Find out here if your local court is staying claims

[jomo]

It seems to me that the courts are likely to have a great deal of work to do in looking at applications to lift the stay of individual cases; and that claimants will have to dip into their pockets further to try to get some justice.

 

Perhaps there needs to be a test case to determine the validity of issuing a (blanket) stay on the reclaim bank charges cases.

 

jomo

[Micky the Hippo]

jomo, I think I'd call their litigation people and explain what's happened as they're presumably ready to settle, or were

 

you don't want them telling the judge than you refused settlement in full

[jomo]

Thanks MtH,

 

I do think I had good reason to turn down their offer - and I did explain these in the reply to SC&M - so I'm not particularly worried about explaining these in court.

 

I'm not sure about phoning SC&M - I think these things should be done by letter, and officially, not by phone. I can't think I'd be able to say anything more on the phone (and I'm not very good on the phone) than I said in my letter - but I will consider it. It might bring an end to this.

 

Thanks again

[car2403]

Perhaps there needs to be a test case to determine the validity of issuing a (blanket) stay on the reclaim bank charges cases.

 

jomo

 

Jomo,

 

Sorry to scupper your thoughts - in a nice way, of course!

 

Applying a stay to any claim, regardless of what it is for, is at the discretion of the Judge considering the application - there can only be a request to have the stay set aside if it wasn't heard as part of a hearing, (then it will be a request to set the order aside, rather than an appeal) or if the Judge has given leave to appeal his decision.

 

In my claim with NatWest, I asked for leave to appeal at the hearing and was told that it is within the Judges' discretion to award the hearing and leave to appeal was therefore refused.

 

I'm not sure if an appeal/request to set aside would work anyway - only cost you additional fees. (These £100, (appeal) or £35, (request to set aside) fees being unrecoverable, by the way!)

 

I'm not sure about phoning SC&M - I think these things should be done by letter, and officially, not by phone. I can't think I'd be able to say anything more on the phone (and I'm not very good on the phone) than I said in my letter - but I will consider it. It might bring an end to this.

 

Using the phone is fine, but you must document the conversation - name of person you're talking to, time of call, number called, etc - then follow up with a letter to the same effect to confirm anything agreed.

 

I've used this method with GMAC with success and it saves you having to wait for their response by return. Bear in mind they have thousands of claims, so paperwork gets lost/forgotten about - a ringing phone will always be answered though!

[gaz2006]

Ive got a case agianst GE Capital re my mortgage judge in Telfod has put a stay on why when its a mortgage case ?

I also have a case for business claim with Lloyds & Nat West stays given there and to cap it all Im helping a friend with a credit card claim guess what judge at Telford put stay on that too what is happening ????

Thought OFT didnt apply to credit card or mortgages or indeed business accounts any help links for appeal letter sin all cases helpful as everything seems to be grinding to a halt here .

Is it worth appealing and paying £35 in any of these cases as it seems judges giving stays on all charge claims whether its banks credit cards building societies or mortgages HELLPPPPPPPP

Regards Gaz

[jomo]

Having read the template provided on the "Stays info and guidance" thread at http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/108430-stays-info-guidance.html

I do think it might be worth applying to havea stay lifted.

 

I really don't believe each case is being considered individually. Clearly individual courts and judges are making blanket decisions.

 

jomo

[flyover]

Hi,

 

Cardiff County Court has stayed my case.

 

In a ' Bank Charges Letter ' attached to the Order ... the Designated Civil Judge for Wales " is anxious that parties to individual claims in Wales are not put to unnecessary costs until the outcome of the Commercial Court litigation is known."

 

This would seem to indicate a stay for all cases in Wales:confused:

[divagirl]

Hi

 

Oldham county court have stayed my claim,

 

It says...This order is made by the court of its own initiative. Any party affected by this order may apply pursuant to the Civil procedure Rules 1998, part3.3(5) to be it set aside, varied or stayed.

 

But also received a letter ( a few pages long ) from cobbetts basically saying they have applied for a stay (this letter arrived the same day as the county court one)

 

I just don't know if i should apply to have the stay lifted, I've got 7 days to get the N244 (which means 22nd August)

 

It sounds as though they've already made their minds up, as I've read a few posts that say certain courts are having all claims stayed.

mine included.

