to file or not to file!

[ladyinred]

I have gone as far as letter before action and even received a goodwill payment or about 25% of my claim from halifax . I have declined this as a full and final payment and intent to go to court. However i am aware that the courts are staying the cases now in the light of the high court test case so is there any point in starting an M1 before this is over incase i find i have lost the £120 application fee as wqell as all the charges if the outcome of the high court case is not favourable?

thanks any suggestions very welcome

[sea-sidelady]

Do you know if your court is applying stays...

 

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

 

It is deffinatly worth carrying on with your claim.

 

Have a read through some of these..

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

[moneyhelp]

Yes I agree carry on with your claim. At least then you will be at the top of the pile when the banks LOOSE their test case

[overflow]

HI Ladyinred

 

Got to agree with SSL and Moneyhelp, carry on with your claim.

 

I know it seems a lot to fork out if there is nothing at the end of it just yet but think of the time when youll get your money when they lose, and they WILL lose.

 

If you think about it like this, they have paid out huge sums of money already because they know that they are in the wrong, why have they not just refused all claims and gone to Court over all the claims made against them. They wouldnt have paid out millions if they knew they were in the right now would they. One test case is not going to change that, I think they are still sending out gogw to ppl because they know they will lose and so they are trying to get as many ppl to settle now before the outcome of this test case , they are going to be taken to the cleaners when they lose and they must be aware of that.

 

They are telling people that it isnt worth them taking it as far as Court because they will implement a stay if they do.

We all know now that it is up to the Judge NOT the banks to put stays on claims.

This is just another of their tactics to try and make ppl back down and take their offer and not go any further.

 

Go for it, File your claim and at least yours will be already in the system when the final results come in, (if they dont settle before).

 

I reckon that the floodgates will open once this is all resolved and they know this and that is why they are panicing.

 

Good Luck and just do what your heart tells you to do after all its your claim.

 

Regards

[ladyinred]

thanks, i have carried on and finally, long after deadline lloyds have decided to defend but the court have decided to stay the case!

[**Tilly**]

hi ladyinred you can apply to have the stay lifted here is the link

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

[ladyinred]

has anyone yet sucessfully had a stay removed after application?

[overflow]

Hi Ladyinred

 

Not too sure to be honest but if you take a look at Stonedcroze thread you might find some inspiration there.

 

Hes on hols at the mo but hes going to try to get stay lifted.