Hi Damo Well done that’s the best bit of news I have had on this subject. The only difference with me is that the Court have not granted a stay yet the hearing I am attending tomorrow is for Wragge to put forward their case for a stay and I am opposing them on the same grounds as you they failed to comply with court orders but also i had alredy agreed to one stay some time ago with the veiw of making a settlement out of court but they totaly ignored my letters again showing no resect for court or the legal system. I think its time somebody started to question the methods used by Wragge and Co.

Thanks Jan I think your right the defence has already challanged all the template letters .Im just going to put my own reasons forward if nothing else i will get a chance to face these people who have been trying to intimidate me over the last few months Pete

I have just found the FSA site and it makes it clear they are only dealing with unauthorised bank charges most of my claim is regarding to failed Direct Debits will this make a difference to the stay

Thanks Zootscoot Where can i find the FSA waiver Conditions i tryed your link but it wont open

Hi Jan Thanks fior your Reply I started my claim in April 07. since then i have had another £700 in charges i missed a mortgage payment in May as a result of charges from the previous month which i am paying £50 a month to the mortgage company as a PENALTY?? I have just paid a final demand for water rates which i put sufficent funds into my account BUT as the funds and the payment arrived on the same day they charged me £25 which has made futher DD's fail which means MORE charges. It just go's on and on. I was hoping to settle my Morgage Arrears and get a fresh start with the settlement of my claim On the 2nd August which was after the OFT announcement I received from the court an order to send a Schedule of my charges and a copy of my statements supporting my claim to the court and to Wragge. This was sent Recorded on the 8th July Alliance Leicester are to send within 14 days thereafter (Making that the 22 July + maybe a few days for postage ) A: Pursuant to contractual provision such charge was made producing a copy of the contractual document relied upon: B: Whether such charge is accepted to be a penalty. and if not why not: C: If such a charge is alleged to be a pre-estimate of the Defendants loss incurred by the claimant’s actions (whether or not such action is treated as a breach of contract between the parties) all facts and matters indented to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with matter was: D; If such charge is not alleged to be a pre-estimate of the Defendant’s loss incurred by the Claimant actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable: Each party shall exchange and file witness statements by no latter than 11 Sept whereupon the file will be referred to a district judge None of this information was received buy me only a letter on the 11 Sept stating they were applying for a Stay leaving me only hours to get a letter to the court by hand with my reasons why this should not be allowed. I received a letter from the court ordering a stay with a hearing to appeal on the 8 Nov

Thanks Michael I have all the paperwork and template letters now, the only thing i might have in my favour is that i have already agreed to one a stay thinking that the Wragge men wanted to make an out of court settlement But Supprise Supprise I got no reply from my letters to try and make a settlement all it done was delay my court hearing by a couple of months which may have got me a hearing before the OFT got involved.I do belive im wasting my time with the appeal has anyone had a good result on appeal ??

I have an appeal hearing on the 8 Nov its like starting all over again has anyone had a win or got any information on this

Thanks freakyleaky im not sure how to start a new thread? But what i want to know is how i get a copy of the transcript the cases won since the OFT situation as Alliance & Leicester are relying on a case Heynes v HSBS Bank in which the stay was upheld

I have just been given a hearing dat 9th nov to appeal against a stay. has anyone got a list of settled cases