Cardiff directions hearings *POST HERE*

[olden]

Hi Jenny, Yes I have sent off my appeal, (much good it will do me) As you know something was supposed to happen at the end of September with the FSA waiver review meetings with Martin Lewis or something ? how come we never hear anything now?

[smutley]

think Northern Rock got conveniently in the way.....

[olden]

Hello people!! Today I received a court letter 'Notice of Hearing Application' in response to my appeal !! This is what it says:

 

The hearing of the claimant's applicaiton for Oral Hearing RE: Refusal To Remove Stay(see copy attached) will take place at 10.30am on the 19th October 2007 at Cardiff County Court, Cardiff Civil Justice Centre, 2 Park Street Cardiff !!

Jenny hope you get some good news now, maybe see you on the same day?

[smutley]

Hi Val, really pleased for you! I wonder if anyone else has the same notice as you? Hope they post here to let us know. Im a bit peeved to say the least with mine as I still have not received any response on my original objection to the stay put in back in August so dont hold out much hope of me getting a hearing at the same time as you.... xxxx

[olden]

Well jenny it doesn't make sense why they should not have sorted out a reply to yours even if they had lost it they have had plenty of time now? you need it because inevitably it is refused and you need to appeal so you are right they probably won't have done that in time for the 19th still keep up the good work xxx

[smutley]

When I rang last week initially the clerk thought that they had responded to me, but I had to point out to them that it was for the update to my poc/soc, then he found the objection to stay application in back of my file, but as you say, they still have had loads of time to respond. Will ring again tomorrow and play merry hell! Anyway, if you need any help with your case, Im here to help, it will also be helping me to get everything together for my case. Think I would be in mixed state of panic and excitment... I just hope justice rules this time

[olden]

to be honest I am feeling really muddled at the thought of going all through this lot again, it has been left for so long now I have lost some of the momentum and not only that, reading up on the two sites 'bundle for stay hearing' and 'skeleton argument for stay hearing' its a lot of new stuff to do as well.!!

[smutley]

once you get printing and reading im sure your momentum will come back and that madness you feel against barclays will soon get you back in the fighting mood!

 

forgot to ask, do you know which judge... hickingbottom or hendicott ?

[olden]

I forgot to mention the rest of the words in the next paragraph on the Notice Of Hearing of Application:

 

Cases are listed in accordance with local hearing arrangements determined by the Judiciary and implemented by court staff. Every effort is made to ensure that hearings start either at the time specified or as soon as possible thereafter. However, listing practices or other factors may mean that delay is unavoidable. Furthermore, in some instances a case may be released to another judge, possibly at a different court. Please contact the court for further information on the listing arrangemlents that may apply to your hearing.

[manicblonde]

Hya Olden. I have a hearing for lifting Stay at Cardiff 19/10/07. Where can I find the two bundles you mention above please as I want to be over prepared!

 

By the way my claim is against HSBC.

 

Manic.

[slick132]

Hi Manic,

 

You'll find advice and links here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/111127-new-forum-stays.html

 

Take a look at the Stickies at the top of the forum.

 

Slick

[smutley]

Rang the court today, notice on way to me dated 28 Sept, refusal to lift the stay - if I have any chance of catching up with you guys (Val and Manic) with getting an oral hearing can you let me know what you put in your objection to the refusal to lift the stay!!! Would be greatly appreciated xx Jenny

 

Court just rang me back, all I have to do is write a letter to request an oral hearing, no reasons.... do you think thats true ??

[olden]

Rang the court today, notice on way to me dated 28 Sept, refusal to lift the stay - if I have any chance of catching up with you guys (Val and Manic) with getting an oral hearing can you let me know what you put in your objection to the refusal to lift the stay!!! Would be greatly appreciated xx Jenny

 

Court just rang me back, all I have to do is write a letter to request an oral hearing, no reasons.... do you think thats true ??

 

 

Yes Jenny. I was told that and I only wrote a letter I will get you some of it later, am tied up a bit right now, but a letter is OK

[olden]

Hi Jenny

I put some of the following details;

 

22 September 2007

 

THE COURT MANAGER

CARDIFF COUNTY COURT

CARDIFF CIVIL JUSTICE CENTRE

2 PARK STREET

CARDIFF

CF10 1ET

Dear Sir

 

Re CLAIM NUMBER 7QZ51202 –V GILL v BARCLAYS BANK

DIRECTIONS HEARING 14TH AUGUST 2007 CARDIFF COUNTY COURT – STAYED.

 

I am in receipt of your N24 General Form of Judgment or Order dated 14 September 2007. I would like to ask you why you say, and I quote:-

‘upon reading the submissions objecting to the proposed order of stay’ that ‘the submissions be treated as an application’ when I delivered an ‘Application N244’ together with an amended ‘Application N244 asking for an oral hearing? WITH the objections.?

