57. Huntingdon County Court,

58. Ilford County Court,

59.Kendall County Court,

60. Kidderminster County Court,

61. Kings Lynne County Court,

62. Kingston-upon-Thames County Court,

63. Lambeth County Court,

64. Leigh County Court,

65. Lewes Combined Court Centre,

66. Lincoln County Court,

67. Llanelli County Court,

68. Llangefni County Court,

69. Lowestoft County Court,

70. Ludlow County Court,

71. Macclesfield County Court,

72. Manchester County Court (Crown Square)

73. Manchester County Court (Deansgate)

74. Melton Moybray County Court,

75. Merthyr Tydfil Combined Court Centre,

76. Middlesbrough County Court,

77. Mold County Court,

78. Neath and Port Talbot County Court,

79. Nelson County Court,

80. Newark County Court,

81. Newbury County Court,

82. Newport (Gwent) County Court,

83. Newport (Isle of Wight) County Court,

84. Northwich Magistrates and County Court,

85. Nuneaton County Court,

86. Oswestry County Court,

87. Penrith County Court,

88. Penzance County Court,

89. Pontefract County Court,

90. Pontypool County Court,

91. Pontypridd County Court,

92. Portsmouth Combined Court Centre,

93. Rawenstall County Court,

94. Reading County Court,

95. Reigate County Court,

96. Salisbury Crown and County Court,

97. Shrewsbury County Court,

98. Skegness County Court,

99. Skipton County Court,

100. South Sheilds County Court,

101. Southampton Combined Court Centre,

102. Southend County Court,

103. Southport County Court,

104. Southwark County Court,

105. St Albans County Court,

106. Stafford Combined Court Centre,

107. Staines County Court,

108. Stourbridge County Court,

109. Stratford-upon-Avon County Court,

110. Swansea Civil Justice Centre,

111. Swindon Combined Court,

112. Tameside County Court,

113. Tamworth County Court,

114. Teesside Combined Court Centre,

115. Trowbridge County Court,

116. Truro County Court,

117. Tunbridge Wells County Court,

118. Uxbridge County Court,

119. Wakefield County Court,

120. Walsall Hearing Centre - County Court,

121. Warwick Combined Court Centre,

122. Whitehaven County Court,

123. Wigan County Court,

124. Willesden County Court,

125. Wolverhampton Combined Court Centre,

126. Workshop County Court,

127. Worthing County Court,

128. Yeovil 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

  • Haha 1

:madgrin:

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Portsmouth Combined Court Centre stayed my case a few days ago until 2nd January 2008, citing OFT test case.

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Attended my preliminary hearing at Glasgow Sherriff Court today in my pursuite of a refund of charges from the Bank of Scotland. The bank sent legal representation who argued for a stay. The Judge however offered myself and another chap the choice of a stay or pushing ahead. The judge then advised me that the bank could in event of my losing my case pursue me for costs, which could amount to 1000's. I asked for 1 week to decide as I had no legal advice.

 

Does anyone know how I should proceed?

 

nellyd23

 

Nellyd23,

 

This seems to be a unique situation i think. In all the reading on these forums i have done i haven't come across a situation where a judge has advised a claimant that in the event of them losing could be charged £1000s!

I thought if u lost, u just would get your money and the court costs?! Start a new thread and hopefully some of the very helpful people on here can advise you.

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Mine is at Hitchin CC and Judge Willers has stayed my case pending outcome of test case - so why some cases at hitchin and not others????..weird :confused:


Prelim sent 10 April - Nothing received :rolleyes:

LBA sent 24th April - Nothing received :rolleyes:

Issued Court Claim 10th May - Pending :rolleyes:

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wingnutta it seems some judges are making a distinction between cases which were very close to their final hearing date, and those which had only been issued around the time the test case was announced...it could be something like that

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ah fair enough juicyd - mine has only recently gone to the court anyway...


Prelim sent 10 April - Nothing received :rolleyes:

LBA sent 24th April - Nothing received :rolleyes:

Issued Court Claim 10th May - Pending :rolleyes:

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Mine was in Durham court on Weds and was stayed although she did seem very reluctant!

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Aylesbury update

 

had a letter - on courts own iniative case stayed- I appealed usingN244 form - today I have been asked to send signed copy of POC and appear at original hearing date -

 

jan


Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Dartford County court has issued 2 stays to me - one for my HSBC Bank Account and one for Monument Credit Card.

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Southampton Combined Court have issued me a stay on my claim until january.

 

I have settled with abbey but my letter to the court advising of this must have crossed in the post.

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Maidstone County Court has said Judge Millwood has ordered stays on all claims, including credit cards, until outcome of test case. I have 3 claims in the court, and waiting to recieve notification of the stays, then i will send in the letter in the templates library.What happens if the letter is ignored? Does anyone know how we would stand legally, as it would be affecting our human rights, to ignore it.

