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** Urgent All Mcol Claims Automatically Stayed **


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All claims issued via MCOL will be automatically stayed once a defence has been lodged.

 

If no defence is filed you can still go for judgment by default.

 

Further updates as we get them.

 

IT IS STRONGLY RECOMMENDED CLAIMANTS FILE THROUGH THEIR LOCAL COURT USING N1.

 

To see how your local court is approaching stays follow this thread:

 

Find out here if your local court is staying claims

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Hi

 

Need some help understanding the lingo please.

 

Helping my daughter and her partner out reclaiming bank charges.

 

Successful with Halifax joint account they paid out the full amount requested £3150.72 including interest ( they said they were going to defend it but then sent letter saying that they were going to settle for the full amount requested) just before the announcement from the oft.

 

But with respect to my daughter's own account with halifax for £813.47 it was started with MCOl just before the OFT announcement but received notification on 08/08 that they are going to defend it (they have sent a copy of the defence they have also notified us that thy have changed their solicitors. As yet my daughter hasn't recieved any correspondence stating that this claim has been stayed.

 

Can anyone please let me know whether we have to do anything or do we just wait?

 

Thanks

 

Pkw59

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I recently got a letter of defence from Halifax stating they were applying for a stay, however my claim is for credit card charges. I didn't actually put this on my claim form i just put 'Halifax Plc' so not sure what to do now. Should I just wait and object to the stay or will it be quicker to just resubmit my claim specifying it is for credit charges? can you have simultaneous claims for the same amount?

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Thanks to your post managed to withdraw my Mcol claim that I entered earlier today - will be gettng a full refund and am now going the 'N1' route. If anyone could offer any advice it would be much appreciated as it all seems rather daunting after reading various threads on how to fill forms correctly and attaching spreadsheets, calculating interest etc - EEK!!!

 

After my initial letter to Halifax I have received their standard letter regarding the test case - that is why I have now decided to go via my local county court. However, I only received a list of all the charges rather than statements from the last six years - I can now see that to progress in the correct way, I now need to request those statements.

 

So again, any advice would be welcomed!!

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  • 2 weeks later...

If your claim has been stayed by MCOL you can contact them to request that the case is transferred to your local court. If a request is received MCOL WILL transfer your claim.

 

Your local court may also order a stay which you may then, if you wish, make an application to lift the stay based on your individual circumstances.

 

There have been some successes with regards to lifting a stay but also many disappointments. You need to consider your own circumstances as to whether you feel it is appropriate for you to apply to have the stay lifted.

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did not think they were allowed to say credit cards thought it was only bank charges :)

 

It IS only bank charges.

 

It is NOT credit card charges - but some courts are lumping both together and "staying".

 

Have a read through here:

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if.html

 

...... and you'll find how the distinction is made and sometimes NOT made!

Dummie's Guide to CAG: http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

Me v BofS: Charges: £13,048.10 #2a/c Statements from 08/01/01 received. Charges:£5,156.39 Information Commissioner's Office informed June 12th who wrote to BoS, June 22nd for non-compliance. #1a/c: passed to BoS Senior Review Team. Discovered 2 further a/cs, and 3 Loan accounts. "Goodwill offer" of £7,424.23 06/07/07. Accepted (partial repayment). 20/07/07 Top-up payments of £2,558.10 & £1,154.00

£11,136.33 paid back thus far.

New claim issued: 9/07/2007 for 3rd account: £500+ PRESSING ON!

Don't forget - when you win - a donation to CAG would be welcome!

If anything I've said has remotely been of any assistance, then please tip my scales!

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  • 2 months later...

Hi

Can anyone help, I am due in court on Tuesday with Halifax to defend my claim. They are trying to put it on hold but the MCOL previously advised me my case was too far along to do this but the judge has ordered a hearing.

I'm really nervous and not quite sure what to do.

can anyone help with some advice? not fnding this site very easy to navigate!

 

thanks so much

sasha

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  • 2 weeks later...
  • 3 months later...
And what do we do about credit cards being stayed

 

 

My credit card claim was stayed as well but I was told that was because I failed to clearly mention that it was in relation to a credit card account. I had to pay a fee and apply for the claim to be lifted. took a while but I was able to reclaim all the fees from the bank.

 

Have issued my second credit card claim stating clearly......lets wait and see what happens.

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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