MCOL Staying Cases Without Hearing...

Norfolk_Shot · 23 August 2007 at 3:57PM

I'm far from happy, i've today recieved notification from MCOL that they have stayed my case with Nationwide without a hearing...i've not even had a defence from Nationwide.

This is all seeming rather corrupt to me, surely having paid my fee i'm entitled to at least put my case forward...

I'm wondering as the banks have clogged the court system up wether MCOL have taken the easy way out to ease things.

I've not actually seen the paperwork as i'm working away from home and my partner phoned me, i'm guessing i can appeal and i'm guessing it will cost me more money.

Any advice on the way forward for me to consider would be appreciated...

Stokey125 · 23 August 2007 at 4:22PM

Norfolk_Shot wrote: »

I'm far from happy, i've today recieved notification from MCOL that they have stayed my case with Nationwide without a hearing...i've not even had a defence from Nationwide.

This is all seeming rather corrupt to me, surely having paid my fee i'm entitled to at least put my case forward...

I'm wondering as the banks have clogged the court system up wether MCOL have taken the easy way out to ease things.

I've not actually seen the paperwork as i'm working away from home and my partner phoned me, i'm guessing i can appeal and i'm guessing it will cost me more money.

Any advice on the way forward for me to consider would be appreciated...

You have seven days to seek to vary the order as it was made without you being present. There are a coiple of threads with arguments as to why a stay should be lifted. I believe you can also find information on the CAG site.

Edinburghlass_2 · 23 August 2007 at 5:14PM

http://www.hmcourts-service.gov.uk/cms/bulkcentre.htm

Norfolk_Shot · 23 August 2007 at 5:52PM

Thanks Guys,

I'm not back home until Monday so i'll ring MCOL tomorrow and ask them when the deadline is to fight it....

RobsonGTO_2 · 25 August 2007 at 10:53AM

Well ive just got a letter from the Northampton court telling me HSBC has requested a stay... it says..

without hearing

IT IS ORDERED THAT:-

1)Following the filing of a defence or holding defence the claim shall be stayed pending judgement in the Ofice of Fiar Traiding test case.
2) Liberty to apply with and explanation

Note: any part of this order may under the rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under the rule 23.3 within 14 days or the service order.

What shall i do now? wait? or can I fight this and get it moved to a court near me? Im in lincoln and northampton is a good drive way

Soupie_2 · 25 August 2007 at 2:01PM

I have had the exact same letter today, same Court (nearly 200 miles from me) and a change in bank name from Yorkshire Bank PLC to Clydesdale Bank as Clydesdale are part of the Test Case group! I need to know if it means I can take some action the 'Any Party affected can apply to have it set aside, varied or stayed.' bit is extremely confusing ! HELLLLLP!

Soupie_2 · 25 August 2007 at 2:58PM

Also my Order isnt dated... so how do I know what is the 14 day deadline ?? its simply signed AJ .... think I will ring the Court Office on Tuesday, an explanation of terminology is needed

(

beardface_2 · 25 August 2007 at 5:51PM

To make things clear. Northampton is the bulk issue centre i.e. where all MCOL claims start life. The senior Judge there has now decide that ALL claims that have a defence filed will be stayed and will REMAIN at Northampton.

If you make an application to lift the stay then then this SHOULD be heard at your local court unless a Judge at Northampton belives that this can be dealt with "ex-parte" i.e. with out a hearing but as you will be paying the fee for an "on notice" hearing then this shouldn't happen.

All the gobbledygook just means your ARE allowed to make an application to lift the stay and it MUST be on the proper form ie. not a letter

Soupie_2 · 25 August 2007 at 7:14PM

Thanks for that information....... so I can telephone Northampton Court and ask for a form to lift the stay ? does that mean my case could be heard quickly and before the test case wotnot goes through? can I also ask for it to be transferred to a local court on the same application to remove the stay form ? how much will it cost ?

sorry to sound thick

scousekraut · 26 August 2007 at 2:37PM

Hi Soupie.

Here is the link for form N244, which needs to be sumbitted to apply for a lift of the Stay.

http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_0400.pdf

I understand that it will cost £35

jazzyjustlaw · 26 August 2007 at 2:48PM

beardface wrote: »

To make things clear. Northampton is the bulk issue centre i.e. where all MCOL claims start life. The senior Judge there has now decide that ALL claims that have a defence filed will be stayed and will REMAIN at Northampton.

If you make an application to lift the stay then then this SHOULD be heard at your local court unless a Judge at Northampton belives that this can be dealt with "ex-parte" i.e. with out a hearing but as you will be paying the fee for an "on notice" hearing then this shouldn't happen.

All the gobbledygook just means your ARE allowed to make an application to lift the stay and it MUST be on the proper form ie. not a letter

OHG ex parte means without notice!!! It does not mean without a hearing!!

MCOL Staying Cases Without Hearing...

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