Court Case Stayed which court? (merged)

it was Durham court that stayed our case

territshirt wrote: »

:mad: Well went to court yesterday, and got a stay, even thought abbey did not turn up, the judge already made his mind up before I got to court, so why did they not write and cancel the court date instead of wasting my time.
I am so angry abbey could not be bother to turn up and they get the stay and when I asked what would have happen it I did not turn up I was told that I would have lost my claim and that by turning up I had kept my foot in the door until the teat case next year. The judge said although it was rude of abbey not to turn up, they are expecting the judges to stay the cases anyway which is why they did not turn up. Who side are the judges on it did not feel like he was inpartial and I felt like a little fish in a shark infested pond.
We just have to wait to next year, hope other are having more luck.
:mad:

That is exactly what every lay person is dealing with, your expression sharks just about sums the matters up.

Have a read here it might help:
http://forums.moneysavingexpert.com/showthread.html?t=522841

Just this morning had notification my case will be stayed pending the result of the test case.

Here's part of the letter

Upon Thursday, 09 August 2007 the papers in this claim were considered by District Judge Buckley and,

(a) (just highlights the test case)
(b) (further information available from https://www.oft.gov.uk
(c) The issues raised in the test case will affect this case.

IT IS ORDERED THAT:

1. This claim is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision).

2. The defendant shall within 28 days of the final decision in the test case file at court and serve the claiment:

(a) a case summary of not more than 500 words setting out the effect of that decision;

(b) their proposed directions in ths claim.

3. Upon receipt of the documents set out at paragraph 2 of this order the file be referred to a resident District Judge to consider further directions.

4. Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay.

5. Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed, any such application to be made on notice and within seven days of service of this order.

Judge Buckley, You bottled it!!!:mad:

I've previously faxed and sent a letter stating reasons why the case should not be stayed, but whether that was considered is another story.

I know Stokey has some good arguments (some of which i used) so i'll look more in depth at some of his posts (i suggest you have a look if expecting/awaiting a similar outcome) and will def now apply for hardship which i assume i just write back to the court with my reasons why.

If any one has any advice ect i'd truly appreciate it

Hi
Anyone had experience of St Helens County Court, if so are they complying with the banks or are the judges allowing cases to go ahead, I'm just awaiting a date for court, but I've received a letter from Shabbey, to say they are applying for a stay until after the test case

Thanks in advance
Sparky0107

Hi, I am due in court at northampton at 12.20 . i did receive a letter on 15th from cobetts advising that they were requesting a stay. I called the court but they have advised me to still attend. will let you know as soon as i back ! fingers crossed. With regard to you i think from what i have read on some post s is that you can claim that you are suffering hardship from waiting as a way to get judge to hear case.