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I have just spoke to Canterbury Court and they are staying all cases are still going forward. As with Ashford Court the woman said all cases are still going to their hearings but they will all be stayed. Looks like it is a fight on my hands to try and not get a stay on my case then there ;) will get back to you as they are on 15th and 16th respectively.

 

keep me uptodate I am also waiting from canterbury court ! Perhaps we should have applied to oxford or maidstone !

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Chester Court has stayed my date (26th Sept) but have not had any info on my sons case due 5th Sept, can someone point me to the appeal letter for the stay?

Thanks - Frankiechill


[sIGPIC][/sIGPIC]

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My son's date has also been stayed, just got it in the post

...And upon reading the papers in the present action

 

And upon it appearing that the issues raised in the present action are the same or similar to some or all of those raised in to the proceedings

 

And upon it appearding to the court to be jusy to stay the present action until the outcome of the proceedings is knon

 

It is ordered that:-

1) The claim be stayed forthwith pending ultimate determination of the proceedings

2) The trial date fixed for 5th sept be vacated

3) permission to either party to apply on notice to lift the stay in accordacne with CPR 1998 part 23

4) The stay be without prejudice to any negotiation between the parties to settle the action

5) Unless the court has given directions in the meantime, the defendant shall within 28 days of the final determination of the proceedings apply on notice for directions.

 

I am getting more worried about this whole ordeal as it's going right over my head, can someone please tell me what do i do next? and what does this letter actually mean in plain english?


[sIGPIC][/sIGPIC]

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Just spoke to Lisa at Gloucester County Court and it looks like blanket stays on all new claims and any that go before them that already in the system...joy


DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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Its becoming a postcode lottery, just like the health service & schools.


[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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All the below courts have said ALL cases will be stayed, whilst the outcome of the test case is decided this affects current account claims, CREDIT CARD CLAIMS ARE STILL AS NORMAL REGARDLESS OF THE TEST CASE:

 

1. Birkenhead County Court,

2. Blackpool County Court,

3. Bolton Combined Court Centre,

4. Bradford County Court,

5. Brighton County Court,

6. Canterbury Combined Court Centre,

7. Cardiff Civil Justice Centre,

8. Chorley County Court,

9. Doncaster County Court,

10. Exeter Combined County Centre,

11. Gateshead County Court,

12. Guildford County Court,

13. Halifax County Court,

14. Leicester County Court,

15. Luton County Court,

16. Maidstone Combined Court Centre,

17. Nottingham County Court,

18. Oldham County Court,

19. Peterborough Combined Court Centre,

20. Plymouth Combined Court,

21. Poole County Court,

22. Preston Combined Court Centre,

23. Rhyl County Court,

24. Rugby County Court,

25. Southend County Court,

26. Taunton County Court,

27. Telford County Court,

28. Torquay and Newton Abbot County Court,

29. Weston-Super-Mare County Court,

 

HALIFAX CC have now put a blanket stay on CREDIT CARD CLAIMS.


[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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List updated below

 

St Albans County Court staying ALL bank charges cases

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ammani, i received same letter off same judge, he decided to stay the cases. Ive already filed for stay to be removed, and was informed that it couldnt hurt to do this, but they havent had any requests for this to be done yet. It has now got to go to the judge, to decide if it will just be removed or there will be a hearing to decide to remove it.

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HI littleshrimp,

 

thanks for that. I will be doing the same thing. I am hoping someone on here can let us know how we stand legally, as if the stays are not lifted, after sending in appropriate letter, then this contravenes our human rights. Good luck with your claims.

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Weymouth and Dorchester combined are now doing blanket stays, recieved two letters from court today one for daughter, one for me. Both stating the same.


All advice given is without any liability and has been picked up from my own experiences.

Never give up hope - Life is to short.

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Guys, Morpeth and Berwick appears to have dropped off the list? (The Court is still there - I've just been! ;) )

 

Anyway, they are applying stays where formal applications have been made and notice given to the Claimant - if this hasn't happened, and claims are in the next few days, they probably won't be stayed.

 

Do you have a section for applying stays, but not applying them at the same time? :D


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?

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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.

 

 

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Hi Guys - just spoke to Edmonton County Court today and a lovely lady told me NO BLANKET STAYS! All cases being judged individually. Get your paperwork, Bundles and Stay replies up to date and ship shape and orderly to impress the nice judge and smack the crappy 4 line defences of most banks out of the ground.

 

Cheers

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Hey Millem, good to see another Edmonton wallah, thanks for that good news

 

I got my two court dates this week, my NW one only today in the same post as Cobbetts letter asking for a stay

 

Am i right to think that if a person has a court date already, the earliest the stay will be considered will be on the court day and all person need do is take his argument against the stay along with all his other paperwork?

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