Stop Press - View On Oft/bank Announcement

eloquin

I sent my initial bank charges reclaim letter on Jun 07, then followed it up with a 2nd letter on Jul 17. I have today received a letter from the bank explaining that it is suspending all such claims due to the test case with the OFT. The letter also states (twice!) that should I decide to issue a claim through the courts, the bank will apply to the court for an order to stay the action until resolution of the test case.

I think that anyone preparing a claim should press on. Keep the pressure up & let the banks know that the little people won't stand for it any more.

PS Well said Maz 3374 & Basser!

Edinburghlass_2

If you wish to protect the early charges in your claim you must start a court action or your early charges will be time barred by the time the test case is over.

http://www.moneysavingexpert.com/reclaim/bank-charges-alert

tryingtowin_2

<TABLE id=HB_Mail_Container height="100%" cellSpacing=0 cellPadding=0 width="100%" border=0 UNSELECTABLE="on"><TBODY><TR height="100%" width="100%" UNSELECTABLE="on"><TD id=HB_Focus_Element vAlign=top width="100%" background="" height=250 UNSELECTABLE="off">hi.
i am sorry for posting here, but i donot know where else to post.
I need help with my claim, and after hearing about the test trials i am now abit confused.

i have put a claim in for LTSB, gone thru all the process of MCOL and now this morning recieved a date from the court..

dated: 01 08 08

the parties shall exchange the following no later than the 7th sept 07,

the written statements of evidence.
copies of any documents which a party proposes to rely on.

court date for claim 02 nov 2007.

documents sent to the court must clearly state the date and time of the hearing.

what do i need to do?? can someone please help me. i am sorry i know i have posted in the wrong place, but the thread i usually post is closed, and i am really scared and confused as i dont know what i should do next.

thanks.
lisa



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Stokey125

tryingtowin wrote: »

<table id="HB_Mail_Container" unselectable="on" border="0" cellpadding="0" cellspacing="0" height="100%" width="100%"><tbody><tr width="100%" unselectable="on" height="100%"><td id="HB_Focus_Element" unselectable="off" background="" height="250" valign="top" width="100%">hi.
i am sorry for posting here, but i donot know where else to post.
I need help with my claim, and after hearing about the test trials i am now abit confused.

i have put a claim in for LTSB, gone thru all the process of MCOL and now this morning recieved a date from the court..

dated: 01 08 08

the parties shall exchange the following no later than the 7th sept 07,

the written statements of evidence.
copies of any documents which a party proposes to rely on.

court date for claim 02 nov 2007.

documents sent to the court must clearly state the date and time of the hearing.

what do i need to do?? can someone please help me. i am sorry i know i have posted in the wrong place, but the thread i usually post is closed, and i am really scared and confused as i dont know what i should do next.

thanks.
lisa



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I am not sure if you were going to give any evidence about your dealings with the bank or rely on any expert evidence on the actual cost of returning unpaid items but if you were then that evidence must be provided to the banks solicitors by 7 September that is what is meant by written statements of evidence. With regards to the second set of things this would be the court bundle see the thread on what to put in it. If you have not recieved the banks documents by the 19 Septmeber check that they have sent it if they have not tell them that if they do not supply the documnets within 7 days you will be applying for an order that unless they supply the evidence and documents they be debarred from furtehr defending the matter.

agnes_2

Hello again Edinburghlass I have phoned the Cardiff Court today and was told that a 'Stay' has been placed on my claim and I dont need to come to court on the 14th August. I am really angry about this after all this preparation and getting this far. I cannot see for the life of me how they can get away with this. the OFT seems to be playing into the hands of the Banks. The banks have made billions profits and are using us the money back claimers to blame for having to charge for running current accounts, and yet they will now be allowed to further profit from the unlawful moneys, they are extracting over the many years this WILL drag on What really gets me is these people on here who are saying how clever they are not getting overdrawn, yet they do not seem to have enough intelligence to understand the fact that it is not the objection to paying SOMETHING when you default it is the AMOUNT. Had everyone be charged the true cost!!! none of this would happen. So by the reasoning of these people we the claimants have been supporting their current accounts for years with unlawful money extorted from us.!!

I now have to send some sort of objection letter I copied one from here, but now understand there is something else called an Application can you teel me what I should send please.

