Letter to court re Human rights in relation to imposed stay

[jjppcc_1]

Hi,

 

Preston combined court have stayed my claim, I am in the position where I can't afford to request it to be lifted (I get paid of friday lol), my deadline to request it be lifted was today, so that's a dead issue as far as my case is concerned. However, because of this I have decided to take my fight in a slightly different direction by asking the judge/court a simple question.

 

I would like some feedback before I do. I don't believe that this letter would be detrimental to my case but I want it to be simple with maximum impact. The result I want is for someone to have to explain.

 

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Dear Sirs,

 

 

I am writing to enquire about the stay that you have placed on my above referenced case.

 

I would like to know if, in your view, this contravenes my rights under the ‘Human Rights Act 1998’ as article 6 of the convention provides that

 

“1. In the determination of his civil rights… everyone is entitled to a fair and public hearing within a reasonable time.”

 

I have heard various estimates regarding the length of time a final decision in the OFT test case would take; these estimates range between 1 and 3 years.

 

In my personal opinion I believe 3 years to be an overestimate, and 2 years to be more realistic, however in any case the actual period of time for a conclusion to be reached is undeterminable.

 

I started legal proceedings against the defendant 19/05/2007 and believe that because of the relatively small amounts involved in my claim that any delay caused by this test case would be unreasonable.

 

If you believe that my rights under the ‘Human rights Act 1998’ have not been affected then please can I know your reasoning in this in writing? If however you do believe that my rights have been affected I would ask that you remove the stay from my case of your own behest, if this is not possible I would again like to know your reasoning.

 

I look forward to your reply..

 

 

Kind Regards

 

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Cheers

JP

[SteveH2508]

affected not effected

[jjppcc_1]

I stand corrected, cheers

[jjppcc_1]

****************

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****************

***************

**********

 

 

 

 

The Law Courts

Ring Way

Preston Lancashire

England

PR1 2LL

 

 

21 August 2007

 

Claim Number: ************

Ref: *************

Claimant: ********************

Defendant: ***************

 

Dear Sirs,

 

I am writing to enquire about the stay that you have placed on my above referenced case.

 

I am concerned that this seems to contravene my rights under the ‘Human Rights Act 1998’ as article 6 of the convention provides that

 

“1. In the determination of his civil rights… everyone is entitled to a fair and public hearing within a reasonable time.”

 

 

I have heard various estimates regarding the length of time a final decision in the OFT test case would take; these estimates range between 1 and 3 years.

 

In my opinion I believe 3 years to be an overestimate, and 2 years to be more realistic, however in any case the actual period of time for a conclusion to be reached is undeterminable.

 

I started legal proceedings against the defendant 19/05/2007 and believe that because of the relatively small amount involved in my claim that any delay caused by this test case would be unreasonable.

 

If you believe that my rights under the ‘Human rights Act 1998’ have not been affected then please can I know your reasoning in writing? If however you do believe that my rights have been affected I would ask that you remove the stay that has been applied to my case of your own behest, if this is not possible I would like to know your reasoning.

 

I look forward to your reply.

 

 

Kind Regards

 

 

 

 

*******************

[jjppcc_1]

Well I sent the above letter, no harm done to ask a question

[anarchist]

let me know how it goes, Preston court has also put a stay on my Barclaycard claim (right as they were cashing the cheque for £100 for the allocation questionnaire!)

[jjppcc_1]

I'll be posting any result/response this letter has on this thread and on my main thread... I'm not totally expecting anything, but I feel too proactive not to try something.