court ordered claim cancelled

[thunderpuss2k]

Just reading up on practice directions and the supplements for CPR Part 59, with regard to transfer of proceedings. From what I understand, either party can make the application for transfer to a Mercantile Court - but both parties have to consent to the transfer.

 

The case reference number for Elliot v Lloyds TSB is 6UB01701, right? Correct me if I'm wrong, but this is the test case. UB is Uxbridge. So (and this is a big assumption here, and it's late, and I'm tired - but feel free to shoot me if I'm wrong).. Elliot v Lloyds TSB was started in Uxbridge, and somehow ended up being transferred to Mercantile in London - as one would assume that's the Mercantile Court that has jurisdiction. What's the chances that the same judge was responsible for this as has been for your case, and has issued the stay on your case based on the knowledge he has on the Elliot vs Lloyds case?

 

So, assuming that I'm still right on this.. you have four different cases so far here in the mix. Two started in Gloucester, and the Judge has decided, off his own back, that he thinks the tide is about to turn and there'll be a test case at some point in the year. Meanwhile, over in Uxbridge, Elliot vs Lloyds TSB has been transferred over to Mercantile by Judge 'X'. The same Judge on Joa's case has seen a claim which he deems to be virtually identical land on his desk, and decides that based on the fact he's only just got rid of something very similiar to Mercantile, he wants it clarified by a higher court before he does anything on this one.

 

Just my 10p worth..

[Ihatebanks]

Could it be possible for LLoyds Solictors to write to the courts requesting a stay until the outcome of the test case?

Can we call the court to find out when the hearing might take place?

If we all recieve letters from the court regarding a stay on proceedings and object do the CC have to carry on with our cases or could they be struck out

Hopefully "Elliot" asked for transfer to MC and has plently of support and a very strong case.

Unless Lloyds have cherry picked a case they feel they can not loose on I do hope that its the former:-?

[Seminole]

If it's the latter then all hell will break loose, believe me.

[Joa]

If the District Judge in Uxbridge decided in Elliot's case to transfer, what are my chances to request removal of the stay if the decision is going to be taken by the same judge. I will apply for the removal but honestly, why does it always happen to me!!

[skyrocket123]

Could someone answer my question please (post 132) I want to know what the answer might be.

[Robertxc]

Could someone answer my question please (post 132) I want to know what the answer might be.

I don't think it's a question we can answer here. I think it depends on how the bank feel about the whole thing. If they already offered partial settlement you could write to them and say that you're now prepared to accept it.

[Ihatebanks]

Legal / Professional - Practice Directions

 

It quite clearly states either party can ask for the case to be transfered however it does not seem clear whether both parties have to agree

Is there a database for court claims prehaps then we could get a better insight into the case

[thunderpuss2k]

Legal / Professional - Practice Directions

 

It quite clearly states either party can ask for the case to be transfered however it does not seem clear whether both parties have to agree

Is there a database for court claims prehaps then we could get a better insight into the case

 

From:

PRACTICE DIRECTION – MERCANTILE COURTS - This practice direction supplements Part 59

 

4.1 If a claim which has not been issued in a Mercantile Court is suitable to continue as a mercantile claim –

(1) any party wishing the claim to be transferred to a Mercantile Court may make an application for transfer to the court to which transfer is sought;

(2) if all parties consent to the transfer, the application may be made by letter to the mercantile listing officer of the court to which transfer is sought, stating why the case is suitable to be transferred to that court and enclosing the written consents of the parties, the claim form and statements of case.

[Ihatebanks]

That seems a bit more positive ,I wouldn't agree if I didn't think I could win 100%

[Joa]

Well, I am going to pop in today to my county court and put in an application to have the stay order set aside or removed. Hopefully the judge, upon seeing that the offer has been made by the bank's solicitors and accepted by me, will remove the stay. I have not got the actual refund yet, so I am not sure how this affects me. Will let you all know how it goes.

