Cardiff directions hearings *POST HERE*

[MrDinkle]

Yes - got my letter - just scanning in a copy for all you litigious types. Give me 5

[MrDinkle]

here we go, just removed my personal details.

Stay Order

 

Cover Letter

[MoneyKing]

It is so unfair! But no worries, make sure you fight back! Go for the removal of the stay option and see where it gets you....

[1234debt]

Thanks for that Mr Dinkle!

 

I just spoke to a guy dealing with the reclaiming bank charges cases at CCC. I explained that in my original POC I used template letters that didn't raise the issue of my reclaiming under the Social Security Administration Act and asked if I could ask for a removal of a stay, he said I didn't need to send in an N244 application but merely write a letter setting out my objections and mentioning the fact that the charges were taken from a benefit. I was wondering if I could use the sample that GaryH kindly put togther on the 'Application for a removal of stay' thread on the templates bit or is that too formal?

 

Any help would be greatly appreciated!

[kashie]

Also recieved identical letter to Mr Dinkle this morning.

 

Do I have to ask the court to send me an N244 form before I can apply for the stay to be lifted?

[kashie]

Hello 1234debt,

I'm interested in what you are saying here as my charges were also taken out of money given to me from the benfit office. How does this affect things?

[1234debt]

Hiya Kashie, the man at CCC said that I didn't need an N244 application and should just write a letter in as soon as possible setting out my objections to the stay. In the templates section GaryH has put togther a template for the N244 application http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

so I'm just going through it now and editing it to fit my case. As we are considered 'hardship' cases' the court should allow for the stay to be lifted and our claim to be heard on the 14th.

When I've finished I'll post it up for you to have a look at and hopefully get some advice before I post it off.

[kashie]

Thank you loads much apprecitated.

[1234debt]

Claim Number:

Claimant:

Date:

I respectfully request that the stay which was ordered on my claim be removed.

 

I, the claimant rely on the following grounds.

 

I am on a low income and have suffered hardship as a result of the Bank’s charges. I will continue to suffer hardship for a much longer period if the stay is allowed. The Banks have virtually unlimited funds by comparison. I like many other claimants would be financially prejudiced by the matter going off for a long period, not just by the fact that if I win I will have been deprived of my money for a much longer period, money that would have made a significant difference to my life, but also the fact that in the meantime the Banks can continue to charge me their outrageous penalties, incurring further hardship upon me, for he period of the stay.

 

In my case I claim(insert claim amount here) in charges unlawfully levied by (insert banks name here). This is a large sum for me but a negligible sum for the Defendant. It is of no consequence to the Bank that I may be deprived of an opportunity to resolve my dispute as they are under no financial pressure to resolve the case fairly and speedily. I on the other hand am extremely anxious to have my case determined as speedily as fairness permits and the comparatively low amount of money involved, so far as the Bank is concerned, does not warrant the resolution of the dispute being delayed any further.

 

Another additional argument in my case is the fact that I am in receipt of (insert benefit name here) which were paid directly into my account.(I'm using past tense here as the bank closed my account) The category of the benefit I receive is deemed as inalienable under the Social Security Administration Act 1992(s.187) which states as follows:

 

187. – (1) Subject to the provisions of this Act, every assignment or charge on –

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(a) any income-related benefit; or

© child benefit

And every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

My argument is that penalty charges by the Bank amount to an unlawful charge under Section 187.

 

 

 

 

 

 

Again, a BIG thanks to GaryH, I hope I've done your original text justice with my hack job!

 

 

Hope it helps Kashie!!

[kashie]

This is great 1234debt but are you still including the other parts of the arguements in the original stay lift application arguement written by GaryH?

[kashie]

Have you also got a copy (or know where I can get one) of the Social Sercurity Admin Act?

[saintly_1]

Social Security Administration Act 1992 (c. 5)

[kashie]

Letter compiled signed sealed now just needed to be delivered.

[smutley]

did you combine the benefits bit with the garyH letter?

[kashie]

Yes I did. Even though had no reply to the question I thought it better to have more than one arguement towards litfting the stay.

[smutley]

cheers, will put mine together tonight (although no official letter yet!) and I presume just in letter form with attachment - no need for N244 form?

[clubber]

Hi, I have read your threads with interest and, without commenting on the rights and wrongs of awaiting an order or contacting the court, I would like to make the following points;

 

I think that the more claimants applying for a stay the better- it cant do any harm.

