Shrewsbury staying - ideas for appeal

[jessica'smum]

Hi got the judge has decided to stay letter today have seven days to appeal - is it worth saying the stay is not working as it is not being observed by all courts, and producing a list of areas which are carrying on as usual?

 

And is it up to the judge to decide the stay or the bank? - I have a letter from the halifax saying "if you chose to issue a claim through the courts the bank will immediately apply... for an order to stay your action..." which reads to me that it's up to the bank, not the judge. And they haven't applied for a stay according to the defence they sent me.

 

Also we receive WFTC but only £15 a week as we work full time, is this a 'benefit'? ditto child allowance. I am not saying we couldn't afford childcare without the money I'm owed but it would pay for a month!

 

Any advice would be welcome

 

Jessica'smum

[zootscoot]

Hi JM,

 

It may be worth providing evidence of courts continuing with claims. The decison is down to the judge not the bank.

 

The question of whether WFTC or child allowance are benefits does not really matter. If you wish to apply to have the stay lifted on the grounds of hardship this can be used irrespective of whether you are on benefits providing you have evidence that delaying the case would cause you hardship.

 

All the best

 

Zoot