bump anyone?

Hi Jaz, yes definitely read hadyanth's thread, you can use this tomorrow. He won on the same day I got stayed, and I think his extra info regarding CPR and stays really stood him in good stead. Try and get your head round it tonight and use it. BW & Good luck, Fzrkitten.

good luck:)

Hi, Got this order today after 'case management hearing' last Friday: It is ordered that: Unless the Defendant indicates in writing by 4pm on 14th September 2007 that it does not consent to re-allocation, the matter is re-allocated to the Small Claims Track. 1. The claim is stayed until further order to await the final determination including (for the avoidance of doubt) any appeal of the claim between the Office of Fair Trading and seven Defendant Banks issued in the High Court of Justice on the 27th July 2007 Number 2007 Folio 1186 ("the test case"). 2. Either party may apply upon not less than 7 days written notice to lift the stay. 3. The case shall stand struck out if an application to lift or extend the stay is not received by 4pm on 31st July 2008. 4. No order for the costs of today. 5. For the avoidance of doubt the claim and/or any defence, if struck out by a previous order, is reinstated. Dated 7th September. SO, hopefully re-allocated to small claims, fingers crossed for no reply from SC&M by tomorrow 4pm. What to do next? Appeal against stay on grounds that they didn't apply for the stay in time etc (as hadyanth's thread)? Is number 5 because the previous order asked for disclosure, but wasn't complied with, and I asked about it in court, and he said the only order that stood was the re-allocation to fast track one now. So Lloyds get their way? Can't believe 2 things, one that the judge included the appeal in the time scale, and that I have to apply for a stay if it's not decided by 31st July, or it's ME that gets struck out!!! We did ask him to explain that in court, that's definitely what he means. Any ideas anyone on where I stand now anyone? Thanks and BW, Fzrkitten. x

Hi Rachel/hadyanth, haven't actually appealed/not quite thought about it, not sure if I would be supposed to do it within 7 days, and haven't heard from the court yet with further order. Was waiting advice but no idea whether it is a waste of time, as it's very similar to Rachel's outcome today. It did seem like judge thought he was doing a favour. I just think on your outcome hadyanth and the timing of the stay etc that you said about, I wondered if I could do something. I need to see which track mine get's allocated back to first I think, as if it stays fast track it might be more trouble. Might phone the court and ask tomorrow about appealing against the stay and when I should do it by. Rachel - good luck if you appeal, and sorry for the outcome today:cry: BW, Fzrkitten

Hi Christina, glad you are back - it worked then! Hi Jan, thank you very much, not really sure what I've learnt about myself except perhaps I should take up law or join the police or something, I'm like a rottweiler that won't let go! Still not happy with stay now. I could kind of do with my silver lining right now, so let's hope so eh. Ought to buy some lottery tickets tonight now I've said that!!! Bw, Fzrkitten. x

Hi Elseg, I just saw your post on malaga's thread, sorry you still got stayed, the judge said the same to you as he did to me on the hardship case, so perhaps a warning to others not to try that one after all! It does seem that they have no intention of lifting stays or going ahead, however hadyanth has had success in principle today, so good news there. BW, 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.

Hi Peggy, your case definitely got stayed then? Just wondered how you were getting on. BW, Fzrkitten.

Hi Elenag66, How are things going -you had court yet? BW, Fzrkitten.

Hi Hannah, Have you heard anything yet? Just noticed you didn't get an answer to your post. Have you phoned the courts since? Bw, Fzrkitten.

Any news here? still subscribed and wondered cos you've gone quiet! BW, Fzrkitten.

Hi Hadyanth, Wicked post that last one, just wish I could have done same on friday, but my internet wasn't working so didn't catch you. Hey ho. Perhaps an appeal against my stay might be in the pipeline...... Nearly all the same issues. And you wanted my help? Think I should have been begging you for this info last week! Fzrkitten.

