Has your case been stayed pending a test case

[markcoopz]

I have given the Clydesdale until the 29th July before I started action, as I live in Scotland & my claim is for £3750+ interest I was going to use the FOS, but they have suspended investigations until after the test case, my question is this: if the banks can apply for a waiver to stop payouts until after the issue is resolved by the court, can a consumer apply for a waiver to stop any more charges being issued until the test case is resolved ?.

The old saying, whats good for the goose is good for the gander springs to mind.

[Josie8]

I have given the Clydesdale until the 29th July before I started action, as I live in Scotland & my claim is for £3750+ interest I was going to use the FOS, but they have suspended investigations until after the test case, my question is this: if the banks can apply for a waiver to stop payouts until after the issue is resolved by the court, can a consumer apply for a waiver to stop any more charges being issued until the test case is resolved ?.

The old saying, whats good for the goose is good for the gander springs to mind.

 

 

Good point will be interested to read the mods views on that

[jubaxt]

surely it must work both ways??

[Josie8]

Personally I think this is an establishment stitch up. :x

[noodles 3]

I am due to take HBSC to court at Leeds Mercantile court on 29th August and have no idea how to find out if the case will be going ahead or not and am keen to hear from others due to attend leeds on the 29 Aug.

[maxine989]

Hi

 

I have done some calling around today in light of the recent OFT court proceedings to find out in allocated hearings are going ahead or not.

 

There seems to be a mixed view on this, but my local court (Walsall) told me that the judges were not in favour of granting any stays because of the OFT proceedings.

 

I called my banks litigation team (SC&M) and asked if I could discuss my case with someone. After a short discussion I got offered a full refund of charges, plus the 8% plus court costs.

 

Perfect!!

 

If you have a date coming soon... chase it up. You might get an offer sooner rather than later.

[squeak20]

Phoned end of July and was told that my case was going ahead. (13th August in Swindon)

Got a letter on Friday 10th to say that

"upon the court's own motion it is ordered that ..... my application is stayed until 1st February 2008"

 

"This order has been made without a hearing under the Court's management powers in Part 3 of the Civil Procedure Rules. You may within 7 days of the service of this order apply to the courts to set aside or to vary the order under Part 23 rule 10. You must file with the court and serve on the other parties an application that sets out your reasons for objecting to the order. The original application ( if any) will be listed for hearing with your application unless you ask the court to vary the order without a hearing."

I would welcome suggestions or advice! ( not pleased with the court for the lateness of stay, was due to appear tomorrow where I thought it would all end rather than another delay!)

[olden]

Phoned end of July and was told that my case was going ahead. (13th August in Swindon)

Got a letter on Friday 10th to say that

"upon the court's own motion it is ordered that ..... my application is stayed until 1st February 2008"

 

"This order has been made without a hearing under the Court's management powers in Part 3 of the Civil Procedure Rules. You may within 7 days of the service of this order apply to the courts to set aside or to vary the order under Part 23 rule 10. You must file with the court and serve on the other parties an application that sets out your reasons for objecting to the order. The original application ( if any) will be listed for hearing with your application unless you ask the court to vary the order without a hearing."

I would welcome suggestions or advice! ( not pleased with the court for the lateness of stay, was due to appear tomorrow where I thought it would all end rather than another delay!)

Get your application to set aside the stay and objection letters off have you had a look over on the Cardiff hearings site, mine and more than 500 more were to be attending Cardiff CC on Tuesday and it has been stayed at the last minute. there are some good letter templates on there

[birmanmad1]

Just had a letter from the Halifax, they have now put my claim on hold due to the test case! Do I carry on with the original procedure? I have had the reply from the 1st letter giving them 14 days before the LBA. Now how do I proceed? Any advice please ..Thanks

[bitmissing]

I too have just received notification of my claim being stayed by Lambeth County Court, pending judgement being delivered in the claim entitled 'The Office Of Fair Trading and Abbey National Plc.'

 

I had received with my original court papers a letter from Judge David Mackie QC of London Mercantile Court setting down his views on our claims for repayment of penalty charges. Phrases like 'they rarely last more than a few minutes' and 'the only real issue in most cases is whether the claimant has paid the amount of charges he or she claims' left me feeling a good deal more confident.

 

His comments regarding the award of limited costs 'except where a party "has behaved unreasonably"' also encouraged me, as several of the examples of this applied to my experiences with the bank.

