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Courts can't suspend all claims - it's against human rights


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Would it not be more useful than a petition to draft a template letter detailing the points here and then everyone could send it direct to their own MP's using the link below

 

WriteToThem.com - Email or fax your Councillor, MP, MEP, MSP or Welsh, NI, London Assembly Member for free

 

A petition would get dealt with swiftly in one go, this way All Mp's would have to be involved

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the bill of rights 1689. Apparently hasn't been changed.Not sure what it means but looked good

That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;

That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;

 

And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein.

 

English bill of rights 1689 AD

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Has anyone had their stays removed by using the application for stay removal template?

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Its a bit early yet. It'll take at least a week or two for the applications to be listed.

 

Any news from the Human Rights barrister, Paul?

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Ok...Can you send it in before the claim has been stayed?

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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Hi Gary.

 

im waiting for a reply to a couple of questions that i have asked, the consensus was that it may not be compatible with the convention rights to impose an indeterminate stay on claims but he did point out that the Human Rights Act is not an absolute charter or bill of rights but more of a balancing of rights , he refered to the case of R(Daly) v Secretary of State for the Home Department [2001] UKHL 26 i know its not related to bank charge claims but he pointed out that this case highlights the balancing of rights between the state and the individual which is required under the Human Rights Act.

 

 

 

 

i have sent off some more details on my case and am waiting for a response,

 

 

when i get a full reply i will post it here

 

regards

 

paul

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Please take BW's advice in post 8.

 

I can't go into details because the claimant signed a confidentiality agreement (there was few grand on the table) but I can say that not all courts are staying cases.

 

In fact some of the more senior District Judges have expressed their disappointment with this turn of events & have indicated they may proceed to hear cases anyway

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Please take BW's advice in post 8.

 

I can't go into details because the claimant signed a confidentiality agreement (there was few grand on the table) but I can say that not all courts are staying cases.

 

In fact some of the more senior District Judges have expressed their disappointment with this turn of events & have indicated they may proceed to hear cases anyway

 

I have done this, my claim has been in the system since Marcha nd the bank were gonna offer, but then fobbed me off all week until this announcement. They are now asking for stays on all claims.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

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un1boy vs Experian - Default removal

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Southampton County Court is carrying on as normal, i hjave just been speaking to a contact who is a DJ at the court and he told me its business as usual. all cases are being dealt with on a case by case basis so i agree with Joncris that we should all carry on as normal

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When hubby rung Southend court monday, the clerk there said she couldnt access our file as it was currently being looked at but she said she remembers that it had been stayed. after hearing a lot of what people have said, i dont think we will listen to the clerk and if a court order hasnt come through the post by latter part of next week, will get hubby to ring again and find out what is happening, as Abbey put in their defence around 13th July.

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JonCris, not had the order yet. Am waiting for it. they haven't even given us a court date yet either!!!

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Uniboy i am the same as you, waiting on it go come through, I wasnt at the stage of having a court date, abbey had defended and was waiting for the AQ / next directions when the test case was announced

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Well I must be one of the unlucky ones. Went into Bournemouth court on Monday to deliver my papers for hearing on the 6th September and was told by the office that all claims cases were being looked at with a view to whether they should be stayed. I asked specificaly whether A&L had asked for a stay in my case and was told they had not.

Tuesday the deadline passed without me being served with the defences papers and so I sent a fax to nudge them with a view to asking for judgement by default next monday.

Then today I recieve a letter from the court telling me my case has been stayed pending the outcome of the OFT case!:mad:

It does state that I have 21 days to appeal, I don't know if that is standard but I certainly plan to take them up on it. I think I'll wait a week to see if more cases get stayed without request and for a consenus 'best approach' to appear.

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Is it not now time for you to send in the Application to get the stay lifted.

 

I think the Draft text is here ion this site.

 

I ands many others are waiting to see the outcome of these applications to get the stay lifted. Think it will cost another £35. But worth it to get the stay lifted.

 

Very best of Luck...

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Burton You need to find out if the defendant requested the stay. If they didn't then your matter should have continued as normal.

 

The court should not be acting on behalf of any particular party & to do so in this situation is a clear example of bias

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Sorry Guys bad News for all at southend court.

 

Received this this morning.......

 

Further to your email dated 30th July to the court, i can confirm that all small claims regarding bank charges within this court are being stayed pending the outcome of the proceedings currently under way in the High court.

 

I can confirm that due to the high volume of such claims within this court, there is a slight delay in the processing of the Orders staying the claims. However, the appropriate orders should be sent out within the next couple of weeks.

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Sorry Guys bad News for all at southend court.

 

Received this this morning.......

 

Further to your email dated 30th July to the court, i can confirm that all small claims regarding bank charges within this court are being stayed pending the outcome of the proceedings currently under way in the High court.

 

I can confirm that due to the high volume of such claims within this court, there is a slight delay in the processing of the Orders staying the claims. However, the appropriate orders should be sent out within the next couple of weeks.

 

Scandalous.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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totally agree.

 

It bugs me that a judge can decide this without even bothering to look at any information from anyone. (obviously fancies a couple of months of doing nothing). I hope that everyone attending Southend sends Judge Dudley a request to have the stay set aside, so that he is so snowed under with paperwork, he will wish he never made this decision.

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totally agree.

 

It bugs me that a judge can decide this without even bothering to look at any information from anyone. (obviously fancies a couple of months of doing nothing). I hope that everyone attending Southend sends Judge Dudley a request to have the stay set aside, so that he is so snowed under with paperwork, he will wish he never made this decision.

 

 

I wonder i f he is a sharholder?!

 

I don't think they should be allowed to hold them because they are meant to be impartial.

Disclaimer: Anything I write in these forums is my personal opinion and offered without prejudice. If in doubt, please seek independent legal advice.

 

*If what I have told you in this post has helped, please press the star at the bottom left and tell me!!*

 

My charges claims:

un1boy vs egg *SETTLED* | Un1boy vs LTSB-SETTLED | un1boy vs Black Horse-SETTLED | Un1boy v Smile *WON* | un1boy v HSBC - SETTLED! | Un1boy's HSBC CC - SETTLED! | Un1boy vs Co-Op *SETTLED* |un1boy vs Co-Op CC *SETTLED*

 

Default removals:

un1boy v Equifax - Default removal

un1boy vs Experian - Default removal

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Hi All,

 

we are expecting to find out in the next couple of days if an attempt to get a stay lifted from my case has worked. as you will be aware i have been seeking help from a barrister has a great deal of knowledge in Human Rights. i dont want to get hopes up at this stage but hopefully should our attempt prove successful i will post our arguement on here. i have been told we are looking at a 50-50 chance as the courts will look to balance the rights of both parties in this case and could consider it fair to hold on until the outcome of the test case to clarify a point of law which is relevent in all cases relating to bank charges. i have been told to ring the court in the next day or so. i will let you all know what happens then

 

 

 

regards

paul

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