Ah, I'd say 'Gary' was more help than you could mention - I didn't even bring up the CPR bit in court, not even sure what it means, I just lost it slightly. Tried to remember too many things! Absolutely brilliant news for you, I'm now looking at appealing if anyone thinks it might be right, i'm just waiting on yet another order from the court first though, to re-allocate my re-allocation! So pleased though, felt doomed on friday and I'm glad someone could bring some good news to the site! BW, Fzrkitten.

Hi again, just been reading hadyanth's ace news - hadyanth vs Lloyds TSB - Goodbye fingernails... and wondered if I had a case to appeal against the stay on the same grounds - (CPR 3.8/3.9) that lloyds didn't put in for the stay correctly etc (i was sent the letter on the friday, had court the following weds. Must say their barrister was very interested about when we got our letters. Night Owl as well - v interesting link you posted above, only just had time to nose. I just don't want to let this drop - Gary, what do you think? I know I didn't cover this in court, just wish I had not gone to pieces slightly! I'm still waiting for small claims 're-order' to come in post, will post stuff up when I get it. I just don't want to lie down until the test case, I really don't. There must be some way we can show how they have treated me throughout. (Royal 'we' there - I need help!). I also think that the fact they have dropped their charges slightly is unbelievable. I think they are trying to say to the OFT 'look, we dropped our charges, surely this is ok now and you won't make us drop them any further'. I thought I would sit back until the test case and forget about things, but it's making me angrier by the minute! Anyway, if you've got court coming soon - I'd speak to hadyanth - fantastic outcome! BW, Fzrkitten. x

Absolutely fantastic news hadyanth! Mind you, bet the next 14 days are going to be hairy waiting! I hope they pay up quickly for you, so glad you got the right decision in court. Fzrkitten.

Hi Nic, It doesn't look good on them though surely? Aw, I'll try anything, so mad! Fzrkitten.

But could we use this against stays - surely it is admitting their costs are too high? Fzrkitten. (stayed on friday!!!)

Hiya, I so hope you are right, we need some good news. I just wish I'd known about lloyds dropping their charges when I went on friday, as I'm sure the barrister representing them wouldn't have known, and I would have loved to just ask if surely this was an admittance that their charges are too high - I really think it might have got me somewhere. Sorry I haven't put any links to things on my thread, if you just click on my username you can see threads by me etc, but Gary really helped me and I know it was good ammunition for court, otherwise my 5 minute hearing wouldn't have lasted an hour! Good luck for tomorrow, really hope it goes well for you. BW, Fzrkitten.

Hi Hadyanth, have a look on my thread, gary posted some good suggestions for me, especially about the fact that the test case only in the first instance tests the utccr's, and not common penalty law, I did rehearse it and use it, and it did bring a big question into my case on friday, but the judge still stayed unfortunately. also, apparantly one guy asked the questions advised on this site to ask lloyds how they come to the figures they do etc, it's in the court guidance bit, or preparing for court. Someone on friday said they think he may get a cheque. Just try what you can, but don't make it too complicated. Tell them your case is no more complex than any other already settled by lloyds, and that the time scale involved is not fair etc. I just saw a post saying lloyds have actually reduced their charges, as of 2nd nov - surely this has got to be a bargaining tool also, that is almost an admittance in itself I think, even if they are not reduced enough! Hope this helps a bit, Regards, Fzrkitten.

Hi again, RH, I have no dealings with lloyds anymore except that the account is open, so no argument needed on that one for me anyway. Nightowl, thanks hun, resigned to just waiting now, but as the guy with me said, if I couldn't stop the stay with all that then who could! Feel a bit deflated for others too, wanted to bring some good news but couldn't. I do agree it's 'old boys together', got that feeling straight away! Gary, it wasn't THAT judge, although the one I saw did make mention to him and the case that was lost, he kind of went on that to say they needed clarity. There was more than one judge, and the lady before me saw the other judge, and he did same, stayed the case. I was surprised at the number of people that didn't seem to know what they were arguing though, and had just turned up because they were told to. When I get a copy of things, including small claims track order etc, will post up again, I couldn't remember everything that got said in court, but I am glad I got chance to argue my case, thanks to your help too. On friday afterwards I just wanted to know if you can hire the guy with the muck spreader that was in the news - Today I feel a bit better! Fzrkitten. x