 

However, now if my loose understanding of the law is correct, I must wait for the test case to be heard, which could be repeatedly ajourned for some time to come. Assuming the bank lost, for this to become case law, the bank would then need to appeal the decision. If they didn't the decision could not be used by other courts (as with all of the other similar decisions by the the London Mercantile Court. Again this could take forever. It also strikes me that it would not be in the banks' interests to appeal. Only when this was all done and assuming the Office of Fair Trading won, would there be a chance of me getting my money. In order for me to be conpensated for the suffering caused by the various unscrupulous practices A&L have used against me, I would still have to take them to court though.

 

In additional to all of this, I have a brain injury that has left my memory clinically retarded. More often than not, monthly my account is further plundered by A&L for even more charges. As I have pointed out to my bank, there is little or no chance of me maintaining my account in the good order I did before I suffered my disability.

 

Is it me, or is the playing field slightly uneven. I noticed a story in the Yorkshire Post indicating that a court had banned Barclays from levying further charges on a customer in a similar situation pending the outcome of the (potential) test case. This seems a little more even handed approach.:?

[tomterm8]

However, now if my loose understanding of the law is correct, I must wait for the test case to be heard, which could be repeatedly ajourned for some time to come. Assuming the bank lost, for this to become case law, the bank would then need to appeal the decision.

 

No. This test case is in the high court, and is precident forming, unless it is overturned in a subsequent appeal.

[olden]

I too have just received notification of my claim being stayed by Lambeth County Court, pending judgement being delivered in the claim entitled 'The Office Of Fair Trading and Abbey National Plc.'

 

Is it me, or is the playing field slightly uneven. I noticed a story in the Yorkshire Post indicating that a court had banned Barclays from levying further charges on a customer in a similar situation pending the outcome of the (potential) test case. This seems a little more even handed approach.:?

 

Have you sent/taken your application to uplift the stay and objection letters to the court? and to the MOR , your MP etc. include the BBC report about this.

[eveb]

Hi All,

 

I attended a hearing this week at Gloucester County Court for Application (under rule 23) for lifting of Stay which had been placed on my claim.

 

1. The bank HBOS failed to arrive

2. THe judge refused to lift stay on the grounds that 'a case had been heard in Leeds ' recently in the supreme court, where it was ruled that stays were to remain in place. The judge asked me if I had heard of this case, and I said no.

3. He said that the precedent for refusal for stays to be lifted had therefore been set for county courts by this case.

4.I was taken aback as I had not heard of this casr, so was unprepared for his refusal.

5.The applicat had been made on several grounds including

a.)real financial hardship , backed up by documents,

b)the failure of the bank to provide bank statements under the DPA (claim instituted in Sept last year and HBOS still has not supplied statements!!!!) Had reported them to the IFO, who are currently still looking into it.

c.)The default notice they had placed was unlawful.

 

I pointed out the banks failure to supply the statements on the running of this account, despite many many requests for over 1 year , but he said that my original Partic of Claim did not provide for a demand that the bank supply the statements, therefore he could not give a ruling for the stay to be lifted on those grounds....

My original partic of claim had to be made on the ' claim of not more than £5000.00 as the bank statements have to date not been supplied by the bank' principle.

 

I told him that HBOS collections dept were harrassing me with continued calls for payment, despite my letters to them saying this account is under dispute, etc, and no more payments would be made etc.

 

He said all he could do was to issue an order that HBOS no longer are permitted to harrass me for the debt until the test case is heard...

 

I left the court almost in tears , feeling that the justice system had somehow failed the man in the street.

 

I was wondering whether I can LODGE AN OBJECTION TO HIS RULING or alternatively now MAKE AN APPLICATION FOR AMENDMENTS OF PARTICULARS OF CLAIM to include the demand for the bank to supply the staements?

 

After I left the court I felt so frustrated and defeated, but im now willing to keep going -SO ANY SUGGESTIONS WOULD BE VERY WELCOME.

 

apologies for the lengthiness of this post !

 

Take care and good luck to the rest of you.

Thanks.

[olden]

so sorry to year that eveb, You are so right about the justice system failing the public, we've been brushed aside by legal jargon, I have my oral hearing to lift stay on Friday 19th, so I am expecting more of the same, some of the clever ones on here will have a better answer for you , good luck

[jansus]

eveb it is best that you start your own thread under either your bank forum or in general there is a section for cases that have had stays

 

also this thread maybe usefull

 

Success at A and L via hardship case route

 

There is also in general a thread by crfx250 - which has a suggested letter that results from the A&L thread - but I would stress it has not been approved by anybody on this site yet.

 

Jan