Application for removal of staty

[lateralus]

and here's a message yesterday from bookworm:

 

People, if you come across threads which have been settled or won in court since the OFT announcement, can you please report them hitting the button, clearly indicating that this is a post OFT one? We need to rebuild confidence as much as possible, and the sooner people see that banks are stil paying, the sooner we can derail the sense of doom and gloom on the forum. Thanks in advance.

 

 

note: doom and gloom???? she can't be watching this forum - we are in party mode most of the time!

[jowalshy]

Are you sure that "doom and gloom" is a woman????

[freakyleaky]

Yes it is my sister-in-law!

[jowalshy]

Is she another "scally" lol

[freakyleaky]

[Castlebest]

My only worry comes from a little spat GaryW and Andy William, had in the Barclays forum, this is gary's post

 

Quote:

Originally Posted by Andy Williams

The best bet for everyone concerned is to place application for a set aside immediately. This gives the best chance that the 14th could be used as an enblock appeal. If you ring the court they will tell you what the order actually says

Originally Posted by GaryH

You're not "appealing" - your applying to set-aside an order. You cannot apply to set-aside an order which you have not received!! Its presumptuous and actually quite ridiculous. The contents of the application will depend on the actual terms - for instance is the stay 3 months, 6 months, indefinate? You won't know until you get it.

 

Each claimant will have a hearing for they're application if they indicate thats how they want their application dealt with.

 

You are allowed 7 days from the date of service to apply to set-aside.

 

I agree whole heartedly with Gary that within the strict legal guide lines you should wait for your stay paperwork before you ask for it to be set aside.

 

The Cardiff hearing is roumoured to affect 600 odd cases, thats a lot of typing for someone to get the stay notices done... added to that we are all litigents in person (non legal eagles) and are allowed a little leeway with the legal process. With this in mind I think the sooner you apply for the stay to be set asside the better.

 

pete

[jailbird]

Pete,

 

Have been reading up on appications for removal of stays.

 

what about people who have had charges made from their benefits ...... surely they will come under the heading of 'cases of hardship' ?

 

Should this be included somewhere in the application ?

 

Chris

 

aka JB:confused:

[freakyleaky]

So just to be clear, what if people due to attend cardiff on the 14th have not received the paperwork from the courts beforehand? How can they apply for the stay to be set aside if they haven't received confirmation of the stay and the details of the stay?

If the stay has been granted but no paperwork received to inform the claimant, what happens if they turn up on the 14th?

[jailbird]

Found this on MSE........may be helpful

 

Q: What else can I do if I am living on benefits?

A: If you rely on benefits for your main income, such as Income Support or Job Seekers Allowance, there is still possibly a way you can claim; though it relies on a slightly different law. All past claims have been based on contract laws but there is another law called the Social Security Administration Act 1992, which says that banks must not take charges from benefits as this money is needed for a person to live on.

If you are in this situation, contact your bank to tell them that you are living on benefits and it should process your compliant. If it still does not help, contact the Financial Ombudsman, but make sure you tell it that you are receiving benefits and your case will be dealt with.

 

Chris

[freakyleaky]

Good post JB!

[welshbaba]

Freaky, I rang the courts this morning and was told that I could send in my objection to the stay eventhough i havnt received notification.

Do you know wot happens then..... do we wait for a reply or go on the 14th?

Sha

[freakyleaky]

Well it is all a bit unclear at the moment! If the court has told you to send in the application then get it done today, send it recorded and then ring the court in a couple of days to see what is happening.

[welshbaba]

Much obliged

Sha

[vinegarvera]

Subbing!!

[shelleybean]

Hiya Sha,

 

I sent my removal of stay off on Monday, Tuesday got a letter from DG stating that they intend to defend and then this morning got the stay letter from Cardiff Courts...its so sad, i keep re-reading it

 

Lets hope the removal will get something moving, im not too sure it will though, i think Judge Hickinbottom is very fed up of these claims!

 

Shell

[Mostyn1704]

Hi Shelley, Sha. When I spoke to courts yesterday about the stays I was told (a) that I did not need to wait for letter of stay from court as they had so many they were only half way through typing them (which raises the question whether they are blanket stays which I shall be addressing in my application for a removal)

(b) that I didn't need to send in N244 but that a letter would suffice (Am sending both)

© the court had waived costs, whether for a hearing or without

 

I doubt if anything other than confusion will be happening on 14th, but I for one will be there anyway - have booked time off work which I shall be adding to my claim

 

oh, and in letter to DG tellling them of my application for a hearing about removing stay I gave them a little help in calculating the additional interest they would be paying me if all this is delayed for another one two or more years.....

