STAY applied to Credit Card claim - how can this be?

HAVEFAITH

Stay applied to Credit Card claim - how can this be? Hi,

I put a moneyclaim in vs Virgin cc and this was defended. The judgment has been made and a stay has been put in place. How can this be for Credit cards and how do I apply to have the stay lifted? Thank you!

natweststaffmember

HAVEFAITH wrote: »

Stay applied to Credit Card claim - how can this be? Hi,

I put a moneyclaim in vs Virgin cc and this was defended. The judgment has been made and a stay has been put in place. How can this be for Credit cards and how do I apply to have the stay lifted? Thank you!

I think you need to contact the court and ask them for advice. I would suggest a letter to the court that the stay has been granted in error as it is a credit card charges case.
What was the POC?

HAVEFAITH

natweststaffmember wrote: »

I think you need to contact the court and ask them for advice. I would suggest a letter to the court that the stay has been granted in error as it is a credit card charges case.
What was the POC?

Not for credit cards

HAVEFAITH

natweststaffmember wrote: »

I think you need to contact the court and ask them for advice. I would suggest a letter to the court that the stay has been granted in error as it is a credit card charges case.
What was the POC?

ok thank you ... sorry excuse my igonarance, what's POC?

Orford

HAVEFAITH wrote: »

what's POC?

Particulars of Claim

esmerellda

Something like this to court

Dear Sir

I write to confirm the receipt of your order for my claim number XXXXXX.

I note that the order is for my claim to be stayed pending the ultimate determination of the Court Litigation, brought by the Office of Fair Trading, relating to the matter of the application of the law in respect of unauthorised overdraft charges on BANK current accounts .

I wish to make the court aware that my claim does not relate in any way to unauthorised charges on a current bank account. It is a claim for the return of disproportionate charges levied for defaults on a credit card.

The OFT has previously investigated the level of charges levied in respect of credit cards (April 2006) and in view of this report, credit card claims are not included in the current test case proceedings OFT V Abbey national & Ors.

Following this report, default charges have been broadly reduced to around £12. However, I still believe these charges to be punitive in nature and not a genuine pre-estimate of cost incurred by the credit card company. I believe they exceed any alleged actual loss in respect of any breaches of contract on my part and are not intended to represent or relateto any alleged actual loss, but instead unduly enrich the credit card companies which exercises the contractual term in respect of such charges with a view to profit.

In order to amount to lawful liquidated damages it has to be shown that the charges applied represent a genuine pre-estimate of losses (per Lord Dunedin Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79).

I therefore respectfully request that the ordered stay on my claim number xxxxxxx be lifted and my case allowed to proceed without delay or reference to the pending test case .

I thank the court for its time and consideration in reviewing this matter and hope this clarifies the particulars of my claim.



Yours faithfully



Edit to suit (BIT OF AN OLD LETTER SORRY)

HAVEFAITH

esmerellda wrote: »

Something like this to court

Dear Sir

I write to confirm the receipt of your order for my claim number XXXXXX.

I note that the order is for my claim to be stayed pending the ultimate determination of the Court Litigation, brought by the Office of Fair Trading, relating to the matter of the application of the law in respect of unauthorised overdraft charges on BANK current accounts .

I wish to make the court aware that my claim does not relate in any way to unauthorised charges on a current bank account. It is a claim for the return of disproportionate charges levied for defaults on a credit card.

The OFT has previously investigated the level of charges levied in respect of credit cards (April 2006) and in view of this report, credit card claims are not included in the current test case proceedings OFT V Abbey national & Ors.

Following this report, default charges have been broadly reduced to around £12. However, I still believe these charges to be punitive in nature and not a genuine pre-estimate of cost incurred by the credit card company. I believe they exceed any alleged actual loss in respect of any breaches of contract on my part and are not intended to represent or relateto any alleged actual loss, but instead unduly enrich the credit card companies which exercises the contractual term in respect of such charges with a view to profit.

In order to amount to lawful liquidated damages it has to be shown that the charges applied represent a genuine pre-estimate of losses (per Lord Dunedin Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79).

I therefore respectfully request that the ordered stay on my claim number xxxxxxx be lifted and my case allowed to proceed without delay or reference to the pending test case .

I thank the court for its time and consideration in reviewing this matter and hope this clarifies the particulars of my claim.



Yours faithfully



Edit to suit (BIT OF AN OLD LETTER SORRY)

That's excellent, thank you very much!