[thunderpuss2k]

Well, I am going to pop in today to my county court and put in an application to have the stay order set aside or removed. Hopefully the judge, upon seeing that the offer has been made by the bank's solicitors and accepted by me, will remove the stay. I have not got the actual refund yet, so I am not sure how this affects me. Will let you all know how it goes.

 

If the offer was made on a 'without prejudice' letter, it's not submissable in court.. might be worth checking first.

[breadline]

Well, I am going to pop in today to my county court and put in an application to have the stay order set aside or removed. Hopefully the judge, upon seeing that the offer has been made by the bank's solicitors and accepted by me, will remove the stay. I have not got the actual refund yet, so I am not sure how this affects me. Will let you all know how it goes.

 

Naturaly You must do what you need to get your cash back, but.. won't this then show the banks they can make offers and pull plugs to make those offers accepted, which means eventually the offers will dwindle down to the odd £50.

 

It is only a matter of time before the man at teh top of the mountain who ever he is says no more, the banks are slimmy, and im sure have many close friendships with people half way up said mountain. Eventually they will find away to stop it all. Then i will join you all in a march through the streets of London and handcuff my self to LLoyds

 

just a thought

BL

[Joa]

Yes, the offer is in the "without prejudice" letter ;that's why I am worried and will go through with the application to have the stay removed.

[norvernrob]

It's a real shame the test case isn't someone from this forum. I hope this Elliot has a good understanding of what's going on or has people that do know helping him/her!

 

We really need to find out who it is, and Dave, BF and the rest can help prepare a case that should it go all the way will leave the banks crying into their £50 notes.

[Seminole]

It's a real shame the test case isn't someone from this forum. I hope this Elliot has a good understanding of what's going on or has people that do know helping him/her!

 

We really need to find out who it is, and Dave, BF and the rest can help prepare a case that should it go all the way will leave the banks crying into their £50 notes.

 

We're trying to do this.

[norvernrob]

I thought you would be. Should this go all the way it would be devastating for us all if a claimant with an ill-prepared case lost. It can't be allowed to happen!

[keren29]

Can I just ask please - i've read this thread through and have no legal knowledge I'm afraid.

 

Does this/could this mean that there will be a case heard at a very high level, which will be/could be a bank versus an individual to reclaim bank charges. The judge at this level would then make a decision and could say the individual does not have the right to have the charges back?

 

Or, is it that the case will be heard at the top level etc, and it will go in the individual's favour BUT this might not happen for months (if it does indeed happen) or years even and everything will get to a certain point in all the claims for all the banks and then will grind to a halt until the test case has been heard/sorted out?

 

Or am I completely wrong in either of my assumptions?

 

Apologies if i'm completely wrong, or if I'm sounding too simplistic but I'm just trying to get my head round the thread and what it may/may not mean to me.

[brecken]

I think all us mear mortals are confused about whats happening regarding this thread.

It would be nice if someone could keep us posted to what is happening.

Its compleatly over my head.

[Seminole]

Joa, please could you tell us your claim number either here or by pm.

 

Thanks

[angelface69007]

Elliott is taking the Bank to court. I am going to try and find a background to the case.

[Ihatebanks]

I thought and hoped that was the case as it was listed as Elliott v LLoydstsb

and not LLoydstsb v Elliott

Looking forward to seeing the background;)

[Seminole]

OK. We've tried calling Uxbridge County Court and also the Mercantile Court. Uxbridge confirmed that the case had been transferred to the London Mercantile Court and that Elliot did not have a solcitor. The Mercantile Court curiously doesn't seem to have any record of the case but I expect that this is just an oversight. Unfortunately we've not been able to get any more information yet but we'll rethink our strategy and have another go next week.

 

Please don't all start ringing the courts and asking the same questions!

[determined-to-win]

Dont know if its of any relevance, however, on the electoral roll for Uxbridge there are only 10 Elliots...maybe a letter to all 10 from Dave/Bankfodder??..

just a thought..kick me if its a bad one

[norvernrob]

Sounds like a great idea to me.

[thunderpuss2k]

Thats the ones you can see (some might be opted out of the public electoral roll). Besides, they might not actually live in Uxbridge - it's just that court covers where they live. Or something like that