I had a police medical appeal tribunal on 7th july 2010. I was told the result would be with me in 10 days. I allowed them 10 working days as it could have been my mistake and today that time was up. I called them and they gave me the result over the phone. The paperwork is in the post for toorrow. Unfortunately a really bad result for me but good luck hun

Hi there, Just wondering if there is anything I could do as the Natwest still havnt furnished me with any of my particulars in request for information, which was submitted back in May? Or the 14 day order for info that was put in with our defence also in may. Also not had any particulatrs of their claim yet too. It just does'nt seem right that they dont have to supply any info just cause the case has been stayed. does anyone know?? Peep

I called the court today who have said that the above is a standard letter they issue when the banks ask for a stay. She has stated that it is wrong as they have assumed that it was me who brought the claim and they will re issue the paperwork with me as the defendant, not the bank. Thank god for that

BUMP - Nicklea - could you please read number 2 as above as it just doesnt make sense. please help peep

bump again

bump

Oh My - Oh My, i was waiting for direction now all I got is aload of confusion. The letter i got from the court says: General Form of Judgement or Order - dates 14th May 2008 (didnt get it until 17th) Before District Judge Royall sitting at Kings Lynn county Court, Chequer House etc Upon consideration of the court file IT IS ORDERED THAT Upon review of the file the Judge directs : - 1. Save as appears in this order, this action be stayed pending the final decision (being judgement in the action or the final appelate court, whichever is the latter) in the test case between the Office of Fair trading V National Wesminister Bank Plc and others ('the test case') or further order of the court. 2. The defendant shall by 4 pm 28th May 2008 serve on the claiment (and file at cort) a copy of the particulars of claim in the test case or notify the court and the claimant of a website where the statement claim may be viewed or downloaded. 3. The defendant shall within 21 days of the final decision in the test case at court and serve on the claiment: a) A case summary of not more then 500 words setting out the effect of the final decision in the test case on this action. b) Their proposed directions in this case 4. Upon receipt of the documents set out at paragraph 3 of this order the file be referred to a district judge to consider further directions 5. Either party may apply to vary or discharge this order, provided that any application is made in accordance with part 23 of the civil procedure rules and made on 21 days notice. Date It appears to me that the judge has used a template order and has assumed that I have brought this case about, which is wrong as NatWest brought this case about in order to make me pay their charges that are owing. It annoys me that Natwest can inniciate court action against me as a bullying tactic to have me pay their charges and then ask the court to stay the action. And the court not only allows them to do it but also gets all the facts of the case wrong. Its a mockery and abuse of our judicial system. I am the defendant in this case and need some advice on how to respond to this letter and get the court to rectify their mistakes and actually read the file. Also making it clear that Natwest are trying to enforce me to repay the charges as the amount being enforced by them is solely owed as a consequence of them placing charges on the account. I need the court to know that Natwest knew this and they have brought this case about knowingly what it is about and that they did not want it to be heard. Natwest have still refused to provide any details of their claim and my response or information, along with direction giving them 14 days to get that info to me. Again they are abusing our system and this is just not being addressed by the court. I'm sorry for the rant, but i am in so much pain, sedated and feel so unwell that this is just making me worse and i'm struggling to cope with it. I really do need as much help as you can muster peep

Hey M-N-N do you have any updates as to how things went?

Thanks guys - i found the link very helpful and have spent hours reading so i can understand the does and donts. Once i know what the judge says - as our case is currently with him, then i'm hoping i will know what to do next. I'm willing to do the work and not makethis easy for Natwest, even if my chances of getting the stay lifted is tiny. thanks for the advice - its greatly appreciated

I thought I'd write an overview of what this thread is about and where am at to make it quicker to read and easier to understand. In short we took the Natwest to court in August 2006 and they paid us £6000 which covered the charges and interest they had taken from our current accounts to that date. While the court process for that claim was continuing so from August 2006 until December 2006 when they paid us out they had placed onto those same 2 accounts a further £2500 in charges and interest. In Novemebr/December of that year we took our banking buisness elsewhere and left the two accounts overdrawn the full amount of the charges that had been taken from us. Neither of these accounts have been used since but are now £5000 overdrawn through continuing charges that have been applied since then. We immediately initiated the beginnings of the process again with the Request for repayment of charges letter followed by LBA. We didnt continue with the reclaiming at that time but began it again in mid 2007, Natwest made multiple low offers which were all refused and then asked us to hold on out court claim until the OFT test case was concluded as they would only ask for a stay anyway, so we chose to wait the outcome of the OFT test case as they requested. Unfortunatly they then revoked on their request and began court proceedings against us and we are at the stage where we have returned our defence and counterclaim. We have completed and returned our Allocation Questionnair but Shoosmiths who are acting on behalf of Natwest have refused to submit their defence or allocation questionnair and they are now well over time but 9 days. As they say we are asking for a set off rather then having a valid counterclaim. They have made an order for the claim to be stayed as it is over charges but i want to appeal to have this refused as i am currently ill and will be shortly going to half pay which will leave my family in severe financial difficulty. They have also failed to supply me with my request for information which is now a month overdue and is severly disabling me from completeing my defence and spreadsheets for my counter claim. I am also wondering if i would be able to use The rulling made by Judge Behrens on Wednesday 29th August 2007, where "The banks have been told by the Mercantile Court they can continue to have a stay but if they attempt to enforce any debt comprising bank penalty charges pre OFT case the stay will be lifted upon application by the debtor/claimant and the matter allowed to proceed to trial, and the case law you refer to is: In the High Court of Justice Queens Bench Division Leeds Mercantile Court Before his Honour Judge Behrens Claim No 7LS40812 The reason for asking this is because we had started the process of asking for the charges to be repaid but never got to the point of issuing the claim in court. We started the process agin in 2007 but they requested we waited the OFT test case outcome and we chose too. Does the above only apply to cases that had begun the court process or can it be applied to claims where the reclaiming process itself had begun? Also since our account has been in dispute the Natwest have entered multiple default notices against our credit records, because the NatWest, along with other banks are involved in legal proceedings with the office of fair trading regarding the legality of these charges, and they requested that they store my complaint until the outcome. However they have now issued Default Notices, and inniciated legal proceedings, isnt this contrary to the Office of Fair Trading Debt Collection Guidance?.We need these to be withdrawn upon completion of this case if/when we win. So again can i use this in anyway? As you can see i have many questions that i need help getting answers to and would appreciate any help anyone can give me. Many thanks Peep

