**urgent All Mcol Claims Automatically Stayed **

[zootscoot]

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

[thefuture]

Hi zoot does this mean all claims even ones that have already been defended or just the new ones? I'm waiting for a court date.

[zootscoot]

If you've already been transferred to your local court you should be OK

[nyc_lond10]

Called Wandsworth Court again today. All is still going ahead. I have sent in my court bundle but DG solicitors have still not filed/submitted their statement of evidence. Fingers crossed, still on course...

[2makemoremoney]

Ok so I have filled in the application for removal of stay, do I send it to the court? Do I include a cheque for £35? is that made payable to Blackpool County Court? What is an N!?

 

Sorry but bit flustered today, everything in this house HAS to go wrong at once when the kids are off.

 

Jo

[Doz]

Hi Zoot. My claim was deemed served via MCOL on 24th July which a few days before the test case. This now means my claim will automaticaly be stayed.?

[charliedog]

Hi Zoot - my mcol was issued etc and my allocation questionannaire was sent in on 17th july but Leicester have still stayed my case - DG have sent nothing in at all!!! I said I would appeal but the lady on the phone at the court said it would not make any difference?? This can't be right surely??? My MCOL was served back in May 2007 ???

[zootscoot]

Your case has now been transferred to your local courts and is being dealt with by them. Some courts are staying claims irrespective of whether they were filed through MCOL.

 

If you want to apply to have the stay lifted have a look through the new forum for stays:

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

The person you spoke to on the phone is unlikely to be in a position to state what she told you. Only the judge can decide if to lift the stay.

 

Best of luck

 

Zoot

[Audreygreeneyes]

charlie think on it, if they tellyou that, then you wont file askign for a hearing.........cuts down their work!!!!

 

as zoot said the court staff cannont make those statements, only a judge can and if you file N244 they have to give you a hearing.........

[charliedog]

Also - look at the money the courts have made - all the £250's and £100's on mcols and a.q's from hundreds of people and nothing is happening to justify what we have paid that money for ???:o

[anney63]

A bit confused got a claim in to Monument cards and it has been stayed pending outcome of OFT case. I thought that Credit Cards weren't involved?? Has the court made an error ????

[Audreygreeneyes]

it looks like it anne. they are not only banks..................

[Joob]

Hi all,

 

First time on here !

 

I did my HSBC claim at MCOL - I today received a letter from MCOL/Northampton County Court stating that the claim will be stayed pending judgement of OFT case.

 

Can I do anything about this ? It is mentioned above about transferring to local court (mine appaears to be carrying on as normal) so can I do this ? And if so how ?

 

Joob

[zootscoot]

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.

[Joob]

Hi Zoot,

 

Thanks for reply - I have sent my application for removal of stay on Monday by Special Deliv so they will have got it yesterday.

Can i still request that it is transferred to my local court ?

 

Regards,

Joob

[Rayne]

Should be able to, can't think of any reason why not.

 

EDIT: Sorry to jump in there like that

[2makemoremoney]

Ok so I sent in a request for removal of stay.

 

Has anyone had theirs done? has anyone got their court dates?

 

losing all hope with this system at mo.

 

Jo

[jayjoejones]

What should one do living in Germany, make a claim from abroad?

[wazbc]

OFT Case - date set. This is an extract from Martins Lewis' newsletter - Bank Charges Court Date Announced: 14 Jan. Plus clarity over credit card reclaiming?

Last week I met with the Office of Fair Trading to discuss Bank Charges and learnt the test case is scheduled for 14 Jan and should take around 10 days. It'll only decide whether 'unfair contractual terms' rules can apply to bank charges; after that OFT must decide if they are unfair. At that point it'll return to the banks who'll either concede or it'll go back to court. While there, I strongly requested it clarify that the test case and ‘stay’ on reclaiming only applies to bank charges; outrageously some courts are incorrectly blocking credit card cases too.