In Court on 12th Urgent help needed please!

[wilsikon]

I had a court date for the 12th and today I got a letter from the court saying it will now be a hearing for Wragge to apply for a stay. Is there anything I can try to do to stop this from happening. Wragge made me a settlement offer of less than half the amount I was claiming a month ago. Any help would be very gratefully accepted.

[jansus]

I posted on the other thread.

 

My thread is in successes if you want to read that

 

Jan

[jansus]

I see from what Kay posted that they did the same for her but then settled just before the hearing - so there is still hope

 

I will pm you

[jansus]

The Stay - Here is the application grounds for the removal of the stay

[Varangian3]

Wilsikon

 

Your details of how the bank has failed to comply with court requirements are very important here, but sadly in many cases the courts don't seem to take this seriously when considering stays.

 

One of the problems with applying to prevent or lift stays is that people are using templates and complex legal arguments that are generally not working. In the few cases where the stay is blocked or lifted, this seems to be because the Claimant has severe hardship grounds and articulates these well.

 

TBH, unless you can evidence severe hardship I see little evidence that any court is supporting Claimants at present. If you want some further guidance on the possible arguments and how to frame them please let me know.

[wilsikon]

Having read it carefully, it says thar Wragge won't be attending but if no stay is granted they will appeal......

[jansus]

if you pm scoobz -she has a list of names and court cases settled since OFT case that may be useful for you to take with you -

 

Jan

[jansus]

!!!!! OFT could drop test case !!!!!!!

 

wishing you all the luck in the world for tomorrow- lets hope the judge has read this!

 

Jan

[scoobz]

Good Luck tomoz Wilsikon we'll be thinking of you!!

 

If you need that list of settled claims then let me know..

 

Let us know what happens when you get back.

 

Scoobz

[wilsikon]

Stayed! Bugger!

[scoobz]

Oh no I'm really sorry its bad news...

 

Was it just you at court or were there other bank charges claimants?

 

Are you going to appeal the stay?

 

I expect this is going to be the new routine now with Wraggies and we are all going to have our cases stayed!

 

Scoobz

[jansus]

Sorry to hear your news - but dont feel bad if you read lloyds threads today it seems we are all back to pot luck with the judges - so not your fault

 

what happened in the court

 

did A&L appear ?

 

did you get a fair hearing?

 

It seems like lloyds forum are getting more help than us:(

 

 

jan

[jansus]

hadyanth vs Lloyds TSB - Goodbye fingernails...

[wilsikon]

Wragge were there, they tried to get it struck out altogether because the claim is only in my name but the account was joint, it was explained that this is because there is only room for one name on MCOL but the judge said he was going to stay it anyway and this would give us a chance to 'address the situation' and get the claim changed to being in both our names (if anyone knows how I do this I would be grateful) we asked about appealing and were told we could be he didn't see much point to it. I am just hoping that the Test Case goes to pot and then we can try again, but we have been warned to get both names on or he will strike it out!

[jansus]

What?!! :eek:

 

I was always told that was not a problem - my case was in my name and was a joint accoint and so are many others??

 

Never seen that as a problem before

 

JAn

[wilsikon]

They did mention it in their original defence but it was everyone on heres feeling that they were trying it on. They said they wouldn't be attending today but they did smug little beep!

[jansus]

is your account special in that it is both to sign for all transactions?

 

Or can just one of you sign cheques?

 

There is a form that you can download from HM courts site to change POC - but I think you should query this first as it seems a bit odd?

 

There may be others in the same position if this is correct - and why have they not even queried it on my claim?

 

Jan

[jansus]

Quote:

Originally Posted by spiritgirl59

Obviously with a joint account either of you can take action (and don't be fobbed off if the Solicitors write to you telling you that it is a JOINT account and therefore both of you have to take action as that is b****ks. - EITHER of you can commence proceedings as you are both jointly liable for a joint account. There is something on my bank threads about this, I will find it for you and put it on here.

 

Hi again Hopeful1

 

Great idea from Rory about the FOS if your husband really wants to avoid going into a court.

 

Here is the information regarding claiming charges on joint accounts which I found for you in case you need it. I can't recall which member helped me with this now but thanks again to whoever did

 

Love Spiritgirl x

 

As regards the part of my claim relating to the joint account of myself and my wife, may I respectfully refer you to Civil Procedure Rule 19.6:Representative parties with same interest 19.6 (1) Where more than one person has the same interest in a claim (a) The claim may be begun; or (b) The court may order that the claim be continued,By or against one or more of the persons who have the same interest as Representatives of any other persons who have that interest.

found this on another thread

jan

[jansus]

Platinum Account Customer

 

Join Date: Apr 2006

Posts: 9,712

 

 

 

Re: Joint Accounts

Just 1 name, as long as the a/c doesn't need both signatures for cheques etc.

 

and this

[wilsikon]

Thank you for that, the account was just a normal joint account, it started off as mine and I added my husband a couple of years later. I really am losing the will to fight now. Apparently we are going to get some forms from the court in the next couple of days about the stay.

 

It was the head man from Wragges at court Clark Sargant who was urging the judge to stay all A&L claims automatically. The judge took a dim view and told him it was his duty to review all cases on an individual basis. Then he told us that because there was a discrepancy with the names it could legitimately lead to being struck out and he would stay it to keep Wragge happy but to give us chance to correct it. I will have a look at the form you mentioned to change it and then appeal, you never know the test case could go reels of cotton before I get there.

[wilsikon]

sorry to be a pain, does anyone know the form I need to change names of claimants?

[scoobz]

Hi Wilsikon

 

The form I used to amend my particulars of claim and the claim amount was N244 (which can be downloaded from HM Courts website). I had to pay £35 at court to file the application and then it goes before a judge to be passed. They will then adivse you of the amendment.

 

If you need help filling it in then let me know...

 

Scoobz

[jansus]

Well sounds as if the judge was on your side then - and it would appear form the thread in post 13 that there are certain rules that the defendant should adhere to when asking for a stay as well.

 

I am sorry though I still dont undertsand about the joint names thing as the post I mentioned is from Michael browne and he is very knowledgeable.

I know you will have to fill in form as that is what the judge has said - but that could affect lots of claimants on here - and as I said I was told that unless it is a both to sign account - or perhaps if the account was closed - then the claimcould be in one name?

 

Anyone else seen this before?

 

Jan

[wilsikon]

Here is the original wording of Wragges argument:

 

The bank account, the subject matter of these proceedings is account number *******, which is a joint account between the Defendant and Mr Mark Townend. Without the joinder of Mr Townend, the Defendant remains liable to a second claim by him in relation to the same subject matter of these proceedings. Accordingly, the claim ought to be struck out.

[dollies01]

I think you are right to amend this Wilsikon, after all the Judge knows his job eh?!

 

Good luck with it.