Stays & test cases to be heard

[Glenn UK]

I'm not certain that anything other than a hearing to determine the merits of a claim are relevant in terms of what the court needs to know in this instance.

 

If so every instance of case management or hearing to decide a stay or not would need consideration.

 

The only instances of court hearings relevant would be those where a bank or cc company had set foot in court to defend and a judgement was entered.

 

JMHO

 

Glenn

[mcuth]

I'm not certain that anything other than a hearing to determine the merits of a claim are relevant in terms of what the court needs to know in this instance.

 

If so every instance of case management or hearing to decide a stay or not would need consideration.

 

The only instances of court hearings relevant would be those where a bank or cc company had set foot in court to defend and a judgement was entered.

 

That's the sort of lines I was thinking too Glenn.

However, with the Egg case and LTWFB's hearing, I think I'll leave it as referring to the "vast majority", just to save any potential pitfalls

 

Thanks for your help folks - I'll post that letter tomorrow & see what happens - will update when the court come back to me...

 

Cheers

 

Michael

[mcuth]

EDIT: I just tried to post the list of 244 settled cases that I used (28 Lloyds cases were extracted from that) - used what Joa supplied & added in some extras from the more recent settled lists. However, the formatting came out FUBAR! If one of the Mods knows a file storage area so it can be linked from BF's "Application for Removal of Stay" thread, maybe they could assist?

 

Cheers

 

Michael

[breadline]

Hi mcuth

I am concerned as i recieved a stay dated 13th october, i have not been well and can only now realy take thsi matter in hand.

 

However it does not state on my paper I had 7 days? Im very cross now as i wanted to appeal to have a court date.

 

My letter in thread linked below.

Its a very short letter only 5 small not full lines.

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/41880-stay-pending-bristol-hearing.html

[maroonfox5]

Mcuth......

 

Nice letter just copied and pasted for ref cheers

 

MF5

[GaryH]

Mcuth,

 

Can't remember whether I told you this already, but I got my stay lifted at an application hearing in front of District Judge Karron last week. I made it plain that unless a test case could be forced through somehow, the banks just won't let one go to trial, which renders a stay pointless in its origional objective and beneficial only to the defendant. He accepted the arguement and lifted the stay, so hopefully that may bode well for you and anyone else who's case has been stayed at Swindon CC. Send the letter and see what happens.

[mcuth]

However it does not state on my paper I had 7 days? Im very cross now as i wanted to appeal to have a court date.

 

Hi BL - I think if it doesn't state 7 days to apply for a set aside for the stay, you should be ok either doing the application, or sending the letter. I was well outside the 7 days anyway, just waiting to hear the reply now....

 

Nice letter just copied and pasted for ref cheers

 

Thanks

 

Can't remember whether I told you this already, but I got my stay lifted at an application hearing in front of District Judge Karron last week. I made it plain that unless a test case could be forced through somehow, the banks just won't let one go to trial, which renders a stay pointless in its origional objective and beneficial only to the defendant. He accepted the arguement and lifted the stay, so hopefully that may bode well for you and anyone else who's case has been stayed at Swindon CC. Send the letter and see what happens.

 

Nice work - thanks for the update Gary! ISTR that you were due for a hearing, but didn't know the result of it - like you say, should bode well for those of us stayed through Swindon What happens next on your case then?

 

Cheers

 

Michael

[GaryH]

Just got my directions from the court, so I'm in a bit of a flap at the moment trying to get everything up together. Just about sorted it now though (I think!)

Court dates still to be confirmed, but it'll be some time in December.

[mcuth]

Well I got my reply from the court today (quoted verbatim, so forgive the poor grammar & punctuation ):

 

Dear {mcuth}

 

Re: {mcuth} v Lloyds TSB Bank PLC Case No 6SN02738

 

The District Judge has considered your letter dated 23rd October 2006 to the court in relation to the stay that the court has ordered in this case and 6SN02736.

 

In both cases the court has stayed the actions pending the outcome of test cases that will be dealt with shortly. All cases of this type, of which there have been a considerable number in recent times for reasons well known, are being stayed pending the outcome of the test cases. However you are entitled to apply to have the stay lifted and the District Judge has said that if you wish to make such an application clearly you may do so but you must make a formal application, preferably on form N244 and pay the fee.

