claim stayed following OFT case

[malaga1]

I have received the following order today. General Form of Judgment or Order. Before DISTRICT JUDGE FAWCETT sitting at Brighton County Court. The court is aware that a test case has been issued to be heard in the Commercial Court between 14.01.08 and 28.02.08 to determine the issues of legal principal to the recovery of charges debited to bank current accounts. Upon it appearing to the court that the issues raised in the test case will affect this claim. It is Ordered that; 1, The hearing listed on 18th september 2007 is hearby vacated. 2, The claim be stayed until further notice. 3. There be permission for either party to apply to lift the stay specifiying why the claim should not await the test case decision. 4. The parties are to nitify the court no later than 7th march 2008 in writing whether the claim has been settled or withdraw or wether a hearing is required for directions. SO after all this waiting (my claim was issued on 5th march) do i stand any chance of getting this lifted?

[BARTY]

Hi

Have a read of this link:

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

Good luck!

Barty:)

[malaga1]

thanks Barty! ill have a good read before deciding what to do next

[malaga1]

has anyone else had their claim stayed since OFT announcement? I have read the info on stays etc but i wonder if i could put something in re the time etc. I started my claim with the first letters going off last DEC. I issued through MCOL on 5th march and loads of people have had their claims settled that have issued over the last couple of months.Could i put something like this in? It seems very unfair.

[dolly]

has anyone else had their claim stayed since OFT announcement? I have read the info on stays etc but i wonder if i could put something in re the time etc. I started my claim with the first letters going off last DEC. I issued through MCOL on 5th march and loads of people have had their claims settled that have issued over the last couple of months.Could i put something like this in? It seems very unfair.

 

We too filed at the same time as you - 9th March I think and our hearing is on 22nd August, so 2 weeks today.

 

As yet, the court is going ahead but I fully expect Lloyds to apply for a stay. I know what you mean about it being unfair, it does seem that way. It seems Lloyds changed their policies on paying out upon filing but us that filed earlier are sort of stuck in no mans land.

[fzrkitten]

You could have a look on my thread, GaryH helped me this week with an objection to re-allocation, note it isn't for a stay, but you might be able to take some of the wording regarding time frames and make it suitable for yourself.

 

Otherwise I am not sure if there are further plans to object these stays generally on site are there? Anyone?

[fzrkitten]

Sorry, my thread: Court Date - Have queries! Help Please?

[malaga1]

dolly, hopefully yours will still go ahead as only 2 weeks! fzrkitten, I will have alook at your thread, thanks! Any help gratefully received to get this lifted

[dolly]

dolly, hopefully yours will still go ahead as only 2 weeks! fzrkitten, I will have alook at your thread, thanks! Any help gratefully received to get this lifted

 

I will update my thread - deleted it all for one reason and another.

Just dropped my court bundle in this morning and hearings not being stayed as a matter of course. If the bank request it, it will probably be allowed though.

[dolly]

Consumer Credit Support

 

further help click the above

 

:mad: TROLL :mad:

[brett48]

Hi Malaga

 

I am in a similar position to yourself and Dolly.

Claim started in January, MCOL filed in March and due at Brighton Count Court on 21st August.

As yet I havn't received a stay letter similar to yours but I am expecting it any day now - the worst scenario would be to be told on the day, having taken time off work to attend.

In contrast, I got a full settlement for my daughter in July just a few days after filing MCOL - definitely very unfair!

[malaga1]

hi brett, maybe if you havent received a stay yet they may be letting yours go ahead as its only 2 weeks! The court told me last week that they were all doing overtime at the weekend to get all bank cases looked at and a decision made on each case. So if you havnt heard from brighton court you may be okay! What i would like to do is get alist of all the cases that have been settled in june/july that were just entered to show how they have been treating people unfairly.

[malaga1]

anyone know if I can get a list of latest claims that have been paid!

[livelylad]

The litigation concluded thread will give you this list.

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

[malaga1]

thanks i will print that off

[malaga1]

prepared my objection to the stay and will be taking it into the court today!

[livelylad]

Best of luck.

[malaga1]

Thanks! I took my application in yesterday to have the stay lifted. The lady at the court said I should here something within a week- or give them a ring. She also said they have had lots of people in requeting the removal of their stays!

[garfy]

My wife got a letter from SC&M today stating they were writing to the court to apply for a stay. The letter goes on to say if she agreed to the stay to put this in writing to the court! Court case this week will let you know what happens.

[malaga1]

Which court is it? I Heard nothing from [problem] had letter from court saying it was stayed.

[reesdance1]

cardiff court told me that as there will no longer be a hearing tomorrow any opposition of stays will not make any difference,and that everything will be determined by the oft case result

[garfy]

Hi there

 

Luton court- I called the court to find out if the judge had agreed to the stay. The lady at the court reacons that the judge will decide at the hearing on Thursday!!

[malaga1]

Good luck for thursday! Hope you get your money! Let us know what happens.

[garfy]

Malaga1

 

What did you write in your objections to the stay. I dont know where to start.

 

Cheers

[malaga1]

There is a good letter on here that was amended after the oft announcement. I just adapted it to suit me. Using the hardship issue. Also I said of the unfairness in the way others had only issued their claims in june/july and been paid out without a court date. Have to wait and see now what court say!