Phil Williams v Yorkshire Bank

[pjwill1]

Hi,

 

I need some advice again.. I got a letter from the YB saying they were applying to a stay put on my case, however, I have not heard anything from the courts. Does this mean my case is still on? I believe I should only take direction from the court

 

Cheers

 

Phil

[hedgey06]

Correct! The case is still on until you hear officially from the court otherwise. And you only take action against the stay once you've been notified by the courts that a stay has been granted on your claim.

 

It could be worth phoning the court on Monday morning to see if a stay has been granted though as many courts are behind with the paperwork at the moment Phil.

 

Good luck - I hope your court's proceeding with your claim

[Jennifrance1]

A lot of us here on CAG who are after the Yobbo Bank have already received stays from the courts that arrived in same post as letter from YB telling us they were going to apply for a stay. It took YB letter over 10 days to get to us and only one day for the courts letter!

 

Advice seems to be mixed between applying to have the stay removed or just accepting it for now.

 

If you apply to have it removed, you have to be able to prove that you would suffer hardship if the case is not allowed to proceed - there is a link to having the stay removed which also lets the court know that you would be in a difficult position financially if the case is stayed. Would post link but can't find it at moment. If you have a trawl through some of the recent threads, you will probaably find it and if I find it in the mean time, will post it for you.

 

Keep the faith - we will win

 

Jenni

[pjwill1]

Thanks All for your help.

 

I still have had nothing at all from the courts, therefore, today my court bundle has been sent, next day recorded delivery.

 

I will keep you all updated to my progress

 

Many Thanks

 

Phil

[pjwill1]

Hi,

 

I have read on this site that a court bundle should be recieved by the courts and the bank at least 2 weeks before the court date. I can confirm that my bundle was recieved within the time allowed, however, I have not had any court bundle from YB. Do I assume that the defence they filed several months ago is the only document that they should send to me? There is no less than 2 weeks to go until my case is heard

 

Regards

 

Phil

[pjwill1]

Evening all,

 

Tomorrow I am due in court at 10am. I have to admit I am now quite nervous. Does anyone have any tips on what to say and what not to say??

 

Cheers

 

Phil

[hedgey06]

Hi Phil,

 

Have a look through these threads:

 

Court Date? - A Guide to Different Hearings

GOT A COURT DATE? A guide to the later stages

 

Court Guidance Notes

http://www.consumeractiongroup.c o....uidance-notes/

 

The second one in particular will give you an idea of how to conduct yourself tomorrow.

 

Don't forget to take 3 of the templates http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 completed with your own details to the hearing (try to ensure that you personalise the template as much as possible) just in case the bank try to apply for a stay at the hearing.

 

And above all, very best of luck Phil. x

[JulesTools]

Hi PJ

 

Good Luck

 

Did you ever get the bundle through from YB ?

 

Let us know how it goes Phil

 

Jules

[georgieboy]

The very best of luck phil - everything crossed for you matey.

[caro]

Any news?

[hilaryfrances]

come on matey you are keeping us in suspenders:D

[pjwill1]

Morning all,

 

Apologies for not responding yesterday, I had a car accident on the way home!!

 

Yesterday the judge had stated that he had orders from the high court in Leeds that all cases should be stayed. He said that he didnt agree with this and was willing to listen to anyone who thought their claim would not be covered by the OFT test case. As I was unsure what the test case will actually deliver I said that I would accept the stay at this moment in time.

I will need to do some more research around the test case before asking for the stay to be lifted.

 

Needless to say it was a very poor day and I had to wait for 4 hours before being told this!!

 

Any advise anyone?

 

Cheers

 

Phil

[caro]

Was it the high court or the Mercantile Court in Leeds - and did he say the word order?

 

BTW. Sorry about the accident. Hope no-one was hurt.

[pjwill1]

He did use the word order.. there for 50 or so of us in there yesterday and I dont think anyone left happy.

He did say that the latest information is that the test case will be in early January (not sure if that had been communicated or not)

 

No one was hurt in the accident, thankfully

[pjwill1]

sorry, yes it was the high court

[caro]

Ah well, I guess we shouldn't be too surprised, but I'll be surprised if the case is settled in January, and if there are appeals etc, it could be longer. At least you haven't lost.