See http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/40322-breaking-news-cases-stayed.html Things are looking up for Cardiff claimants! Purp

Hi Stadium That's great news! (I told you I'd continue to lurk;) ) At least it'll put pressure on Lloyds to settle now - hopefully you'll be getting that nice cheque before Christmas. Well done for standing your ground - I'm sure it won't be long now...:grin: Purp

On a slightly different point - please be prepared for the possibility of your claim being stayed once transferred to Cardiff CC. See http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered-3.html?highlight=cardiff#post216824 This is what has happened to quite a few people already - and I was told by Cardiff County Court that ALL welsh bank charges cases would be transferred there (although I know that at least one person has had a court date fixed in Swansea). Purp72

I'm sorry to hear about your recent loss. I still have heard nothing from the court - but yesterday, Abbey offered F&F settlement (I only had a small claim - £300). I will continue to track the Cardiff claims (because I'm nosey!) and will offer any advice that I'm able to. I hope that whatever the judges decide this week helps you get your money back as soon as possible. Purp72 PS When you applied for removal of the stay, did you copy the letter/application to your banks's solicitors? I did this and also sent e-mail updates to the solicitors, showing that I was in contact with the court and was trying to push for removal of the stay to show them that I wouldn't be put off. I'm not sure whether this helped but it might be worth a try if you haven't already....

Brief history of claim - I originally sent my preliminary to Abbey on 19th April, issued proceedings via MCOL in May, AQ went back on 12th July and have (since then ) been bogged down with the stay ordered by the DJ at Cardiff County Court. Applied to remove the stay but have heard nothing from the Court as yet - see http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34409-has-your-case-been.html As my claim was only small (approx. £300), in the last 2 weeks, I have used every reasonable opportunity to write/e-mail to DLA (because lawyers usually charge on a time basis for every letter/e-mail they receive/send) - eg. to offer to settle, to send copies of my letters to the court, to chase for a response to my offer to settle. My idea was to take Abbey's legal fees to a point where it was far more cost effective to settle. I am not sure whether this worked or whether it was simply the realisation that I was not going to stop pursuing it..... but they've offered me the whole amount this afternoon! Thanks so much to all who have helped me/answered my queries/put up with my whinging when nothing was happening. I feel sad that I have no real reason to visit the site anymore!!! although I know that I will continue to track what is happening at Cardiff County Court....;-) Good luck to all who are still struggling - stay firm, you will get there eventually. THANKS AGAIN! Purp72

Have a look at this thread http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html?highlight=stays There is also sub-forum of the General forum which includes threads/advice for those members who have had stays imposed pending the result of a test case. As it sounds as if your stay is only for 1 month, it may well be that it has been ordered by the judge on his own initiative to allow you and Lloyds to try to settle. It could be that Lloyds asked for a stay of 1 month to try to settle - have you had a copy of their allocation questionnaire? Hope this helps.

Sorry I obviously misunderstood you - I agree that, as a result of the approach being taken in Cardiff (and elsewhere) the courts will get clogged up with applications for removals of stays. It's a vicious circle.

While I do agree with you in principle, if you look at it from the court's point of view, they suddenly have all these extra small claims actions landing on their doorstep. Allocating hearings for all of these claims will take up a lot of court time. The time for this in the court's diary still needs to be allocated, irrespective of whether there is settlement before hearing. In fact, I think that the courts do understand that the banks are settling out of court - which is why they are trying to force a "test-case" - because otherwise they are allocating a large proportion of the court's time for hearings which will never take place. If the banks are leaving settlement until the last possible moment, it then means that the allocated court time cannot be filled with other hearings . The courts are simply trying to ensure that there is effective use of the court's time. However, if you are stuck in the middle (like me and many others), this does not help....

As I said, I am not suggesting that what I have done is correct but hopefully it helps - if only in reminding you that you are not the only one in this position. Just for further info, this is what court told me this morning about stays at Cardiff: http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34409-has-your-case-been.html#post276993 Keep us informed.

Have you managed to speak to court this week? For info, this is what I was told:- http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/34409-has-your-case-been.html#post276993

For all those whose cases are currently stayed at Cardiff County Court - I have just spoken to the court and have been informed that the circuit judge (His Hon. Judge Hickinbottom)and the head district judge will be meeting later this week to discuss what approach to take with all of the bank charges cases currently stayed (particularly as Williams v Barclays Bank now appears to have been settled - although it's not clear that this information has filtered through to the court yet). The listing's clerk did also indicate that the judges might chose another case as a "test-case" but that everyone who had applied for removal of the stay should hear something by the middle of next week.

Twinkle Last time that I'll harass you (honest!) Have you sent papers to Cardiff County Court confirming settlement yet? Purp

Hi - I have exactly the same stay on my proceedings from Cardiff County Court (as does Stadium_Arcadium). This is my letter (if it helps): Before anyone says anything, I know that I should have done it by N244 application to the court, but as I only have a fairly small claim (approx. £300) I did not want to spend the additional £35 (which I believe is probably irrecoverable from by bank). I have also altered BF's letter and I am not saying what I've done is correct - I haven't had a response from the court yet so I don't know what (if any) effect it's had. You can see I cut out the stuff about the test case (Elliott v Lloyds) because the order doesn't refer to it (and I was only advised verbally about Williams v Barclays) but I did add an extra paragraph 1 about CPR 26.4. I also cut out the information about injunctions etc. because my Abbey account is closed so they cannot add any charges while the proceedings are ongoing. No reason is given for the stay so hopefully (at the very least) the court will come back to me with written confirmation of this. If it is a stay pending the decision in Williams v Barclays - then as I know that it has been settled, there is no reason for the stay to remain in place. The problem is that, unless you take some action, I can't imagine the courts will be very quick to remove the stay and while there's a stay in place, there's no incentive for your bank to negotiate a settlement. Hence, Bank Fodder's advice to everyone affected by a stay is to apply for its removal. I would check out the Mercantile/Stays sub-forum of the General board. Hope that this helps. Purp72

Have you heard anything from court yet?

Hi Sorry to hear you've not been well. I've written to the court (to try to avoid the £35 N244 fee) requesting that the stay be removed and copied the letter to Abbey's solicitors with a letter also trying to negotiate a settlement on the basis that I'll deduct the actual cost of my transgressions from the claim. The solicitors have confirmed that they will take instructions and will get back to me by the end of the week. I've still to hear from the court. Hope that your letter works with Barclaycard Purp72