Help! Court has thrown out my claim on the expiry of my stay

gramsci99

I made a claim for bank charges against First Direct in July 2007. All was proceeding until the general stay was applied on 22 August 2007 due to the OFT test case and my claim was transferred to a local court. The stay had an expiry of 28 October 2007. As the stay was imposed centrally (and not asked for by myself or First Direct), I assumed that it would be extended automatically until that case was settled one way or another.

I received no more correspondence from the court until 24 November 2008 when I received a judgement that as the stay had come to an end and that there had been no correspondence from either party, the claim stood dismissed. I rang the court and explained that I did not understand this; I had received nothing from them, the stay was not requested by either myself or First Direct and I personally wanted the case to be heard. I was advised to write to the Judge and advise him of this.

I wrote and heard nothing. I rang again and was told that my file was with the Judge. I rang again two weeks later and it was obvious that they had lost t he letter. So I sent them another copy. I got a reply this week stating:

"The Order made on 28th September 2007 stayed the cases until Final Judgement or 31st October 2008 whichever is the sooner. It further provides that if no application is made to lift the stay or seek further directions before the earliest of the dates the claim should stand dismissed without further order.
There having been no application made before the 31st October 2008 the claim was dismissed. If the claimant has made an assumption that is wrong, it is not the court's fault."

So now I am at a loss as to what to to do next. I've looked at the Civil Procedure Rules and there appear to be remedies to this but I don't really know what applies in these circumstances. I feel as if 'natural justice' has not been applied by the court.

Can anyone help?

KILL_BILL

you need to make an application to reinstate the claim - giving you reasons for the application and any evidence that you have to support your claim.

Just state that you were waiting for the OFT matter to be dealt with in order that you could consider the matter further.

gramsci99

Thanks

Is there a special form or something I should fill in

kev2b3

Interesting question, i thought that when the FSA and the OFT agreed on the stay back in 2007 everything was put on hold. I didn't know there was a expiry date on the applications. Does this mean that you need to give the courts another £120 plus a detail account of the charges once again?