well I have to be quick & find the letter then and write out to the court. yes it is similar to what I received. simply an ask to extend the stay. if i missed the date to agree it would mean I agree without written consent anyway wouldn't it?

I received one last week & as yet haven't seen anything posted on here so will be what I see as the first.

Feel free to direct me to any information if it's already been posted!

The letter is at home but is basically saying the test case is taking longer than anticipated so your stay was until x date however we think teh case will be concluded around y date however y date exceeds when we asked for your claim to be stayed until SO are you ok with that?

I'm not sure what else I can really say but wondered if anyone else had received anything on these lines?

Cheers

doh!!!

thanks for the info!

thing is everything was documented in the bundle and I did mention how my overdraft is large, but that reflected the ridiculous size of the charges for an administritive thing....

roll on January 2008......

anyone else got any thoughts on this?

back to back hearings, a few with barclays

he was interested in the human rights act objection to teh stay & other details, i don't think he was particularly won over by my requested injunctions though

do I get any post hearing feedback or anything?

i know I should have asked for him to expand but at that point I was in shock!

and my girlfriend who works at a solicitors says this means I probably will eventually lose....?

just back

Court Bundle was fine and judge commented on my good preparation & how much work I had put into it

Barclays argued well but then ultimately went to a stay

I then put forward my objections including the injunctions. Barclays made some very good points I must admit because they cannot confirm that they will not close your account or charge you more as if they do this & I then completely abuse my account, they're stuck with this case injunction.....

Anyway, long story short

the judge went against my objection & allowed a stay however stated I would have LOST which actually scared the crap out of me.

Unfortunately the reasons passed me as I was a little unsettled by what could have happened but it was basically that the penalty charges formed part of my aggreement or something but it's not that, it's the AMOUNT?

Anyway I am happy he stayed it now (I think to help me keep with the other people) but the fact I would have lost has really worried me... I know I'm OK now, just really quite suprised by it all!

ps. the hearing was adjurned for half an hour when I presented the objection so barclays could gather some feedback......

right i'm off to court!!

will do

have just printed off the 3 copies of the objection and will give it a go

I feel much better that a woman I work with only had her charges, no court bubndle against HSBC and the judge ripped the solicitor of HSBC to shred, especially when he refused to pay the court fees..... haha!!

In my case the bank's advocate said she was asking for a stay and the Judge asked me if I had any objections. I said I had prepared a document (based on CAG template) listing my objections which I wished the court to consider and passed it to the Judge. You need to have a copy for the defence as well. Simple as that!

 

Good luck with your case.

John.

Excellent, many thanks John

excellent

and do I mention this as soon as I get to the court room or await the decision of a stay?

or prior to entering advise of a further document in teh instance of a stay?

many thanks in advance!

Kenny have you printed off this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 to take with you ?

 

Which court are you at ?

 

To be honest at the moment contacting the Litigations team is not likely to get you anywhere at the moment

Hi Saintly1

I have a hearing tomorrow morning at 10am of which iyet I have heard nothing from Barclays apart from the usual bit that came through to everyone at the weekend regarding stays & current situation

Is it worth me filling this in and taking it with me? If they ask for it to be stayed I then produce that & present it to teh judge then & there?

erm.... what exactly is 'my bundle' please? Is it the term for all my documents pertaining to this case?

Sorry

Yes it's the Court Bundle which contains all the relevant documents that will be viewed & considered by all parties in court (Bank, Judge, You)

I advised to get them in asap just because I never realised I had to do this & thought my initial particulars of claim and general blurb on Money Claim Online was OK which is silly in hindsight but I just didn't know you see.....

my only advice is make sure you get your bundle is as soon as you can & then just get familiar with it

i have my court date tomorrow & have heard nothing from barclayts except a generalised letter to many about how they "intend" to stay all claims in court until test case goes through

I hope they simply forget to turn up!!

cheers

I will get some more information from her when she is back at work because it would frustrate the hell out of me if the judge said I am coorect about the banks being unfair, THEN stay it!

Oxford County Court

mine is with Oxford County Court tomorrow....

right

barclays were sent the bundle

court have received bundle (delivered by hand)

i have my bundle

HERE WE GO!!

someone at my work went in to the court vs HSBC yesterday & apparently the judge said that he believed if stand alone trial, it would swing in her favour but was stayed for 6 months because of the test case which is unfortunate

6 months isn't too bad though (as long as test case decision is good!)

Funny how in the T&C's from 1998 it states:

"from 1/11/98"

"Fees over unauthorised .......... are

£25 for unpaid item, transaction....."

So although these are in the T&C's we still are stating that they are deemed unlawful really

East 17 - Stay

sorry, i'll leave via the back door......

also remember to click links & print them off, sounds obvious but imo is easy to go past!!

many thanks for that link

I will print the Terms & Conditions off & add them as Part 2 to my Barclays bundle which is being sent tonight to Barclays & then deliver Part 2 by hand to the COurt on monday

Then the bundles will all match & be correct

Thanks again

By the way, my account was opened around 99/00 so do I just need those T&C's or prefarably all from that date onwards?

don't have time to get my T&C's in now so am gonna go without

shouldn't be a major I don't think plus if essential can always try & add early next week before the whole things kicks off