Barclays Motion To Stay

[PUMPKINPIPS]

Hello

 

What to do now????

 

"NOTICE OF ALLOCATION TO THE SMALL CLAIMS TRACK

 

BEFORE THE CLAIM IS LISTED FOR HEARING, THE JUDGE HAS ORDERED THAT A PRELIMINARY HEARING SHOULD TAKE PLACE :-

 

TO CONSIDER WHETHER THE CLAIM IS SUITABLE FOR A STAY"

 

 

Is there something I can prepare before the hearing?

[PUMPKINPIPS]

Just to add to the above -

 

I filed via MCOL about a week before the OFT case was announced.

[slick132]

Hi PKP's,

 

Could you post a brief history of your claim to date so peeps can follow your case and give best advice.

 

You should certainly read this - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Take 3 copies of the Stay objection letter with you to Court (1 copy for Court and one fro Barclays rep).

 

Slick

[slick132]

Also,

 

If your case is still with MCOL and not yet transferred to your local Court, it may be automatically Stayed.

[slick132]

Additionally,

 

Have a look here re. MCOL and Stays - http://www.consumeractiongroup.co.uk/forum/barclays-bank/110545-urgent-all-mcol-claims.html

 

This is one of the sticky's at the head of the Barclays forum.

 

Slick

[PUMPKINPIPS]

Slickwilly132

 

Thank you for your input. Basically my case was transfered from MCOL and passed on the the local courts. I was actually expecting, as I had been advised by the court, a court date and from what I have read here, I was definitely not expecting an additional hearing to consider a stay.

 

On a personal level, I feel somewhat irritated by this and this makes me even more determined to drag Barclays Bank into costing loss situation on this case no matter what the outcome (not hard in my case as the amount is not that big - but Barclays need a lesson in customer care).

 

Additionally, I feel that this is moving all to slowly. I started in June and still have not got to court.

 

Here's to the 2 October

[slick132]

PKP's,

 

"....far too slowly."

 

Damned right, others have been fighting these Bankers since way back.

 

Come back if you want any advice or have any for us.

 

Slick

[jansus]

hadyanth vs Lloyds TSB - Goodbye fingernails...

 

not sure if this applies but some interesting links on the last few pages

[slick132]

Thanks for the read, Jansus

 

PKP's,

 

So you have a Prelim'y Hearing on 2nd October. All you can do is attend with the anti Stay letter.

 

Hadyanth's case above differed in that specific Directions had been given before the OFT Case was announced. Good reading but not necessarily comparable to your case.

 

Head up, and fingers crossed though.

 

Slick

[PUMPKINPIPS]

Slick and Jansus

 

Thank you for your input, it is greatly appreciated. I have prepared my initial anti stay bundles and I am feeling good about it all (thanks to you both and CAG).

 

Tomorrow will tell.

[slick132]

PKP's,

 

Good luck to you but don't be surprised if the Stay is applied.

 

That seems to be the general trend, almost without exception.

 

Let us know how you get on.

 

Slick

[PUMPKINPIPS]

Where to go now???

 

The stay was imposed, the district judge of Croydon County Court said that there was a general instruction, requiring them to do so. In addition the Judge said that no further action would be accepted, ie the N244.

 

The banks representative argued VERY well against all points in the anti stay bundle and won favour and agreement with the district judge. Clearly this is not the first time that this arguement has been heard.

 

This has made me really very angry - I want to fight this, but what is left to do?

 

Colin

[slick132]

Hi PKP's,

 

Sorry to hear this.

 

Don't be angry. In fact you were lucky in that many judges don't even look at the anti-Stay documents, let alone have proper discussions.

 

Your case is stayed and there's nowt you can do about it just now.

 

However, you are now earning the best rate of int't (8%) on the market!

 

Stick around and keep in touch with developments.

 

Slick

[PUMPKINPIPS]

Slick

 

Thanks for that. I think you meant to say "best potential rate".

 

However, I am cooling down slowly, even though I am still angered at the fact that the banks have managed to effectively stop a small claims process - this should never be allowed to happen.

 

I was really surprised that the anti-stay points where easily and effectively dismissed. The Banks representative was clearly well prepared for this.

[slick132]

PKP's,

 

Yes of course "best potential rate".

Don't want to jinx anything!:o

 

Slick:)