[thomass1949]

Hi everyone. I have just received a notification of allocation hearing for September from the Kingston-upon-Thames court. Yesterday I received a very patronising letter from Lloyds Solicitors stating that they were going to ask for a 'stay' due to the recent application for a ruling. They had been in default of returning their AQ and had had to have a nudge from the Judge. The letter was a 'churned out' copy with a poorly stamped signature. They recommended that I ' kept all correspondance as I would require it for the case when it did get heard and that I was to be rest assured that LLoyds would ensure that this did not effect my claim'. Cheeky b******. Condescending prats

[jomo]

divagirl,

 

If your letter is the same as mine it will have the following two paragraphs (or something similar):

 

Para. 4 :

"Either party may apply at any time, by application on notice in accordance with Civil Procedure Rules 1998 part 23, to lift the stay."

 

Para 5:

"Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this"

 

I take paragraph 4 to mean that you can apply to have the stay lifted "at any time".

 

I take paragraph 5 to mean that you can apply to have the order "set aside, varied or stayed", but this must be done within 7 days.

 

Having the stay "lifted", and having the order "set aside, varied or stayed" are two different things. Or so it appears to me.

 

jomo

[rose31]

Hull County Court has not stayed my claim, hearing date 1st October.

[divagirl]

Yeah para 4 is the same as yours

 

and para 5 is similar to mine

 

so because it says both things, which one do we go along with?

[jomo]

rose 31,

 

thanks very much for this - very interesting. It will help me in making my decision about applying for the stay to be lifted.

 

jomo

[TECHSPEC]

Ive got a case agianst GE Capital re my mortgage judge in Telfod has put a stay on why when its a mortgage case ?

I also have a case for business claim with Lloyds & Nat West stays given there and to cap it all Im helping a friend with a credit card claim guess what judge at Telford put stay on that too what is happening ????

Thought OFT didnt apply to credit card or mortgages or indeed business accounts any help links for appeal letter sin all cases helpful as everything seems to be grinding to a halt here .

Is it worth appealing and paying £35 in any of these cases as it seems judges giving stays on all charge claims whether its banks credit cards building societies or mortgages HELLPPPPPPPP

Regards Gaz

 

Most courts are accepting a letter, rather than the normal form, and do not expect you to send £35. Check with your court.

[jomo]

To be safe, if you want to apply to have the stay lifted, try to do it within the 7 days. But my interpretation of paragraph 4 is that either party can apply to have the stay lifted at any time.

 

Personally, I don't think paragraph 5 is about applying to have the stay lifted - it doesn't eben mention the word 'lifted'.

 

jomo

[JonCris]

The FSA has stated that hardship cases should proceed.

 

Therefore I suggest that everyone applying to have their stay lifted prepare a good skeleton argument based on the 'hardship' caused by the lender & or the DCA which they can then ambush the bank with on the day of the hearing.

 

Also don't forget if YOUR the defendant & ANY part of their claim includes penalty charges YOU can also apply for an immediate stay.

 

You can also ask the Court at that time to order the lender to stop processing your data & to stop imposing further penalty charges & interest until the OFT case is heard - whats good for the goose is good for the gander

[JonCris]

If your court has ordered a 'blanket stay' I strongly suggest that those suffering hardship or on benefits apply to have the stay lifted as their case should have gone foreward anyway

 

I refer in particular to those on benefits as their case will not be about the lawfulness of the banks charges but the fact that the banks have unlawfully taken benefits contrary to statute

[tifo]

Also don't forget if YOUR the defendant & ANY part of their claim includes penalty charges YOU can also apply for an immediate stay.

 

You can also ask the Court at that time to order the lender to stop processing your data & to stop imposing further penalty charges & interest until the OFT case is heard - whats good for the goose is good for the gander

 

as we are seeing, this is not the case.

 

everyone in relation to bank charges is against the consumer and we always have an uphill struggle with the smallest of things.

 

it's all about money. The banks make money, the FSA and FOS make money, even the Judges need to make money.

 

So what if the consumer doesn't make any money? Who really cares apart from us?

[car2403]

as we are seeing, this is not the case.

 

everyone in relation to bank charges is against the consumer and we always have an uphill struggle with the smallest of things.

 

it's all about money. The banks make money, the FSA and FOS make money, even the Judges need to make money.

 

So what if the consumer doesn't make any money? Who really cares apart from us?