[coolchilli]

just to add to the fun...

 

I received an order in the post today dated 8th august saying that my case would be stayed (hearing was originally scheduled for 15th august).

 

attached was an explanatory notice from the Designated Civil Judge for Devon & Cornwall explaning the reasons for why cases in Devon & Cornwall are being stayed until the resolution of the OFT test case.

 

interestingly, the letter says that David Steele J has issued directions that the issues be tried in the test case around Jan/ Feb 08.

 

I am applying that my case go ahead on 15th august, or if not at the earliest opportunity. will use the template above with a few modifications, and will post my results on this thread.

 

am hopeful that despite rejecting hsbc's offer and putting a counter proposal forward just a few weeks ago, hsbc will settle once my hearing goes ahead. (in any event claiming compound interest at 25.08% so happy days if the OFT case drags on a few years)!

[Audreygreeneyes]

cool make sure you have good arguements for removal. and if you believe ti to have been a blanket stay then send a letter of comp to the MOR.

[coolchilli]

BANK CHARGE CLAIMS TO BE SUSPENDED

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11:00 - 14 August 2007

 

South Devon courts have been told to suspend all civil claims relating to unfair bank charges, pending the outcome of a test case listed at the High Court in London early next year.

A number of UK lenders, including HSBC, Lloyds TSB, Royal Bank of Scotland and Nationwide, have agreed to go to court in a test case about overdraft charges.With the banks' backing, the Office of Fair Trading will file an action arguing that charges are unfair.

The Designated Civil Judge, His Honour Judge Griggs, has directed the County Courts in Devon and Cornwall to stay all civil claims issued against banks and other financial institutions.

Cases already listed for hearing have not been dismissed but put on hold until the outcome of the test case which is scheduled to be heard at the beginning of 2008.

Judge Griggs said: "There has been an increasing number of cases in which bank customers are suing banks and other financial institutions for recovery of bank charges.

"The legal issues to which the majority of these claims give rise are now to be the subject of authoritative decision in a test case to be heard by the Commercial Court sitting in London early next year.

"Because of this, as the Designated Civil Judge for Devon and Cornwall I have given a direction that all cases proceeding in Devon and Cornwall where these issues arise, are to be subject to a general stay until after the test case has been finally resolved.

"Any litigant is entitled to apply to the court for the stay to be removed in their particular case but in the absence of special circumstances it is appropriate that all such cases should now await the Commercial Court's decision rather than that there be inconsistent decisions, potential appeals and a significant waste of judicial resources and costs."

The decision to stay these claims echoes the decision of the market watchdog, the Financial Services Authority to allow banks to suspend dealing with any claims for repayment of overdraft charges filed against them until the test case has been decided.

[coolchilli]

above article taken from this is southdevon - news, entertainment, jobs, homes and cars

 

my attemptn to breath life back into my proceedings suffered another defeat today, after a judge decided that my hearing should not go ahead tomorrow, despite me only receiving the order to stay yesterday.

 

i have been told however that i can make a second emergency application which will be heard during the judge's urgent business at 4pm today that the hearing originally set for tomorrow at 10.30 be used as an application hearing to decide whether the application to stay will be set aside.

 

will post back the outcome here.

[freakyleaky]

Good luck CC!

[Audreygreeneyes]

Good luck CC, mine was stayed at 2.30 on the 6th and the pre lim was 12pm on the 7th........... your court is obviously much more helpful than mine, cos If i had been told about that emregency thing.... it would have been used............

 

keep us posted:):)

[Mostyn1704]

Yes Good luck CC Seems like the judges are going against the Master of the Rolls who advised all courts to deliberate stays on a CASE BY CASE basis. In Cardiff this morning I was told by the courts listings manager that the judge had ordered a blanket stay on all (over 700 of them) cases listed for today So it seems now we are fighting the courts as well as the banks

[Audreygreeneyes]

mosty all oyu do is send a letter of complaint to the MOR......... reminding him of his directive!!!!!!!!!

 

if needs be then formal complaints be made..........sooner or later they will have to do something!!!!

[Mostyn1704]

I know AGE .... just venting my frustration Our tactic here has been to use the courts to put pressure on the banks no? Now we have to fight the courts too