Oh dear this is getting very complicated...thanks for the reply though. I am claiming these charges on behalf of my boyfriend, is there any way i can appear in court for him, dont think he will continue if he has to go and i dont want to lose this battle! Presuming the stay is granted, we wait until the outcome of the test case, any idea when that might even be?? thanks for all your help, i can feel this slipping away now though

just an update... Got a letter from the court, it says: Notice of APPLICATION FOR STAY TAKE NOTICE that the APPLICATION FOR STAY will take place on 1 November 2007 at Oxford CC 20 mins has been allowed for this application Anyone got any idea what this is or has any one attended one??

just an update... Got a letter from the court, it says: Notice of APPLICATION FOR STAY TAKE NOTICE that the APPLICATION FOR STAY will take place on 1 November 2007 at Oxford CC 20 mins has been allowed for this application Anyone got any idea what this is or has any one attended one??

Hi There, Gone through usual details and have ended up with a 'General From of Judgement or Order' basically proposing a stay. I am sending them a letter today to ask for them not to stay the case and let it through...dont know if it will work but one can but try!

thanks so much, will send that off today and hope it helps!

hey guys, got another letter from the court, it reads: Upon considering the file it is ordered that The court is aware that a test case has been issued in the high court between the banks and the oft, with a view to determining issues of legal principal in relation to teh recovery of charges made on bank current accounts and the applicability of the unfair terms in consumer contracts regulations and other legislation to such charges. Upon it appearing that the issues in the test case will effect this claim, the parties are invited to write to the court within 14 days of receipt of this note with any comments upon the issue of a stay of this claim until the decision in the test case is known. Upon expiry of the 14 days the file will be referred to the district judge to consider whether a stay is appropriate. Letter dated 16th Aug and only just got it so i have only 2 days...any idea what i would write back apart from please do not stay this case!!!???

Hiya, thanks for the reply, MCOL said theire defence ws recieved even before i sent judgement but it was 'lost in their system' typical... First 3 points are: 1. The poc do not provide sufficient details of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that hte claimant incurred bank changes on the claimants account for unauthorised borrowings, teh defendant puts the claimant to strict proof of each charge and the date thereof. 2. The poc are summary in nature. Accordingly, this defence is summary in nature and the defendant reerves the right to amend this statement of case in due course. 3. The defendant is entitled to charge the claimant for unathorised borrowings by reason of its standars t + c's. The claimant accepted the same when the account was opened, including the following t + c's. Are they telling me the poc is not detailed enough? Should i rewrite it and send to the court? I knew MCOL was a mistake

hi just got barclays defence, 11 point...is this standard does anyone know? Is there a defence posted somewhere i can cross reference mine with thanks so much

have faxed and posted judgement form, let hope they dont enter a defence within the next 24 hours...bet they will though

thanks saintly, hopefully will be nice and quick! Not like my lloyds one - boy did that drag...

spoke to MCOL as there site is down, still no defence received so she has sent me the form for judgement. Does anyone have any experience in this, or won by judgement?

thats perfect - thanks Barty!

Spoke to MCOL, they said leave it till Tues, then start judgement, although if defence is recieved within 24 hours of judgement then it will over ride...arrgghhh

that's right, no defence as yet, can i call MCOL or does my BF have to do it?

just want to check...claim was acknowleged on 29/6, should i start judgement? does this make things easier or harder??