I think the differing justifications for the applications to stay may result in different outcomes as the 'hardship cases' are supposed to continue from the OFT and FSA stuff I have read.

I have my case on Wednesday, following B's back tracking on firstly honouring, then retracting their initial offer to me. Anyway, I have included a 2nd statement in which I give my individual arguments for the case to be found in my favour, including a paragraph making reference to names court staff informing me that no blanket stays are in operation at that court, and no application received by B's to stay, and therefore that the Claimant has not made an application for the removal of a stay. (thought this last bit may be of some assistance).

 

I have also written;

' in the absence of any application by the Defendant for a stay in this case and, given that the Defendant, to my knowledge, has not adhered to the order of the directions of the court in supplying the documents and evidence requested, the Claimant respectfully requests that the court be minded of the OFT test case agreement (of which the Defendant is a partner) release (page 4, response to question 12, line 1) which reads 'It will be for the courts to decide in relation to claims made to them' and may therefore consider making an order pursuant to rule 3.4 (2) © of the civil procedures rules, or such order that the court deems just, finding in favour of the Claimant for the full amount of the claim plus daily accrued interest up to the date of the judgement'. (have a few full stops in the proper version, just copying this at work from my rough draft).

 

It continues;

'Should the court consider that this course of action is not appropriate I respectfully request that the court finds in favour of the Claimant for the amount of the initial settlement offered by the Defendant on 2nd June 2007 plus reasonable costs associated with the claim'. (this bit may not be of much use to you guys- as in my case, the original settlement was offered AFTER my MCOL claim was deemed served and i consider it to be still valid and I have reckoned that my expenses claim will make up for the short fall between the original offer and the full amount).

 

hope this makes sense and best of luck to me and all you guys & gals out there!!!!!!!!1

[clubber]

PS - DAR£N, I take back my comment about taking the original offers as , although I was offered this they have since withdrawn it although the original settlement offer was in writing and was still valid when I accepted it on...yes youve guessed it the 27th July (just before Quinn was about to settle). I am using this unreasonable approach by B's as a basis to prevent a stay and get D's defence thrown out- OR to give the Judge another way out by reinstating my original (still valid) settlement topped up by expenses, wasted costs etc etc. Novel idea and I'm going to give it a try...many apols for hijacking here but these threads are all food for thought for us now.

[ljinno]

Hi,

I have received letter from court advising that case has been stayed. Is it best to wait for the outcome of the test case or should I object to a stay?

[claimb]

does anyone have a rough idea as to when the test case will be?

[clubber]

Personally, and I'm afraid thats all most of us can go on at the minute, I would make the application to remove the stay. This depends on how much the £35 means to you (although I read the court was not charging and advised a letter be sent rather than the N244 form (?)). If it is free, or if £35 is palatable then you have nothing to lose and will not affect the merits of your claim if your application is unsuccessful.

 

Thats what I would do and was planning to do if there was a stay at my court. But like others have siad it is up to you.

[claimb]

hi! just found the answer to my question trial starts 14 jan 08 lasting for 8 days so we are in for a long wait. no change there then!

[GaryH]

hi! just found the answer to my question trial starts 14 jan 08 lasting for 8 days so we are in for a long wait. no change there then!

We're looking at 6 - 9 months for the outcome of the initial trial, I should think. However there could then be an appeal, then even a further appeal, which could see it dragged out for 3 or 4 years or more. Thats the worst case scenario, anyway.

 

This is to your advantage in a way though, as you can argue that the length of time until the final outcome cannot be accurately predicted, therefore the stay is indeterminate and could last years, contrary to your right to a fair trial within a reasonable time. As the order does not specify a length of time the stay will be imposed for, this should form part of the application, as per the template.

 

I noticed earlier that someone said the court had told them there was no need for an N244. I've never heard of any court accepting an application without an application notice before, so I'd be a bit dubious about that to be honest. Personally I'd always put it on an N244 just to be safe.

[aloofy]

Can someone just clarify a few things for me? Firstly, Those of us who have evidence that barclays have agreed to settle, how do you think the stay will affect us? Secondly, in order to dispute the stay we need to fill in a n244 form and pay £35? And lastly do we get a n244 form from the courts?

[GaryH]

How do you mean, evidence?

 

If they made you an offer and you accepted, whether it was verbal or written, then you have a contract which you can sue seperately for breach of. Obviously if its only verbal then its harder to prove, but its a contract none the less.

 

2 and 3 you'll find the answers here -

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820