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WatHorn

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  1. Thanks once again for the prompt reply Slick123. Yes, both of our claims are for personal accounts. However, we are currently starting a claim against Barclays for our business account. You mentioned in your earlier post 'unless yours is a business a/c claim' Is there a different proceedure for a business account claim? Kind regards, WatHorn
  2. It doesn't seem fair that cases can be 'stayed' whilst the Banks continue to stiff us with their unlawful charges. Here's a question. Does anyone know if there is any courts in England that are continuing to hear cases are are not 'staying' them whilst the OFT case is being heard? If there are, I would like to know if it is possible to have my 'stayed' cases moved to one of these courts. Just a thought.... Regards, WatHorn
  3. I have just got back from a short holiday break. On the mat waiting for me on my return was a letter from Barclays attached to a copy of a letter they have sent to the court requesting an extension of the stay that was applied to my case at the back end of last year. The stay was implimented by the court until 31st March 2008. Can anyone advise me what I should do (if anything) in response to this latest Barclays action.
  4. Sent template to Clare Ward MP - Watford
  5. Abbey's LBA timeline has now expired, so I assume that I will now have to fill in an N1, as MCOL is now staying all cases. I have a problem with the fact that Abbey owe me around £2k in unlawful bank charges and interest and because I'm currently overdrawn by around £400 (made up of them keep applying charges every week), if the court 'stay' the case, Abbey will continue to add charges (£15 per week at present), it could run up a hefty overdraft by the time the case is heard. I'm worried that if the Banks win the OFT case, I'll be in deep sh*t and will have difficulty in repaying the money. Can anyone give me some advise as to what I should do? I did try and speak with them, but they said that all cases are stayed and suspended until the OFT case is heard, but it's o.k. to keep adding charges to my account. They couldn't seem to give a damn and said that's how bank account work and the conversation ended.
  6. It seems that if the Banks apply for stays, we should use the stay template to attempt to get it lifted, but if the Court applies the stay, that's all right then. It's o.k. for the banks to breach my Human rights but not the courts?
  7. From my conversation with Watford County Court and two recent letters received from them regarding my wife and our joint accounts, it would seem that they have also stayed all bank charges cases.
  8. I have now received two letters from the Watford County Court, one for my wife's claim and one for our joint account claim, they are virtually identical and say that both cases have now been stayed by the court "On it's own initiative" until March next year. But.... 1. This claim is stayed until 31st March 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR 23, to lift the stay. 2. If no such application is made, the court will give directions of it's own initiative on the expiry of the stay. Does this mean that I can apply to the court to have the stay lifted using the relevant template? Also, if this is the case, do I need to fill in an N244 and give the court another £35? Also, my wife's claim's bundle has been prepared, should I still deliver it to the court and to Barclays in light of this notice from the court? Any guidance would be greatly appreciated. WatHorn
  9. Here's the text from the court letter from my wife's a/c: Notice of Allocation to the Small Claims Track (Hearing) Hearing date: 12th October 2007. Each party shall deliver to every other party and to the court office copies of all documents (including any expert's report) on which he intends to rely at the hearing no later than 14 days before the hearing. The original documents shall be brought to the hearing. Witness Statements (including those of the parties themselves) must be included in the documents filed and served. regards, WatHorn
  10. Hi Slick, We have two claims on the go and the moment, here is a brief summary of the situation so far. Our joint Account: We have a claim against Barclays for around £4,000.00. Is with the court awaiting a court date which was imminent, but we've just received a letter from the court to say this claim has now been 'stayed' by Watford County Court. The letter from the court says: Upon reading the court file and upon the court noting that a test case has been issued by the High Court between the OFT and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges on bank current accounts. (Further information in relation to the test case is available on the OFT's website at The Office of Fair Trading: making markets work well for consumers) And upon it appearing that the issues raised in the test case are similar to those in this claim. THE COURT OF ITS OWN INITIATIVE ORDERS THAT 1. This claim is stayed until 31st March 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR 23, to lift the stay. 2. If no application is made, the court will give directions of its own initiative on the expiry of the stay. ====================================================== That's it really, I need advise as to what to do next. Should I send a letter applying for the stay to be lifted? MY WIFE'S ACCOUNT: This claim is for around £1,300.00 and was around two weeks ahead of our joint account claim. But we have a court date for this for 12th October 2007. I have prepared her bundles and are ready to go off to the relavent parties (probably tomorrow), but I telephoned the Watford County Court about both claims and was told that the judge was looking at the October cases at the moment (this will affect my wifes case) and was told these are likeley to be stayed as well. So, should I still get the bundles delivered or wait in anticipation of a second stay letter for my wifes claim? If I send off the bundles, do I deliver the banks directly to the branch or send it to the banks solicitors? Thanks regards, WatHorn
  11. Thanks Slickwilly123, So use this template in post #2, fill in the variables, print it off and deliver it to the court with the bundle? I will be delivering it to the court by hand, so should I point out this letter to them? regards, WatHorn
  12. Here's is where I'm at with my wife's claim. We had a court date for 12th October in Watford. About 2 weeks ago, we received a letter from Barclays stating that they would apply to the court for a stay. Now we have received a letter from the court saying that the defendant (Barclays) have applied a stay, which the court has agreed and re-scheduled the case for March next year! But it also says in the court letter that I can apply and appeal to have the stay lifted. My wife's court bundles are all prepared and ready to go off to the relevant parties. From what I've read on here, my local court (Watford) seem to be proceeding as usual. So, should I appeal as suggested by the court? Do I just send the court one of the template letters on CAG regarding lifting the stay? What should I do, please help.
  13. Just one more thing. If the case gets to court and being someone with a bit of a nervous disposition, does anyone know if there is any guidance notes or a script template on CAG that I could use/amend when I verbally state my case to the judge? WatHorn
  14. Hi Aude, Thanks again for the information, it's eased my worries about getting something wrong. By the way, good luck with your claim
  15. Thanks for that my friend, it makes me feel a lot better knowing someone else has the same bundle. Just one thing, did you print/copy off all of the OFT statement and the Findings report in Northern Ireland into personal banking, or just relevant parts, because these reports are very long arn't they? WatHorn
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