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HI All,

 

I'm not sure whether this is the same situation but I received a letter from Wragges stating they were going to request a stay and then a week later I received aGeneral Form of Judgement or Order from the court saying that there will be a prelim hearing. The hearing will consider staying the claim or giving directions for the claim to be heard as a test case. Does that mean that Wragge have requested a Stay or it's of the own judges bat?

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Hi Robbednomore

 

I'm not sure but it looks like the court have set a date for a prelim hearing and due to the amount of stays that have been requested up to now, they are covering themselves by stating that it will be a stay hearing or a directions hearing, depending on what Wraggies do.

 

Which court is it? Have you been asked to do a court bundle?

 

Did your letter from Wraggies just state that they 'intend to apply for a stay'? Best way to find out if they have applied for a stay is to phone the court, they will be able to tell you straight away and then you can at least prepare yourself. The letter I received just said that they intended to apply for a stay but nothing as yet but they do tend to leave things to the last minute!

 

Good luck

 

Scoobz

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Hi Scoobz,

 

The letter from Wragges did say that it was their intention to apply for a stay. I have put the full wording from the court in my thread here http://www.consumeractiongroup.co.uk/forum/alliance-leicester/109571-filled-defence-no-stay.html.

 

I think you're most probably right about the court covering their backs though however they have said the the prelim hearing will result in either a stay being applied or my case being a test case. Nothing about simply continuing down the small claims track!

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It sounds like you got same letter as me from Wraggies (mine was dated 7th September)...

 

I've read your thread and I've never seen an order like that before so I'm afraid I can't help but I'm sure a MOD will take a look and point you in right direction. I would imagine Wraggies will panic when they see it !!

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  • 2 weeks later...

Hi Peeps

 

Got my 'Trial' date through for 29th November from Leeds Mercantile with a time estimate of 2 hours.

 

I expect I'll be receiving Wraggies 'request for a stay' through the post very shortly!

 

Keep you posted....

 

Scoobz

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Good luck hun, i hope they dont apply but if they follow suit they will.

Its a joke isnt it!!

xx

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  • 1 month later...

Hi Everyone...

Well it's finally arrived from Wraggies, the 'APPLICATION FOR STAY' dated 15th November (why has it taken them so long I wonder)?! :(

I was due at Leeds Mercantile on 29th November for my trial but now have to attend on 26th November for the Application Hearing.

I'm going to attend but I'm not going to waste my money applying to have the stay lifted as I would be fighting a losing battle. I wonder if Wraggies will attend?

Roll on January!!

Scoobz

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HI Hun, hope u are okay!!

Wraggies probably will show, they are turning up more now...shame for us!! I have not applied for the stay removing, no point now imho, the test case is only a few weeks away..6 i think...if they did not agree to the stay, the backlog in the court would probably make it after the test case anyhow!!

Good luck anyway hun, which judge have you got?

Jenny x

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Hi Jen

 

I'm fine thanks hope you are too?

 

It doesn't say which judge is at hearing on Monday but I don't suppose it will make any difference as they all seem to be granting the stays anway.:(

 

Its very quiet on here and there's not been much in the press about the banks and the test case, hope its good news for us all in the New Year!

 

Take care

 

Scoobz

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Hi scoobz and Jen

 

Sorry have not been around on A&L much

 

Trying to persuade more "hardship" cases to go FOS route which has been successful in a few cases.

 

Glad to see you are both hanging on in there.

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi Jan

 

Nice to hear from you... Glad to hear some people are having success with their hardship cases.

 

It's sooooooo quiet on here its spooky.

 

I'll let you know what's said on Monday although I think we all know what the outcome will be. :(

 

Take Care

 

Scoobz

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Hi Peeps

Well I attended the 'application hearing' today at Leeds Mercantile in front of Judge Kaye and said my bit asking for the stay not to be granted for various reasons. A&L sent a representative but not sure if it was Wraggies? Unfortunately after a lot of deliberation and some kind supporting words from Judge Kaye the stay was granted (not a shock).:(

The Judge stated that once the OFT case is heard in January/February and if, in the first instance, the result is in favour of the Claimaints, then A&L will have to pay up.

Judge Kay mentioned J.Barton's case (Jenny) and agreed that a similar pattern of events had ensued and that he was not happy in the way A&L 'abuse' the court system but never the less he still had to impose the stay.

Oh well I'm counting the days down now and it won't be long until we are all laughing (I'm sure)...

Scoobz

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Hi

 

sorry to hear about your stay - but as you say it was probably predictable at the moment. Roll on February - and if it drags aout we should all be ready for action!

 

Jan

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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oooo what did he say...he's a love is'nt he...they're all nice there though!!

Sorry about your stay hun but not long now till the test case.

x

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