~~## Stays info and guidance ##~~

[zootscoot]

Has been moved here:

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/108430-stays-info-guidance.html

 

In the new forum for stays here:

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

If you are objecting to a stay or applying to have a stay lifted start a thread and update your progress. It is suggested you entitle the thread

 

username v bank (Name of Count Court)

 

This will hopefully help people keep track of what is happening in different courts.

[crfx250]

BBC news report that looks at stays across the country

 

BBC NEWS | Business | Banks still being sued over fees

[moneyhelp]

What can be done about credit card stays?

[zootscoot]

In addition to the points in the application to lift a stay you can raise the fact that credit card charges are quite different to overdraft charges in that there is a clear breach of contract so the case could potentially be decided solely on the common law of penalties without reference to the UTCCR which the OFT case focuses on. Furthermore as there is a clear breach of contract their is no question about whether or not the UTCCR applies as it has been held to apply to default provision in DGFT V First National.