FLYNN v LLOYDS STAY REQUEST HELP!!

[kf101]

Hi

I have a court date for the 19th of September and today is the 14 day deadline to get all court bundles in to all parties. I submitted mine a few weeks ago but as of today have received NOTHING from Lloyds whatsoever. I called the court to ask if they had received their bundle from Lloyds but they have not. They told me that a request to STAY was received by them from Lloyds today and that the judge will be considering it. I've been dealing with this case since January of this year and finally thought that it would be over in a couple of weeks! Any advise please on what to do now? I'm feeling so so desperate! Please help!

[TBeckett100]

fax them a letter using a similar lines to what I have said on the beckett v lloyds thread. if you dont have a fax, you may be able to email them. i set up a free trial fax account with my fax because i felt better knowing i had put my case across.

[fzrkitten]

Hi,

 

You can check here for advice on stays - hope it helps. ~~## Stays info and guidance ##~~

 

 

Regards,

 

Fzrkitten.

[kf101]

I'm still unsure of what to do. I have not been notified by letter from the court or Lloyds yet. I was only told by a clerk at the court that a letter had been received. Will I receive a letter from Lloyds or the bank telling me about the stay or will I find out on the day of the hearing? Which letter should I use and do I pre-empt this by sending one of the listed letters to the judge before I have officially been notified?

Again, help please!

Thanks

[fzrkitten]

If you scroll down to zoot's post on that thread, there is a letter objecting to a stay that has been requested but not yet granted. You ay you know lloyds have requested a stay, so could fax this across to the court as soon as possible.

 

Make sure you alter it if needed and put in about your own situation, e.g. financial hardship if you think it's relevant or that SC&M are already in breach of an order etc.

 

Regards,

 

Fzrkitten.

[kf101]

I copied the letter and changed details and as I don't live so far from the court so I took it round in person. The clerk told me that the judge has been granting stays very frequently and a couple have been let go to trial. She also told me that they had been instructed to do this from senior judges. I said that I thought it was a decision for the individual judge and not a ruling but she told me no! She also informed me that the banks have won a few cases which i again questioned stating that if they had won the cases then why have the OFT started a test case? She has been very very confusing to me. If this is the mind of knowledge of the courts system then what hope have any of us got to get it right? All that I have read and understood from the site and you guys and what the lady told me has left me v v v confused! I hope that I did the right thing!

[kf101]

Just got the letter from Lloyds this morning telling me that they have asked the court for a stay.

They ask me to agree in writing to this. Obviously I don't. So do I write and tell them this or do nothing and wait for the judges decision? Will he write to me before the hearing (19th Sep) or tell me his decision on the day?

Please help!!

Thanks

[fzrkitten]

Hi,

 

You need to object to the stay, using the template I said before, and have a look at hadyanth's thread to see what he brought up in court today regarding stays.

 

hadyanth vs Lloyds TSB - Goodbye fingernails...

 

It's a good read and good advice.

 

Also, yes the banks won a couple of cases, mainly where the claimants either didn't turn up, or didn't submit the correct information, or enough information. If you do as much as you can and read read read from this site, you will be fine.

 

Object to your stay by sending a letter to the courts as this won't cost you, using the template advised, and advise SC&M you do not agree with the stay. Also phone the court and see if they are staying cases anyway, or if yours is going ahead. Some judges are advised by senior judges to stay cases, but other courts are still going ahead. hadyanth won today in principle, so there is hope!

 

BW,

 

Fzrkitten.