bank charges court bundle

millynmile

I went the court route on claiming my bank charges back from abbey national and had to produce a court bundle which i did and sent a copy to the courts and abbey. Abbey had to submit there bundle to the court and myself they didn't do this by the date set by the court. I wrote to the court and stated in my letter that because abbey failed comply with the court i had won my case by default. I was then told that all claims were put on hold. Is there anything i can do after the oft lost.

natweststaffmember

millynmile wrote: »

I went the court route on claiming my bank charges back from abbey national and had to produce a court bundle which i did and sent a copy to the courts and abbey. Abbey had to submit there bundle to the court and myself they didn't do this by the date set by the court. I wrote to the court and stated in my letter that because abbey failed comply with the court i had won my case by default. I was then told that all claims were put on hold. Is there anything i can do after the oft lost.

Ask the court the terms of your specific stay.

millynmile

i have phoned the courts and they said they are going to pass my case to the judge

orc_2

Please keep us informed and good luck.

Equaliser123

millynmile wrote: »

I went the court route on claiming my bank charges back from abbey national and had to produce a court bundle which i did and sent a copy to the courts and abbey. Abbey had to submit there bundle to the court and myself they didn't do this by the date set by the court. I wrote to the court and stated in my letter that because abbey failed comply with the court i had won my case by default. I was then told that all claims were put on hold. Is there anything i can do after the oft lost.

Failing to provide a bundle does not mean that there is a default judgment.

millynmile

i have heard from the courts and they are saying that the stay stands due to the decision of the oft case. i produced my court bundle and followed the correct procedures at the time and this was before the banks put a stay on all charges. is there anything i can do now

natweststaffmember

millynmile wrote: »

i have heard from the courts and they are saying that the stay stands due to the decision of the oft case. i produced my court bundle and followed the correct procedures at the time and this was before the banks put a stay on all charges. is there anything i can do now

What are the terms of the stay? How is the stay worded since not all claims are stayed indefinitely?

millynmile

im not sure how the stay is worded as i never had a letter from the court or abbey national telling me that my case was stayed only heard from the news that all bank charge cases were stayed . ive had a letter back from the courts but dont understand what they are telling me. it says that this order is made pursuant to the overiding objective in CPR1.1 in furtherance of the courts duty under CPR1.4 in exercise of the courts general powers of management under CPR3.1 and of the courts own initiative. And any application to remove the stay must be made by 4pm on the 30th nov 2010, together with any application for permission to amend the particulars of claim. any outstanding court fees must be paid by the same time. if no application by either party are made by the set time and date or if any court fees due from the claimant remain outstanding on the 30th nov the claim will be struck out. the order was made by the court of its own initiative under cpr3.3. any party affected by this order may apply to have it set aside, varied or stayed within 7 days of the date on which the order is served on that party. Can anyone please shed any light on what they are talking about or am i just been a bit thick.

millynmile

i have managed to speak to somebody at the courts and they have said that i need to complete n244 form and pay £75 to have the stay lifted and put a letter with the form regarding any other information. then they will pass it on to the judge again. lets keep fingers crossed that i get some good news from this otherwise it has cost me more money.

natweststaffmember

millynmile wrote: »

i have managed to speak to somebody at the courts and they have said that i need to complete n244 form and pay £75 to have the stay lifted and put a letter with the form regarding any other information. then they will pass it on to the judge again. lets keep fingers crossed that i get some good news from this otherwise it has cost me more money.

Do nothing for the time being because you have until November to do something. You are in a good position for the time being but please read Martin's guide thoroughly and fully understand it, ok?