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Stay of Action
squeakysmile
Posts: 1 Newbie
Hi all
I'm in the process of claiming about £1400 worth of charges for Lloyds.
Had a letter for court today saying
Quote
"Upon consideration of the court file
IT IS ORDERED THAT
The action be stayed until 15th April 2007 or further Order on the basis that there is likely to be a test case before a Higher Court before the end of the year the result of which is likely to reduce the need and/or amount of litigation in these type of cases: the stay will afford the partied an
opportunity to try and settle the matter without a court hearing."
The letter continues
"Liberty to apply to remove the stay
File to be back to the District Judge by 29th April
This order was made on the District Judge's own initiative pursuant CPR Part 23.8.
If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10."
End letter.
I can't find any other posts that have had a similar letter.
I guess the Judge just wants to wait and see the out come of the test case before making the judgment.
My fear is that this will go in the banks favor.
Any idea what should I do next? :huh:
I'm in the process of claiming about £1400 worth of charges for Lloyds.
Had a letter for court today saying
Quote
"Upon consideration of the court file
IT IS ORDERED THAT
The action be stayed until 15th April 2007 or further Order on the basis that there is likely to be a test case before a Higher Court before the end of the year the result of which is likely to reduce the need and/or amount of litigation in these type of cases: the stay will afford the partied an
opportunity to try and settle the matter without a court hearing."
The letter continues
"Liberty to apply to remove the stay
File to be back to the District Judge by 29th April
This order was made on the District Judge's own initiative pursuant CPR Part 23.8.
If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10."
End letter.
I can't find any other posts that have had a similar letter.
I guess the Judge just wants to wait and see the out come of the test case before making the judgment.
My fear is that this will go in the banks favor.
Any idea what should I do next? :huh:
0
Comments
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squeakysmile wrote:Had a letter for court today saying
Quote
"Upon consideration of the court file
IT IS ORDERED THAT
The action be stayed until 15th April 2007 or further Order on the basis that there is likely to be a test case before a Higher Court before the end of the year the result of which is likely to reduce the need and/or amount of litigation in these type of cases: the stay will afford the partied an
opportunity to try and settle the matter without a court hearing."
The letter continues
"Liberty to apply to remove the stay
File to be back to the District Judge by 29th April
This order was made on the District Judge's own initiative pursuant CPR Part 23.8.
If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10."
End letter.
I can't find any other posts that have had a similar letter.
I guess the Judge just wants to wait and see the out come of the test case before making the judgment.
OK, as you've probably gathered, this means the bank are trying to use a stay to prevent the case continuing in anticipation of a test case ruling. This is something Lloyds TSB have done before, and makes things a bit more complicated.
You can apply to have the stay removed although this involves an additional fee. If you wish to proceed, let me know and I will point you to further information.0 -
HELP! Can anyone help/advise
I am reclaiming Bank Charges and have received General Form of Judgement or Order stating:-
'The action be stayed until 28th April or until further order on the basis that there is a possibility of a test case before a Higher Court within the next few months the result of which is likely to reduce the need and/or amount of litigation in these types of cases:the stay will afford the parties an opportunity to try and settle the matter without a court hearing.
Liberty to apply to remove the stay
File to be referred back to the District Judge by 14th May 2007.
The order was made on the District Judge's own initiative pursuant to CPR Part 23.8 If you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed within 7 days of receiveing it pursuant to CPR Part 23.10'
This looks like another delaying tactic, does anyone know of any grounds to have this set aside that I can use???0 -
vicky.cieciora wrote:This looks like another delaying tactic, does anyone know of any grounds to have this set aside that I can use???
Vicky, this seems to happening more often now, particularly with some banks.
Please see my post here:
http://forums.moneysavingexpert.com/showthread.html?t=391204&
There isn't currently a template reply on this site, but you can find one here at the CAG:
http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/11437-keren29-abbey-9.html#post3709970 -
Hi Nick,
I have also got a similar letter but am not sure what to do with it..... it says:
General Form of Jugdement or Order
It is ordered that:
1 - the claim is allocated to the small claims track
2 - The action is stayed until 18th May 2007 during which period the parties shall try to settle the matter............. and to have if necessary at least one face to face meeting.........
3 - By 4pm on 2nd July 2007 the parties shall file at court an agreed report in writing of the outcome of negotiations including steps taken........ and the reason for failure to reach settlement (if no settlement has been agreed)
4 - Failure to comply.........
5 - Because the court has made this order without representations...... parties have a right to have the order set aside.........
MY QUESTION!
Does this mean that I need to try and negotiate with HSBC? I have called and asked if anybody knows about any offers that will be made to me and the lady had nothing on the system?
Does this mean that I simply send a letter by 2nd July saying they have refused to come to a settlement?
What would you suggest I do at this point?
Thanks for your help!
Ben0 -
2 - The action is stayed until 18th May 2007 during which period the parties shall try to settle the matter............. and to have if necessary at least one face to face meeting.........
What would you suggest I do at this point?
It's best to try and follow the courts directive as closely as possible.
I don't think for a minute the bank would attend a face to face meeting. You could send a letter asking though. My guess is they will ignore it and this would likely weaken their case should it end up in court.0 -
Hi Nick,
I have just recieved "Standard order for stayfor settlement with consent from both parties" letter from the court.
This appers to be slightly diferent to the other order for stay items I have found whilst searching this forum.
It say at the bottom that "Any party affected may apply in 7 days of service for it to be set asdide, varied or stayed."
I am not sure what to do now, I have already returned my allocation questionaire. Should I just ride it out until the 15th June or ask for it to be set aside?
Many Thanks,
Paul0 -
Similar but different, have a read of this thread which might help.
http://forums.moneysavingexpert.com/showthread.html?t=4414610
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