I have began to wonder if i could appeal against the requested order for a stay on the grounds of Hardship? I am currently off work with multiple pulmonary embolisms on both lungs and am due to drop down to half pay within the next couple of weeks. This is going to leave my family in awful financial difficuty due to not being able to cover our basic utilities and food requirements, mortgage etc? I'm off to a rehabilitation hospital shortly so i need to get things sorted as i wont be able to deal with this when i'm away. Again any advice would be appreciated, although i must admit im starting to think that i have peed you guys off somehow or my thread is in the wrong place as advice is not really been forthcoming since i started this thread:(. If its just that nobody knows what i'm to do - then please could you point me in the direction of anywhere where i can get the advice i need. Many thanks

Bumping for advice please

I think I have found what i'm looking for as pasted below. I have from Natwest dated early last year a letter making an £ offer to our multiple LBA request for repayment of charges and if we chose not to accept a request not to proceed until the OFT case is resulted. Is this good enough? QUOTE: Yes- you attend court and oppose the stay quoting joncris- "The banks have been told by the Mercantile Court they can continue to have a stay but if they attempt to enforce any debt comprising bank penalty charges pre OFT case the stay will be lifted upon application by the debtor/claimant and the matter allowed to proceed to trial, and the case law you refer to is: In the High Court of Justice Queens Bench Division Leeds Mercantile Court Before his Honour Judge Behrens Claim No 7LS40812 Andrew Carlisle (Claimant) & Others Clydesdale Bank (Trading as Yorkshire Bank) Defendant & Others Date: 29th August 2007 The High Court trumps the County Court everytime.

Please can anyone clarify some things for me as the more i read the more confused i get. I found the below on another thread regarding NatWest and wondered if any of the issued raised could be used for my case. I had notified Natwest that i was initiating court proceedings against them but they have continued to add default notices against my credit rating during this whole process. They then asked if I would hold off on court proceedings against them, as described above but threatened and then issued proceedings against me. In that case does the following apply to me regarding the OFT debt collecting advice? and can i use it in any way? I need to have all the credit defaults regarding this lifted as my credit rating is zero chance. QUOTE: ACCOUNT IN DISPUTE. LETTER OF INTENTION TO ISSUE PROCEEDINGS My account is subject to a request for the return of unlawful bank charges levied and is in dispute as indicated in numerous letters from myself. Accompanying this letter is a list of said charges now totaling £1052.39. this is in excess of the amount you are requesting. While II am aware that NatWest, along with other banks are involved in legal proceedings with the office of fair trading regarding the legality of these charges, and that you wish store my complaint until the outcome. However you have now issued a Default Notice. In this letter you also made a threat of legal proceedings contrary to the Office of Fair Trading Debt Collection Guidance. I also note that you are to file information with credit reference agencies, if so I shall alos be submitting a claim for damages as a result of this. I find this totally unacceptable and I am writing to inform you that I will now be issuing a County Court Claim for the charges plus interest to date. I am aware that most courts are applying an automatic stay to such cases however in the case of banks taking legal action relating to an account in dispute any stay made by the court will be immediately lifted and the claim for unlawful bank charges heard. The precedent for this was made by Judge Behrens on Wednesday 29th August 2007. Please accept this correspondence in accordance with my duty under the Civil Procedure Rules to continue to pursue a settlement without the need to invoke the time of the courts If you do not intend to defend your charges in court, but hoping that I will "just go away" I should to point out that this will not happen and you will incur further costs against you. Take note that I will draw the Court’s attention to the fact that you have not made any attempts at settlement in accordance with the overriding objectives of CPR. Furthermore I will submit this letter to the Court as further evidence of your intransigence with my case despite my attempts at settlement and the settling by your company of all other similar claims to date.

just to make reading easier