Jennifrance1 v Yorkshire Bank

[Jennifrance1]

Thanks Dera

 

I had heard that it was just cases going through OFT that were being suspended and that small claims courts were being left to jedgement of whichever judge was hearing case.

 

A couple of threads on this site have got charges back after test case started so I'm hoping that any cases currently in court will still be dealt with. Will keep you posted.

[dera2005]

Jenni,

 

Many thanks for that i could be wrong but thats what was on tv yestaday and yorkshire bank was one that was mentioned.

 

If you find out any more infor please do let me know.

 

I hope that they do settle your case

 

Keep fighting... and dont give up

 

Kind Regards

 

Dera.

[Jennifrance1]

Have been waiting to see what YB would do now test case is under way. I have now found out.

 

Got letter from CB yesterday saying they were applying to have a 'stay' placed on my claim until test case is settled. In same post got letter from court stating that 'stay' had been granted and that hearing date had been cancelled. Court says that either party can apply to have 'stay' removed but can anyone help with advice as to what to do now? Am so angry but don't want to let that affect my judgement or decision as to what can be done now.

[breezyd2]

hi Jen,

i got exactly that same letter but followed a link on hils's thread by caro for the letter requesting stay not be granted. courts will decide themselves which they will stay and which they wont so dont worry too much just have your paperwork bundle ready for the day..like somone states on here if you comply with all requests and the banks dont they are in default and your not. that way the judge should find in your favour.

chin up.

Jackie:)

[breezyd2]

i hope this works jen, here is that link

 

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

 

its the second one you need

[Jennifrance1]

Thanks Breezy - was getting really angry and worried. Will continue but wasn't sure if fact that court has already ordered that there be a stay would make a difference.

 

Anyone know how I get court to set the stay aside. Is there a template letter I could use?

[Jennifrance1]

sorry Breezy

 

just seen your link in second post - will follow your link and see what happens

[Jennifrance1]

Does anyone know if it makes a difference if you have actually had an order from the court granting the stay?

 

I recieved the letter from CB saying they were applying for the stay and the letter from the court granting the stay in the same post. Letter from CB unusually had a date of 31st July on it but didn't arrive until 9th August. Annoys me that they didn't tell me about stay until after they had applied and it had been granted. Presume this was because they did not want me to be able to stop them. Barstewards. Knew this would not be easy after reading threads on this site, but did not know it would be this difficult.

[hilaryfrances]

Hello Jenni. I have replied to you on my thread but in case you dont see it will reply on here as well. Send in the letter asking for the stay to be removed and carry on with your court bundle until you hear from the court. Whereabouts in the country do you live? Hilary

[hilaryfrances]

PS template to reqewst removal of stay on my thread suppplied by Caro, be sure you get right one. Hils

[Jennifrance1]

Anyone got any advice. Am in two minds about applying for having stay lifted. I am aware that the possible results could be

 

1 Stay could be lifted and case will go ahead and judge could find in my favour

 

2 Lifting of stay could be refused

 

3 Stay could be lifted, case goes ahead but judge decides in banks favour because of ongoing test case, in which case if the test case goes against the bank I will have lost out.

 

Now not sure what to do.. HELPPPPPPPP.

 

May have to go and sleep on it - again - and watch the site for a couple of days to see what advice is given.

 

Anyone else feeling the same way?

[caro]

Unless you want to wait for your money I think you should definitely apply for the stay to be removed. YB have yet to submit a bundle, let alone enter a court room to demonstrate the charges are lawful, so I don't see how you have anything to gain by waiting.

[Jennifrance1]

Thanks Caro

 

Think it must be time of night - leads to paranoia and panic. I suppose if everyone that has had a stay entered against them all apply to have them removed then banks and courts will have to take us seriously.

 

Presume court will have cancelled 12th September hearing but at least it gives me a little longer to work on court bundle.

 

Will be interesting to see what happens next.

 

Thanks for support and all help from everyone on site - we wouldn't have got this far without you all.

 

Jenni:)

[caro]

Don't presume anything, and each case should be taken on its merits. Not all courts are staying claims, so don't let all the hype deter you.