 

I have to agree - even the mention of the injunctions against the banks applying further charges and continuing to process data unlawfully is falling on deaf ears.

 

The very discussion on injunctions was dismissed in my hearing because the Judge "didn't like infringing the freedoms of the parties to contract". He even went as far as saying that I should close my account with them if I didn't want to pay more charges. (Strange that as he awarded the case AGAINST the Bank in the end!)

[ICY]

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. Hull County Court,

12. Ipswich County Court,

13. Keighley County Court,

14. Kettering County Court,

15. Lancaster County Court,

16. Leeds Combined Court Centre,

17. Liverpool Civil and Family Court,

18. Medway County Court,

19. Milton Keynes County Court,

20. Newcastle County Court,

21. Northampton County Court,

22. North Shields County Court,

23. Norwich County Court,

24. Oxford Combined Court Centre,

25. Romford County Court,

26. Salford County Court,

27. Scun.thorpe County Court,

28. Slough County Court,

29. St.Helens County Court Merseyside

30. Stoke-on-Trent Combined Court,

31. Sunderland County Court,

32. Thanet County Court,

33. Warrington and Runcorn County Courts,

34. Watford County Court, NEW CLAIMS BEING STAYED

35. Wellingborough County Court,

36. Welshpool and Newton County Court,

37. Woolwich County Court,

38. Worcester County Court,

39. Wrexham Count Court,

40. 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. Aylesbury County Court,

4. Barnsley County Court,

5. Bournemouth County Court,

6. Bury County Court,

7. Carlisle Combined Court Centre,

8. Chester County Court,

9. Dartford County Court,

10. Derby Combined Court Centre,

11. Durham County Court,

12. Eastbourne County Court,

13. Edmonton County Court,

14. Grantham County Court,

15. Hastings County Court,

16. Hitchin County Court,

17. Mansfield County Court,

18. Morpeth and Berwick County Court,

19. Portsmouth Combined Court Centre,

20. Redditch County Court,

21. Rotherham County Court,

22. Scarborough County Court,

23. Sheffield Laws Courts,

24. Southampton Combined Court Centre,

25. Stockport County Court,

26. Wandsworth County Court,

27. West London County Court,

28. 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. Horsham County Court,

15. Leicester County Court,

16. Luton County Court,

17. Maidstone Combined Court Centre,

18. Nottingham County Court,

19. Oldham County Court,

20. Peterborough Combined Court Centre,

21. Plymouth Combined Court,

22. Poole County Court,

23. Preston Combined Court Centre,

24. Rhyl County Court,

25. Rugby County Court,

26. St Albans County Court,

27. Southend County Court,

28. Taunton County Court,

29. Telford County Court,

30. Torquay and Newton Abbot County Court,

31. Weston-Super-Mare County Court,

32. Weymouth and Dorchester Combined Court Centre,

 

The situation at the below is still unclear:

 