Hiya, Sorry you had the same outcome as me today, I did pm you this morning v early though. I kinda went to pieces a bit, but did get a good time to state my case, as you did. Didn't work though!!! I know how you feel, relieved for the break, but I am gutted. truly gutted! BW, Fzrkitten.

Hi all, Sorry, kitty's been off licking her wounds. Gutted. I have no good news I'm afraid. Barrister attended on behalf of Lloyds, there must have been 10 Lloyds cases and another 10 or so from the other banks today in Coventry Court. I don't know the outcome of all - anyone else there today? (Some just didn't turn up). Went in about 12.15 for a five minute session, came out at 1.30. The judge let me say everything I wanted to, told us there were no blanket stays, every case was being dealt with on individual merits. Went in with one other guy, and there was a lady and her husband before us. I argued that Lloyds had already defaulted by not complying with disclosure order before test case was even announced, and what would happen if I didn't comply with an order (judge said probably struck out), so how come Lloyds weren't - and were allowed to put in an ex parte application for fast track. Judge has written an order, I think to put me back on small claims, but only if Lloyds don't disagree within the next 7 days (!). I argued my case should be heard as it had been going on since april, and Lloyds had stalled at every turn, (I did use some big words but seem to have lost them in my now cabbage of a brain). And that it would cause financial hardship if it didn't go ahead. I said that the test case in the first instance is based on the UTCCR's, and that bounced cheques and overdraft fees are a clear breach of contract and not based on the UTCCR's, the judge was very interested in this, spoke to the barrister (lost me at this point unfortunately) and I actually thought things were going well. The judge basically let me speak for nearly an hour, then moved on to the chap I went in with, who also had some very valid points, so I nodded a lot. At the end, the judge did a very long summing up, wouldn't look either of us in the face, told me it was better this way for me as if mine continued on fast track it would go to a high court and take 8 days and cost a lot, then stayed both cases. I don't believe for a minute they weren't blanket stays, I am sure the decision was made before I got in there. Even the guy I went in with said "if they weren't issuing blanket stays, and everything you said didn't stop a stay, then what does!" He was gobsmacked. Also, the judge stayed us both until 31st July 2008, unless the test case was all settled by then. Then he said if we don't get settled by 31st July 2008, WE have to apply to get another stay, otherwise WE will be struck out!!!!! (Not Lloyds!!!!). And the barrister said 'very grateful', (my precious)! - He was actually ok, just a barrister acting on behalf of, like most are. Lady before us got stayed as well, so I guess most were today. Gary - I never even got to give them the extra paperwork today, not interested, and I was up at 6.30am collating that lot! All I can say is thank you so much for your help so far guys, and if we win the test case I'm still donating big style for all your help, just sorry it can't be sooner. And Gary I owe you a few drinks as I said! Still gutted though. Fzrkitten. x

Hi all, Thank you very much for the support and help. I've just made a mad dash at 6.30 to other half's house for the internet, as mine broke tuesday and I haven't been at work (home swatting!). Rich, I never got judgement before, should of done but they were quick putting in that sneaky order for fast track. Today is a 'case management hearing' because it was re-allocated to fast track, so this might not be the end for me. I have no idea what will happen today, it's a bit worse than knowing it's the final hearing I think - don't know if lloyds will turn up (they said they were sending counsel). Didn't know whether to phone SC&M, but didn't want to pre-warn them it was going ahead, so I've just left it. 12.00 today is looming! I might not get back on pc til late, so sorry if you are waiting for news! Thanks again, Fzrkitten. x

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.