 

Will you please accept this letter as AN OFFICIAL APPEAL against your decision to refuse my application to remove the stay, on the grounds of my personal hardship. xxxxxxxxxxxxxxxxxxxxx xxxxxxx xxxxxxxxxxxxxxxx

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx and only since xxxxxxxxxxxxxxxxxxxxxxxx have we incurred these penalty charges. This is as a result of xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. xxxxxxx

 

We are living on an overdraft limit of £5,000, which over the last year I have juggled to keep under the limit by transferring amounts to 0% interest rate credit cards and even last week we went over the limit by £34. and incurred a charge of £30. This penalty charge, is illegal, as has been proclaimed by many MPs and BBC investigations etc. NO complaints would ever have been made had the true cost which is said to be in the region of £2.50 been charged to everyone.

 

My claim amount when the interest was last calculated was for a considerably small amount to Barclays Bank £1091.76 plus £120.00 court fee, but a significant amount to me.

 

Could you please reconsider your decision and give me a speedy oral hearing

 

Yours sincerely

 

So yes Jenny I would say a simple letter would do, they obviously must be allowing anyone who appeals? is that possible?

[smutley]

Thanks Val, the actual judgement arrived today as is exactly the same as you originally had. I will base my letter along your lines and add that as my application was 'filled' by the court before reply that I request oral hearing for 19 Oct - I can but try and might get to meet you, which I think would be the highlight of the day anyway!!

[olden]

Hi Jenny I was wondering how I could let you know the personal details which I left out of this ? I haven't PMd anyone yet?

[smutley]

Hi Val, not sure if you have your account set up for private messages, as tried to send you one and you've not got that option...check out your user cp and edit your profile... but you click on my name and then you see send private message... ive done the letter now and emailed it off to court, going to fax and rec. del tomorrow so they will have no excuses this time about losing my letter! Read your concern on MB thread, and cant offer any help really as I did my claim on N1 to court, but would think that as you have got this far your claim is fine, hope you get an ans from garyH

[olden]

Hello jenny and all I wondered if you would be interested to see what response I got from Martin when \i asked this::

Quote:

Is there any way we can get a message to Martin The problem is it all seems to have gone quiet on the guidance side lately. We are really working hard over on the CAG with all the letters and contacts with MPs MOR, FSA etc. complaining of the illegal action of the FSA in agreeing to the waiver etc. We need more support.

 

 

Agnes - trust me - we're working on it too.

 

The Fighting Fund is looking at more cases, the bank charge spetition is now the second biggest on the govt website, I've been pushing the OFT for clarification on credit cards reclaiming and the stay for those in financial hardship (and we're expecting news this week).

 

There's a new guide coming next week to reclaiming credit cards to make that easier for people. No ones given up - yet battling the instititutions of state isn't easy and is a different game to using the courts

 

Also with the stay on - the media have gone quiet and its much more difficult to get coverage of the story.

 

Martin

[smutley]

well done on your reply from Martin, but I get the feeling that we are really being told to sit and wait ... we are still battleing with with the courts, the MOR did not order a blanket stay and yet that is what judges are doing... Martin is on the TV every week with Lorraine Kelly, he could mention our plight now and then. We will continue to wait and see what the news is this week!

[tezl]

i agree smutley,

theres nothing more frustating than a injustice being carried out and your voice is not being heard.it dose seem that the people who could bring this to a mass audience are not.

[olden]

HI GANG, BAD NEWS I THINK, I JUST PHONED THE LITIGATION TEAM IN LONDON AND GUESS WHO ANSWERED ONLY SHARON WHO WAS ABOUT TO DEAL (AND PAY OUT OR NOT) WITH MY CLAIM WHEN THE ANNOUNCEMENT WAS MADE... THEY ARE SENDING A BARRISTER ON 19TH AND SHE ACTUALLY SAID THEY ARE NOT PAYING OUT ANY MORE CLAIMS UNTIL THE RESULT OF THE OFT CASE. SHOCK HORROR WE ARE WASTING OUR TIME:mad:

[smutley]

Hi Val, you are doing a fantastic job I only wished I knew if I was going to be there with you. Remember its not up to barclays to state if they are going to pay or not, its the judge and anyway, this hearing is to get a lift off the stay of a directions hearing. I wonder how many others off this site have the same date... if so they are keeping a low profile! I m off in the morning to Lancaster at 4 am so an early night for me. xxx

[tezl]

spoil sport

[smutley]

still here, how am I going to sleep at this early hour anyway!

[tezl]

think vals settled down a bit now,

know what you mean about sleep,seem to remember retiring about 11 to 11 30 before all this started.must be adrenelin,but when dose that stop.

think it may be more to do with using computer perhaps.dont know what else to use it for.

is there any threads you can go on to have ago at things where you can say what you want without being deleted.

need a good blow out now and then.

tez