 

The fee may be £35.00, application without a hearing, or £65.00 for an application to be dealt with at a hearing.

 

A fee of £35.00 is where the applicant suggests that at least to start with the application can be dealt with as paperwork by the District Judge, that is without attendance by any party. The District Judge may make the order required by the applicant or such other order as he or she sees fit to make. If the judge decides the matter needs to be dealt with at a hearing then he instructs the court office to fix a date and a fee of £65.00 becomes payable, and the court would ask the applicant for the additional fee.

 

In the event that £65.00 was paid when the application was first issued, if a hearing was set then no additional fee would be payable, however if the judge made the order without a hearing, the court would not refund the overpayment.

 

Yours sincerely

Ok, so still no detail of the "test cases that will be dealt with shortly", and thus I'm unable to see which "test cases" they're referring to and monitor the progress of same - especially as these "test cases" won't even get heard

 

As regards forcing me to apply to have the stay lifted - I'm sure this is some breach of human rights legislation. Either I can be satisfied at waiting til March, or I have to throw £35/£65 into a black hole to force the matter with no chance of recouping that money. In fact, on my Egg case, £65.00 is almost the entire value of the claim!

 

At the moment, throwing £35/£65 away for each case (so £70/£130) simply isn't an option either *sigh*

 

Cheers

 

Michael

[gizmo111]

Ask the court who are the test cases and when? Theyve prob been settled anyhow.

[angry cat]

Re: Egg-

Michael there is a principle here!

 

IMHO We cannot give Egg even a centimetre, make the Application to have the Stay lifted on the N244, I know it is another £35 but you could try and claim that extra amount back from Egg, because if they had settled your Claim in the first place, then you would not have had the exrta expense in getting the Stay lifted!

 

Go for it...I certainly will be.

 

Love AC

[mcuth]

Giz - I'm just drafting another letter to the court to get that info & ask them about exemptions.

 

AC - yeah, I know there's a principle at stake, but I don't believe that £35/£65 is recoverable at all. It would be my request to the court to have the stay lifted, it's not an "essential" cost to the case like issue/AQ/etc..- i.e. there's some choice about it. It just doesn't make any sense whatsoever to throw an unrecoverable £35/£65 into a case that's only worth £85.22! In fact, my Lloyds case is worth £354.66 and I'd have to think seriously about it for that one.

 

Of course, if I actually had the £130 (max) to hand for these 2 cases, I might be thinking differently. The overriding problem right now is that I've been unemployed since July and am on contributions-based JSA, so I don't get an automatic exemption from court fees until February when I'd go onto income-based JSA which is on the list of exemptions. I'll need to check with the court whether I can get an exemption (especially before I issue on the RBoS claim )

 

Cheers

 

Michael

[Kathymc]

Hi could Joa (or anyone else)please also send me a copy of the sample list of the 244 county court claims and if poss the list of 28 county court claims where lloyds tsb were the defendant etc as in mcuth's posting thanks.

[mcuth]

Hi could Joa (or anyone else)please also send me a copy of the sample list of the 244 county court claims and if poss the list of 28 county court claims where lloyds tsb were the defendant etc as in mcuth's posting thanks.

 

I can do this - just PM me your email address.

 

Cheers

 

Michael

[mcuth]

Sent the following to the chap in the Listings Section today:

Dear Mr X

{mcuth} v Lloyds TSB Bank PLC – claim number 6SN02738

&

{mcuth} v Egg Banking PLC – claim number 6SN02736

Thank you for your letter of 8th November, received on Friday.

In your letter, you mention the test cases that are awaiting outcome:

“In both cases the court has stayed the actions pending the outcome of test cases that will be dealt with shortly. All cases of this type, of which there have been a considerable number in recent times for reasons well known, are being stayed pending the outcome of the test cases.”

Could you please provide some detail on these test cases (case number, court, etc..) in order that I may monitor the progress of same? As I’m sure the Court has probably ascertained, I’m a member of the Consumer Action Group, and it is very likely that the test cases would’ve been brought by one of my fellow members. Further, as I explained in my letter of 23rd October, it is highly unlikely that any of the propsed test cases will actually be heard.

