OFT and Banks to decide on "fair charge"

Stokey125

Whether to issue is a matter for you but you have to bear in mind the limitation period if the test case takes another year or more to finalise then the period you can claim for would be affected. While you could claim for any new charges you would lose your right to claim any charges which are more than 6 years old.

hewplay

Having just read my court GENERAL FORM OF JUDGMENT OR ORDER again from the courts and i notice number 9 on the document and it says
THIS ORDER HAS BEEN MADE BY THE COURT OF ITS OWN INITIAVE WITHOUT HEARING THE PARTIES OR GIVING THEM AN OPPORTUNITY TO MAKE REPRESENTATIONS. ANY PARTY AFFECTED BY THE ORDER MAY APPLY TO HAVE IT SET ASIDE VARIED OR STAYED. SUCH AN APPLICATION MUST BE MADE NOT MORE THAN 7 DAYS AFTER THE DATE ON WHICH THE ORDER WAS SERVED ON THE PARTY MAKING THE APPLICATION
as this order was made over a month ago would that then mean they cannot ask for the case to be stayed as it was not done in the 7 day timescale???

Stokey125

hewplay wrote: »

Having just read my court GENERAL FORM OF JUDGMENT OR ORDER again from the courts and i notice number 9 on the document and it says
THIS ORDER HAS BEEN MADE BY THE COURT OF ITS OWN INITIAVE WITHOUT HEARING THE PARTIES OR GIVING THEM AN OPPORTUNITY TO MAKE REPRESENTATIONS. ANY PARTY AFFECTED BY THE ORDER MAY APPLY TO HAVE IT SET ASIDE VARIED OR STAYED. SUCH AN APPLICATION MUST BE MADE NOT MORE THAN 7 DAYS AFTER THE DATE ON WHICH THE ORDER WAS SERVED ON THE PARTY MAKING THE APPLICATION
as this order was made over a month ago would that then mean they cannot ask for the case to be stayed as it was not done in the 7 day timescale???

As they have not appllied for the order to be varied they will have to comply with it or seek permission to appeal out of time. I assume it has a provision that they will have to file an amended defence within a specific time. Note when the amended defence is due in then if you have not recieved the defence two days after it write to the court asking for judgment to be entered in default enclose a copy of the order.

hewplay

Stokey125 wrote: »

As they have not appllied for the order to be varied they will have to comply with it or seek permission to appeal out of time. I assume it has a provision that they will have to file an amended defence within a specific time. Note when the amended defence is due in then if you have not recieved the defence two days after it write to the court asking for judgment to be entered in default enclose a copy of the order.

item 4 states that from 21 July to 18 August the claim shall be stayed to give parties an oppertunity to reach a settlement
item 5 states that If no settlemant is reached by 18 August the defendent shall by 1st september file and servea schedule in response in resposne to the claiments schedule etc.....

BritBrat

I have not read all the thread and I am not making a claim but what did come to my mind if if this case takes over 6 years to resolve will people be out of the time scale for claiming ilegal charges?

Stokey125

hewplay wrote: »

item 4 states that from 21 July to 18 August the claim shall be stayed to give parties an oppertunity to reach a settlement
item 5 states that If no settlemant is reached by 18 August the defendent shall by 1st september file and servea schedule in response in resposne to the claiments schedule etc.....

This is similar to another one I have seen on this board. So the position is that your case is currently suspended but not because of this test case but because of the order. If they do not serve teh schedule by 1 September apply for judgment on the 4 September.

hewplay

Stokey125 wrote: »

This is similar to another one I have seen on this board. So the position is that your case is currently suspended but not because of this test case but because of the order. If they do not serve teh schedule by 1 September apply for judgment on the 4 September.

Thanks Stokey
i do not suppose you would know if they could still stay this case or will it have to continue, it is probably early days still regarding the courts but i really thought that i was coming to the end with this case

Stokey125

They would have to apply for the stay to be continued