my case has been stayed

[jenny159]

has anyone applied for a stay to be set aside if so what was the outcome, i have just recieved a stay even though the court has had my papers since may this is the first letter i have even had from them

[JulesTools]

Hey Jenny

 

Can you type up the letter you have had, and a bit of background on your case.

 

Hundreds have applied to overturn these stays but only a couple have been set aside in cases of financial hardship (ie the charges were taken from benefits etc )

 

 

Is the stay on the courts own motion or on application from the bank ?

[jenny159]

before dj Besford at kingston upon hull

 

on 12th sept the papers in this claim were considered by dj besford and upon it appearing to the court that

a) a test case has been issued in the high court between the oft and certain banks with a view to determining issues of legal principle in relation to the recovery of charges made on current accounts and the applicability of the unfair terms in consumer contracts regulations.

 

b)further info in relation to the test case can be found on oft website

 

c) the issues raised will affect this claim.

 

it is ordered that

1) this claim is stayed until further notice with a view to awaiting the final decision of the test case which will also inlude any appeal made by the banks.

 

2)either party may apply to have the stay set aside by application on notice in accordance with the civil procedures rules 1998 part 23

 

 

 

i took hsbc to court and the papers were transfered to hull in may but we recieved no corrospondence from them at all and whenever we contacted them we were told that the dj had our file and we would hear something within a week this went on for 4 months how fair is that

[livelylad]

You can apply to have the stay lifted. The link below will advise.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

As a point were you one of the 44 cases that the Judge threatened to strike out?

[macushlamoon]

Hi Jenny

 

I wrote to the DJ @ Horsham, to have the stay set aside... he would not grant it off his 'own initiative'.... that was at the cost of a furthur £30.00

 

However I can apply for a hearing now with the DJ to discuss why he will not lift the stay, and have the privilege of paying another £35.00 to do this.

 

so sum total to Horsham court, to date alone is £310.00

 

Good lord ... the judicial system is making a mint out of this...

[livelylad]

Judges are reluctant to remove the stays.

[jenny159]

no i wasnt one of the 44 but was told by the court clerk that the dj was just piling up the cases and not dealing with them people i knew were taking their bank to court long after i did an d got court dates surley this isnt right what he has done and yes it does seem to look like another money making [problem]

[livelylad]

He is perfectly within his rights to stay teh claim and also to refuse any request to lift the stay.

[JulesTools]

Hi Again Jenny

 

I am not in favour of Templated Stay Appeals just for the sake of it , it just cloggs up the system . When Judges see a mass of stay removal applications each saying exactly the same thing most just add them to the pile and they get ignored . If someone has a genuine need to have their stay re-appraised for severe hardship reasons or risk of further debt etc then by all means apply. Otherwise the genuine cases are at risk of being overlooked and forcing people into more hardship . I have managed to successfully get a stay overturned for one claimant against Natwest and hope to be successful again. I would be happy to give you details of this if you PM or email me .

 

Good Luck

 

Jules