1. Aberdare County Court,

2. Aberysthwyth County Court,

3. Accrington County Court,

4. Banbury County Court,

5. Barnet Civil and Family Courts Centre,

6. Barnstaple County Court,

7. Barrow-in-Furness County Court,

8. Basildon Combined Court,

9. Basingstoke County Court,

10. Bath County Court,

11. Bedford County Court,

12. Birmingham Civil Justice Centre,

13. Blackwood County Court,

14. Bodmin County Court,

15. Boston County Court,

16. Brecon Law Courts,

17. Brentford County Court,

18. Bridgend Law Courts,

19. Bromley County Court,

20. Burnley Combined Court Centre,

21. Burton-upon-tweed County Court,

22. Bury St Edmonds County Court,

23. Buxton County Court,

24. Cambridge County Court,

25. Carmarthen County Court,

26. Central London County Court,

27. Chelmsford County Court,

28. Cheltenham County Court,

29. Chesterfield County Court,

30. Colchester County Court,

31. Consett County Court,

32. Conwy and Colwyn County Court,

33. Coventry Combined Court Centre,

34. Crewe County Court,

35. Darlington County Court,

36. Dewsbury County Court,

37. Dudley County Court,

38. Epsom County Court,

39. Evesham County Court,

40. Gravesend County Court,

41. Great Grimsby Combined Court Centre,

42. Harlow County Court,

43. Harrogate County Court,

44. Hartlepool County Court,

45. Haverfordwest County Court,

46. Haywards Heath County Court,

47. Hereford County Court,

48. High Wycombe County Court,

49. Huddersfield County Court,

50. Huntingdon County Court,

51. Ilford County Court,

52. Kendall County Court,

53. Kidderminster County Court,

54. Kings Lynne County Court,

55. Kingston-upon-Thames County Court,

56. Lambeth County Court,

57. Leigh County Court,

58. Lewes Combined Court Centre,

59. Lincoln County Court,

60. Llanelli County Court,

61. Llangefni County Court,

62. Lowestoft County Court,

63. Ludlow County Court,

64. Macclesfield County Court,

65. Manchester County Court (Crown Square)

66. Manchester County Court (Deansgate)

67. Melton Moybray County Court,

68. Merthyr Tydfil Combined Court Centre,

69. Middlesbrough County Court,

70. Mold County Court,

71. Neath and Port Talbot County Court,

72. Nelson County Court,

73. Newark County Court,

74. Newbury County Court,

75. Newport (Gwent) County Court,

76. Newport (Isle of Wight) County Court,

77. Northwich Magistrates and County Court,

78. Nuneaton County Court,

79. Oswestry County Court,

80. Penrith County Court,

81. Penzance County Court,

82. Pontefract County Court,

83. Pontypool County Court,

84. Pontypridd County Court,

85. Rawenstall County Court,

86. Reading County Court,

87. Reigate County Court,

88. Salisbury Crown and County Court,

89. Shrewsbury County Court,

90. Skegness County Court,

91. Skipton County Court,

92. South Sheilds County Court,

93. Southend County Court,

94. Southport County Court,

95. Southwark County Court,

96. Stafford Combined Court Centre,

97. Staines County Court,

98. Stourbridge County Court,

99. Stratford-upon-Avon County Court,

100. Swansea Civil Justice Centre,

101. Swindon Combined Court,

102. Tameside County Court,

103. Tamworth County Court,

104. Teesside Combined Court Centre,

105. Trowbridge County Court,

106. Truro County Court,

107. Tunbridge Wells County Court,

108. Uxbridge County Court,

109. Wakefield County Court,

110. Walsall Hearing Centre - County Court,

111. Warwick Combined Court Centre,

112. Whitehaven County Court,

113. Wigan County Court,

114. Willesden County Court,

115. Wolverhampton Combined Court Centre,

116. Workshop County Court,

117. Worthing County Court,

118. 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

[tifo]

He even went as far as saying that I should close my account with them if I didn't want to pay more charges.

 

Yes, but EVERY bank charges!

 

Did he not give you details of the bank that won't make a charge?

[tifo]

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:

 

3. Blackburn County Court, NEW CLAIMS BEING STAYED

 

Are ALL new claims being stayed or only those on personal current accounts?

 

That means business account claims and credit card claims are carrying on as normal?

[jansus]

The FSA has stated that hardship cases should proceed.

 

Therefore I suggest that everyone applying to have their stay lifted prepare a good skeleton argument based on the 'hardship' caused by the lender & or the DCA which they can then ambush the bank with on the day of the hearing.

 

Also don't forget if YOUR the defendant & ANY part of their claim includes penalty charges YOU can also apply for an immediate stay.

 

You can also ask the Court at that time to order the lender to stop processing your data & to stop imposing further penalty charges & interest until the OFT case is heard - whats good for the goose is good for the gander

 

 

Sorry is that in the original FSA statement or a new statement?

 

Because it would be useful to give the people on here who have genuine hardship situation the exact wording to use with the judge. It obviously did not work with "skintcumbrian"?

 

thanks

 

Jan

[Dougal16T]

Cases being stayed by Eastbourne County Court pending OFT result.

See my post re: my applications (2) for removal of stay - being heard at 10.00 am on Monday 20th August 2007.

I'll keep you posted!!!

Good luck to everyone......

Best wishes.

[JonCris]

Sorry is that in the original FSA statement or a new statement?

 

Because it would be useful to give the people on here who have genuine hardship situation the exact wording to use with the judge. It obviously did not work with "skintcumbrian"?

 

thanks

 

Jan

 

The FSA have stated, more than once in the media, since the advent of the OFT case that banks must adhere to the banking code & continue to deal with claims involving hardship