claim stayed following OFT case

[elseg]

Recieved a letter today, identical in wording to the OP, only my court date was MONDAY (6 days away!!) had obviously heard nothing from [problem], and not recieved a bundle from them- sent my letter about this to court yesterday.

 

Interestingly the judge who has ordered the stay is NOT the same judge who was supposed to be doing the hearing.

 

It does say that I can apply for the order to be set aside, varied or stayed, so maybe there is a small hope.

have downloaded the letter and the N244 form - will fill them in and get them down there this afternoon

 

Has anyone had stays lifted in regards to the OFT case?, especially when they are so close to the court dates?

 

E

 

very worried now:mad:

[malaga1]

Was it Brighton county court? As far as I know nobody has heard yet re lifting the stays.

[elseg]

No it is Hastings court

e

[malaga1]

Hi elseg Did you go to the courts to have stay lifted?

[elseg]

I have filled in the N224 and taken the letter in the forum as a statement (I altered it a little) and have APPLIED to have it lifted, but that was only yesterday afternoon. My court date was next Monday, and typically I had recieved nothing fromSCAM til that point....

E

[garfy]

Today i have received official letter from SC&M requesting the court agree to a stay, Court tommorrow! Not sure what to do.

[malaga1]

Have you phoned the court? Its up to the courts not [problem]. If you havnt heard from them it must be on

[garfy]

Called court yep still going ahead. What if my bundle not up to scratch will i get a chance to add anything else?

[brett48]

Hi Malaga

Heard nothing to date re: my fast approaching date at Brighton County Court next week. I have just phoned the court and they said a stay was in the post so it does not look too promising.

I'll be interested to see the outcome of your request to lift your stay. In the meantime I have sent a letter to [problem] berating them for not complying with court orders on the bundle and will soon whack off a similar letter to the court highlighting [problem]'s negligence.

Brett

[malaga1]

Brett, their leaving it pretty close to the date with yours arent they! Seeing as they were meant to be getting all letters out re stays at Brighton a week ago! I thought maybe yours would go ahead. I put my request to lift the stay last friday- they said ring if I dont hear within a week.

[malaga1]

Garfy, Good Luck for today! Let us know how you get on!

[garfy]

Well......

 

My wife went to court and yes rep from solicitors turned up. Judge was very nice explained the position Luton CC are in where all new cases are stayed. However they have a few cases in the system that are being heard as they feel this is the fairest way. However i felt he had already decided to agree to the stay before i went in. Unless i had a good argument for example migrating abroad or terminal illness and i could,nt wait. He felt this was the best way forward. Stay granted till 31st March 2008 allowing test case to procede in January.

 

Good luck anyone else in court at Luton this week!

Garfy

[brett48]

Malaga, I now have the answer in writing from the court to 'Should I stay or should I go? Predictably [problem] are staying and I don't get to go.

The order was made by a different judge last Friday but not processed till Monday and the letter postmarked Tuesday.

The letter states that the test case is expected to be heard between 14/01/08 and 28/02/08, with a review of my case scheduled for 7/03/08.

I can apply to lift the stay but from what I've seen in the forum threads, nobody has applied successfully yet and there would have to be really strong reasons (as per garfy's experience at Luton) for the lift. So it looks like I will be sitting tight along with everybody else until March 2008, praying for an ace result from OFT ... any news on your lift request yet?

Brett

[malaga1]

Sorry to hear that Garfy, you wait all this time then it seems its all for nothing! Still you had to give it a go the judge might have gone the other way. Looks like everybody will be waiting then.

[malaga1]

Brett, ive just rang Brighton Court.They said they have had a lot of requests to lift the stays and they are with the judge now. She said its likely that the judge will list them all together for a hearing! I should hear something by next week.

[brett48]

Malaga, that's very interesting. I think I might go along the N224 route after all. The immediate problem is that I don't have the £35 fee until I get paid again at the end of next week so I'll play a temporary waiting game keeping an eye on your news until I have the funds.

Can you add this fee to the main court fee as part of the claim?

Brett

[malaga1]

No I dont think you can ! Shame! Ive also got some more charges i would like to add on too !

[brett48]

Shame!

I've now got my N244 application sorted, ready to hand into the court on Friday. After looking at the new stay section thread I'm still none too optimistic but one has to try ....

Brett

[malaga1]

Brett, Someone on that thread got their stay lifted today! So you never know! I will let you know if I hear anything this week

[brett48]

Malaga

Payday today so filing N244 this afternoon together with the standard letter that [problem] have not complied with court directions (there's a surprise!).

My (work) local Lloyds branch was firebombed recently and is out of action for the foreseeable future. I'd like to think that a disgruntled claimant was responsible but it's probably the work of another deranged arsonist...

Brett

[phoebesmum]

Sorry to add on, but don't know how to start new thread.

 

I have been claiming against Capital one, I received a letter of offer dated 14th saying my refund will be with me within 14 working days from the 14th August, as yet nothing (it was a full refund) today I recieved a letter from the courts about a stay has been ordered on the 20th August, attached to the letter of stay from the courts is a letter from Cap 1 saying they have refunded me my money on 14th and want the case closed. I am very confused, will I get my money know within the 14 days or will I have to wait until after the hearing, also if they have already made me an offer, don't they have to honour that anyway???

 

Very, very, confused.

[malaga1]

The OFT case should have no effect on your Cap one claim as it is not about credit cards. So yes you should get your refund!

[malaga1]

phoebesmum! Sorry just re read what you put. What was the stay for?

[phoebesmum]

stay reads

 

Me & Cap One

 

without hearing

it is ordered that

1)following the filing of a defence or holding defence the claim shal be stayed pending judgement in the office fair trading test case

2)liberty to apply with an explanation

 

Note: any party affected by this odered may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within a 14 day period.

 

Order drawn 20th August.

 

attached to this letter is one from cap one reading:

 

Me v cap one

claim number *******

 

I write in connection with the above claim issed against cap one at money claim for the total amount of £000.00

 

cap one has acted in accordance with the terms of me's credite agreement. However we have today refunded an a no admision of liability basis, the full amount of the claim totallying £000.00

 

We have written to me to confrim our actions and asked her to contact you to discontinue the claim based on the fact that is has been settled in full.

 

date 14th August

 

I have spoken to cap on how said the cheque has been issued and should be recieved by 5th Sept.

 

So not sure what is going on

 

Please help

[phoebesmum]

Sorry, but should I move this to a different thread, or start a new one, can anyone advise how to start a new thread??

 

 

Thanks:(