MCOL UPDATE - Urgent Must Read

[ohare7707]

Hello fellow claimers,

 

Just spoke to a lady by the name of Sue at MCOL who has informed me that as of Monday 13th August 2007, any bank claims submitted through the online system will automatically be stayed, and not even transferred to the claimants local county court. She then advised that once a judgement has been made in the test case, it will be down to the individual claimants to have there claim taken forward as this will not be done automatically. (Basically it will be put in a box and forgotten about until someone says something)

 

:?: Couple of questions: - :?:

 

1: Has anyone else heard of this?

2: Would submitting this to my local county court on paper potentially avoid this automatic stay?

3: If I appeal against any stay and I am successful in getting it lifted, would the bank then be liable to cover my £35.00 admin fee?

[Michael Browne]

1: Has anyone else heard of this?

Yes, MCOL are saying that, as of yesterday, all claims that have been defended will automatically be stayed and held by MCOL until the conclusion of the OFT case.

 

You can still submit a claim via MCOL, however all claims will be automatically stayed after the banks have entered a defence and held at MCOL and not transferred to the local courts.

 

Should the banks miss the deadline to acknowledge or defend then judgements can still be applied for and will be awarded.

 

2: Would submitting this to my local county court on paper potentially avoid this automatic stay?

Possibly, it is still up to individual courts, but most are applying the stay

 

3: If I appeal against any stay and I am successful in getting it lifted, would the bank then be liable to cover my £35.00 admin fee?

No, you can't reclaim an application fee

[adamc6671]

Michael - I just wonder if this is important enough to merit an 'announcement' - its probably going to affect a huge number of people?

 

Best regards - Adam

[Michael Browne]

Just been done, here:

http://www.consumeractiongroup.co.uk/forum/general/110540-all-mcol-claims-automatically.html

[adamc6671]

Cheers - thanks Michael

[TECHSPEC]

Are they staying credit cards?

[Michael Browne]

21 August 2007

31/07

Courts in Northamptonshire stay all claims against banks

 

Her Honour Judge Hampton, the Designated Civil Judge for Northamptonshire, has approved the practice of the local District Judges relating to civil claims for recovery of bank charges, received by the courts in Northamptonshire. All such claims, received after 13th August 2007, will be stayed once a defence is filed, pending the outcome of the test case listed at the High Court. This includes all claims issued via Money Claim On Line.

 

This does not mean that claims have been dismissed, but that all relevant cases will be stored centrally at Northampton County Court pending the outcome of the test case. Bulk Centre cases will not be transferred to the appropriate local court , as would be normal, until a final decision has been reached in the test case.

 

Her Honour Judge Hampton said: “There has been an increasing number of cases in which bank customers are suing banks and other financial institutions for recovery of bank charges. These cases have been listed for hearing before the small claims courts. It is hoped that the legal issues to which the majority of these claims give rise, are now to be the subject of an authoritative decision in a test case to be heard by the Commercial Court sitting in London early next year. Accordingly, the Northampton judiciary have agreed that all such claims issued by Northampton County Court after 13th August 2007, once a Defence is filed, are to be subject to a general stay until after the test case has been finally resolved.

 

“Any litigant is entitled to apply to the court for the stay to be removed in their particular case. Each such application will be considered on its merits. However, it may be necessary to await the Commercial Court’s decision rather than risk inconsistent decisions, potential appeals and a significant waste of judicial resources and costs. All Claims in which directions have already been given will proceed, unless an application for a stay is made. Such applications will be dealt with on their merits.”

 

Note to Editors

1. The Deputy Head of Civil Justice wrote to all Designated Civil Judges, inviting them to consider staying outstanding claims, which would potentially be affected by the test case, on a case by case basis. Designated Civil Judges are the senior circuit judge responsible for a group of courts. S/he may agree arrangements with the district judges sitting at each individual court, taking into account the local situation and all the circumstances of the individual claim.

Media Releases - Courts in Northamptonshire stay all claims against banks

[adamc6671]

Hi All

 

Anyone any idea how likely it is that this ruling by a senior judge in Northamptonshire will spread like wildfire to other Counties?

 

Seems to me like its very likely! Will ring my local Court (Ipswich) tomorrow to see if its found its way there yet.

 

All the best - Adam.