Choco V Natwest - Stayed?!!!!!!

[choco]

Ok so I got my letter from cobblers 14 August stating that not only are their charges reasonable and fair blah blah etc etc, but they are applying to the court for a stay. I'm really p-ed off, this has been goin on since May and I was neck and neck with someone else in my forum and they got their money and I had to be the unlucky one! What's the chances of the court decieding to go ahead with my case, I mean I am at the final stage now, would they take that into account?

[choco]

anyone?...

[jansus]

Have you checked the thread by ICY to see what your particular court is doing? As it all seems to depend on that - some are carrying on so you may be lucky - and it depends whether Natwest will go in to defend the stay if you appeal against it .

 

Jan

[choco]

Have you checked the thread by ICY to see what your particular court is doing? As it all seems to depend on that - some are carrying on so you may be lucky - and it depends whether NatWest will go in to defend the stay if you appeal against it .

 

Jan

 

Hi, I did and my court was one of the ones that was undecided or unsure, whatever it says!

[choco]

well i got this letter day before yesterday, dated 31 Aug:

 

Upon the Courts own motion. the court has made thisorder of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

1. These proceedings be stayed pending the final determination of the proceedings between the office of fair trading and Abbey national and othjers (claiom number 2007 folio 1186)

 

2. Both partied have permission to apply.

 

 

 

I sent my letter protesting against Cobbetts request for a stay last Thursday (30) special del, so its possiblethey already had sent this letter to me. Oh for **** sake, this is costing more and more, and now i really am getting stressed, i have loads more charges since this started and now i'm gonna have to pay to request to have it lifted right??

[choco]

can anyone help on this???

[JulesTools]

Hiya Choco

 

It really depends on your personal circumstances whether it is worth your time and money putting in an application to lift the stay.

 

If you are mainly living on benefits or are in particular hardship - then a personally worded application and cover letter to the court would be advised. The templates arent working and are being heaped in huge mountains of unread same old same old papers on judges desks.

 

If you spell out why your case is different and how the wait would detrimentally effect you then you may have more of a chance of getting the claim heard.

 

Feel free to pm me if u need some help

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If you're not in hardship then I would settle back and wait for the OFT to conclude its case against the banks.

 

Hope that Helps

 

Jules

 

[choco]

thanks a lot for that Jules, I have drafted a very basic letter to the court; i've pm'd it to you

[JulesTools]

Thank you Choco. I look forward to receiving your PM.

[choco]

Thank you Choco. I look forward to receiving your PM.

 

hi i just tried to pm you but your inbox is full, this is the message i tried to send you:

 

Wow thanx for that Jules its a million times better than what i wrote.

 

I'm not on benefits but I have so many outgoings the court agreed to waiver the court costs. I guess I could put in there that I plan to pay off the overdraft and one of my many credit card debts!

 

I'm gonna send that letter right now special delivery - in fact i'm gonna hand deliver it to the court actually!!! Thanks again

[caro]

Perhaps you could share the letter with us all as it may be helpful for others too.

[Night Owl]

Bump.

 

I'm looking for all the help I can get to object to both my stayed claims on the grounds of financial hardship.

Night Owl

[caro]

Do you have a thread Night Owl? This is precisely why it's so important for information to be posted on the site rather than by PM. The more we can all share our combined knowledge, the better our chances of success.

[Night Owl]

Yes caro,

Abbey claim has been stayed!

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114812-night-owl-abbey-stayed.html

 

full story on

http://www.consumeractiongroup.co.uk/forum/abbey-bank/104320-night-owl-abbey.html

 

and Lloyds claim has been stayed for the second time!

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/111784-i-will-not-stay.html

 

full story on

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96247-night-owl-lloyds.html

 

Suffering now

Night Owl

[caro]

Answered on the Abbey stayed thread.

[choco]

Perhaps you could share the letter with us all as it may be helpful for others too.

 

 

Hi guys sorry for the delay my internet was down, here is the letter I sent, I did ask for a template ages ago in my other thread but no one responded to it, mods if its ok can this be used as a template for others??

----------------------------------------------------------------

 

Dear Judge Whatsitmajotsit

 

Claim Reference xxxxxxx

 

I am in receipt of the courts order to stay proceedings pending the final determination of the proceedings between the Office of Fair Trading and Abbey National and others (claim number 2007 folio 1186).

 

I respectfully request the Court reconsider their decision and wish to apply for the stay of my particular Case No: xxxxxx to be lifted so it may proceed prior to the conclusion of the Commercial Court Litigation.

 

My claim was filed with the court on XX May 2007, 8 weeks before the announcement regarding the OFT Test case.

 

I commenced communication with the defendant with a request for information under the Data Protection Act on XX/XXX/2007 and despite the 40 days specified under the Data Protection Act I did not receive a response to this request until XX/XXX/XXXX.

 

ANY OTHER INFO OF TIME DELAYS THAT BREAK REGS..........

 

Following my claim being served on the defendant on XX May 2007 Abbey Plc removed access to my account.