Whilst I appreciate the District Judge’s direction to file an N244 to apply for the stay to be set aside, this would be likely to cause me hardship. It is my understanding that the £35.00/£65.00 fee is unrecoverable from the Defendant should judgement be found in my favour. I am currently unemployed, and have a claim in for contributions-based Job Seekers Allowance – would I be likely to receive a fee exemption (I understand that only income-based JSA counts towards automatic fee exemption)?

In additon, in case 6SN02736 versus Egg Banking PLC, the total amount of the claim is £85.22 – if the N244 fee is unrecoverable and I don’t qualify for a fee exemption, it would not make any financial sense to apply for the stay to be set aside.

I look forward to your early reply & appreciate your assistance.

Many thanks

Yours sincerely

 

{mcuth}

 

Let's see what this does....

 

Cheers

 

Michael

[Number6]

I would delete your case number in your copy letter!

 

Pete

[mcuth]

I would delete your case number in your copy letter!

 

Why?

 

Cheers

 

Michael

[stadium_arcadium]

would I be likely to receive a fee exemption (I understand that only income-based JSA counts towards automatic fee exemption)?

 

Hi Mcuth, you might be able to pay a reduced fee (or none at all) by filling in an exemption form. I did this for my stay whilst I was in the court, and after checking it over the clerk allowed me to only pay £10. If I had gone home and filled it out properly (ie had exact figures for my outgoings) I probably wouldn't have had to pay anything. Might be worth a try if all else fails, or you could fill one in and ask the clerk to check it over, without actually using it:)

[mcuth]

Hi Mcuth, you might be able to pay a reduced fee (or none at all) by filling in an exemption form. I did this for my stay whilst I was in the court, and after checking it over the clerk allowed me to only pay £10. If I had gone home and filled it out properly (ie had exact figures for my outgoings) I probably wouldn't have had to pay anything. Might be worth a try if all else fails, or you could fill one in and ask the clerk to check it over, without actually using it:)

 

Thanks for that - I'll have a look at that next week when I should be issuing against RBoS - if I get the exemption there, I'll be going N224 on both Egg & Lloyds

 

Cheers

 

Michael

[Number6]

Why?

 

Cheers

 

Michael

 

Your choice of course, but your case numbers are personal information and can be harvested and used by others. You can be identified via a case number.

 

It's no problem except for that.

 

Pete

[mcuth]

Pete

Your choice of course, but your case numbers are personal information and can be harvested and used by others. You can be identified via a case number.

 

It's no problem except for that.

 

I figured that might've been where you were coming from - I'm really not that fussed about it. I've been here since February and not had a moments problem. I'm guessing those hundreds of folks with case numbers in the litigation fora aren't that bothered either.

Thanks for your concern though.

 

Cheers

 

Michael

[angry cat]

Michael,

The following is the list that I manually compiled as Annexe 2 to compliment BF's wording on the N244 'Application Notice' to have one Stay set aside.

 

In my case the Application Notice was in respect to my Morgan Stanley Claim.

 

I actually paid the £65.00 for the application Notice. However, MS paid up prior to the Application Notice hearing, they paid the £65.00 fee, an extra court fee, caused by their non settlement of my Claim, prior to Issue.

 

The following list is just the 223 cases as stated by BF, I hope that it will assist you.

 

http://www.consumeractiongroup.co.uk/forum/general/46611-stays-sample-list-223-a.html#post369046

 

Keep the Faith

 

Love AC

[Number6]

Pete

 

 

I figured that might've been where you were coming from - I'm really not that fussed about it. I've been here since February and not had a moments problem. I'm guessing those hundreds of folks with case numbers in the litigation fora aren't that bothered either.

Thanks for your concern though.

 

Cheers

 

Michael

 

No worries.

 

Pete

[angry cat]

Whoops!

Somehow the list to the above post was was missing?

Anyhow, I have edited the above to include the list

 

AC

[mcuth]

Hi AC

 

Thanks for that - I'm still hoping a mod will come across this thread and let us store a spreadsheet of them all somewhere. I already got the list and added some more recent ones (really should have even more added) to bring the list up to 244

 

Cheers

 

Michael