 

I would like to take this opportunity to draw your attention to the following Debts which I intend to reduce using any refund of these unlawful penalty charges awarded to me.

 

1)

2)

 

ARE YOU ON BENEFITS AT ALL ????? If so we can add something in here regarding this.

 

The amount I am claiming, £XXXX.XX (without s.69) is insignificant to the defendant being a multinational corporation, but is extremely significant to me.

 

I would be most grateful if the Court would grant permission for the ordered stay to be lifted, so as to prevent further delay and financial hardship to myself and my family.

 

I thank the Court for its time in considering the matter.

 

Yours sincerely

[choco]

Do you have a thread Night Owl? This is precisely why it's so important for information to be posted on the site rather than by PM. The more we can all share our combined knowledge, the better our chances of success.

 

I would just like to say I have been crying out for help and Julestools was the only one who actually helped, I know there was people who could've helped and they chose to ignore both of my theads. I've been pming mods left right and centre, I've noticed that peole are being less helpful now and now is the time when people really need help. so please dont ridicule him/her for sendng it via pm, at least julestools bothered to actually help me in the first place.

[Night Owl]

Hi choco,

I always welcome advice and hope I can give advice too. I would never ridicule anyone. I understand fully the stress we are all under over all of this.

I can only read and advise on threads that are relevent to my circumstances and my Banks but sometimes there is a thread that has a usefull link to another Banks thread with helpfull advice, but if I go to it I try and say thanks for any advice or offer advice if I can.

I really do wish you lots of luck with lifting your stay. I am sending N244's to court on Mon for Lloyds - this is my second stay!!!

and Abbey - first stay but havent even had their defence yet!!!

Havent got to court stage with either yet!

I will pop back and see how things are going for you and support you if I can.

Good luck

Night Owl

[caro]

Thanks for posting that Choco. For your information there is now guidance on requesting a stay on the grounds of hardship in the Bank Templates Library, but as every case is different, we felt a template was not necessarily appropriate, although I'm sure the ideas in your letter will prove helpful to others.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html#post1142776

 

By the way, I wasn't ridiculing JulesTools at all, but I do tend to worry about help via PM in case it causes problems for either the person giving or receiving advice. Apart from sharing information for all to see, if there is a problem with the advice provided, there is no-one to correct it, and others may be able to add/improve it.

Anyway, Jules is an old friend from the YB forum and he knows I wouldn't ridicule him.

 

Glad you've got the help you needed.

[choco]

Thanks for posting that Choco. For your information there is now guidance on requesting a stay on the grounds of hardship in the Bank Templates Library, but as every case is different, we felt a template was not necessarily appropriate, although I'm sure the ideas in your letter will prove helpful to others.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/115023-application-removal-stay-grounds.html#post1142776

 

By the way, I wasn't ridiculing JulesTools at all, but I do tend to worry about help via PM in case it causes problems for either the person giving or receiving advice. Apart from sharing information for all to see, if there is a problem with the advice provided, there is no-one to correct it, and others may be able to add/improve it.

Anyway, Jules is an old friend from the YB forum and he knows I wouldn't ridicule him.

 

Glad you've got the help you needed.

 

OK I see, good lookin out! But at least theres a template now so others can at least get the gist of what to write

[choco]

Hi choco,

I always welcome advice and hope I can give advice too. I would never ridicule anyone. I understand fully the stress we are all under over all of this.

I can only read and advise on threads that are relevent to my circumstances and my Banks but sometimes there is a thread that has a usefull link to another Banks thread with helpfull advice, but if I go to it I try and say thanks for any advice or offer advice if I can.

I really do wish you lots of luck with lifting your stay. I am sending N244's to court on Mon for Lloyds - this is my second stay!!!

and Abbey - first stay but havent even had their defence yet!!!

Havent got to court stage with either yet!

I will pop back and see how things are going for you and support you if I can.

Good luck

Night Owl

 

thanx so much for the support xx

[choco]

Hey guys, its been almost 4 weeks since I hand delivered that letter to my local court, do you think I should call them?

[Castlebest]

Hiya Choco, I don't think a polite phone call just to check on the status of your claim will do any harm

 

pete

[choco]

Well apparantly they sent me a letter on the 4th October rejecting my letter and saying I had to apply for the stay to be lifted

 

Does anyone know if I can apply for this stay to be lifted, bar the costs? as that's how it's been so far?

[Castlebest]

Upon the Courts own motion. the court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

1. These proceedings be stayed pending the final determination of the proceedings between the office of fair trading and Abbey national and others (claim number 2007 folio 1186)

 

2. Both partied have permission to apply.

 

I think you are out of time but it may say more in the letter from the court when you receive it.

 

The other thing to consider is the length of time the courts are taking to list hearings, if you apply for a stay appeal now you probably wont get a hearing until December/January then IF you win that you would probably not get a hearing for your case until February/March.

The test case is due to start on the 14th January so it may be a little pointless appealing against your stay now.

 

I think it may be wiser to keep the appeal fee in your pocket and look at it as the best savings account around at the moment accruing 8% statutory interest.

 

pete