Jester

Agnes wrote: »

Hello again Edinburghlass I have phoned the Cardiff Court today and was told that a 'Stay' has been placed on my claim and I dont need to come to court on the 14th August. I am really angry about this after all this preparation and getting this far. I cannot see for the life of me how they can get away with this. the OFT seems to be playing into the hands of the Banks. The banks have made billions profits and are using us the money back claimers to blame for having to charge for running current accounts, and yet they will now be allowed to further profit from the unlawful moneys, they are extracting over the many years this WILL drag on What really gets me is these people on here who are saying how clever they are not getting overdrawn, yet they do not seem to have enough intelligence to understand the fact that it is not the objection to paying SOMETHING when you default it is the AMOUNT. Had everyone be charged the true cost!!! none of this would happen. So by the reasoning of these people we the claimants have been supporting their current accounts for years with unlawful money extorted from us.!!

I now have to send some sort of objection letter I copied one from here, but now understand there is something else called an Application can you teel me what I should send please.

Agnes,

I am also claiming thru Cardiff County Court and have had the same issue. I was supposed to be at Cardiff CC on the 14th too.

I've already posted advice on what needs to be done on this very thread yesterday so won't repeat it now. You can find it by going back one page.

You need to go here http://www.consumeractiongroup.co.uk...val-staty.html

...and you will find all you need to know about filing an application to have a Stay removed, the application form (N244), how to fill in that form, supporting evidence etc etc.

There are at least 8 of us (that I know of) who were all due in Cardiff CC on the 14th August, and every one of us has filed an application to have the Stay removed. As it is the 7th August today, I'd get cracking and put your application in as quickly as possible. Remember to send it by recorded delivery and make sure that you send a copy to the Defendant as well as the Court.

Cardiff County Court are waiving the normal £35 fee that this would normally attract.

Good luck !!

jonesys_2

Jester wrote: »

Jonesys,

If you have heard from the Defendant's solicitors that they are applying for a Stay in proceedings, then it is worth you calling Llanelli County Court to ask them what is happening.
I'd not heard anything from Cardiff County Court, but others on here were aware that Cardiff County Court were granting the stay. So all I did was call the Court and ask for confirmation on what is happening. Cardiff CC confirmed to me that the Stay had been granted so I asked them what redress I had to reverse the decision. They told me to appeal using form N244 and that the usual £35 fee was being waived.

Each court is dofferent however and it all depends on the Judge that presides at that particular Court. So call Llanelli CC and find out what is happening. If you are lucky, then the Judge there will be proceeding as normal. If not then you will have the right to appeal as I did.

Thanks for that, I just rung the court and they told me that it had not been stayed! thank goodness. But she stated it was a preliminary hearing. I am not familiar with the court system so dont know if this is the same hearing as yours? i havnt been asked to fill in an AQ or any other paperwork for that matter. Also rang SCAM to inform them the case was still going ahead. They told me to contact Lloyds. which i did, and was told first of all that all cases were stayed. I then informed them of what the courts had said, adding that i would also be claiming for additional charges acrued since the start of my claim and loss of earnings if i do attend on Tuesday. He informed me that someone would call me back with a settlement?? Have you had this sort of respnse from them? or is it just tactics again?

Wiggynut

I thought Credit Cards were not affected by the test case or at least the court process would not involve a 'stay' but this has happened to someone on the Monument Credit Card board!
Is the decision to put a 'stay' on procedings to do with individual judges or is this country wide?

Edinburghlass_2

jonesys wrote: »

Thanks for that, I just rung the court and they told me that it had not been stayed! thank goodness. But she stated it was a preliminary hearing. I am not familiar with the court system so dont know if this is the same hearing as yours? i havnt been asked to fill in an AQ or any other paperwork for that matter. Also rang SCAM to inform them the case was still going ahead. They told me to contact Lloyds. which i did, and was told first of all that all cases were stayed. I then informed them of what the courts had said, adding that i would also be claiming for additional charges acrued since the start of my claim and loss of earnings if i do attend on Tuesday. He informed me that someone would call me back with a settlement?? Have you had this sort of respnse from them? or is it just tactics again?

A preliminary hearing is to decide which way forward for probably quite a few cases so you need to go prepared for your bank to ask for a stay. This will mean that Lloyds or a representative need to attend and so it sounds like they don't want to as they are saying there is a chance you will get a settlement before hand.

You do need to be prepared to go to court though and athough you haven't been asked for a court bundle do take along your detailed list of charges, statements and any letters you have received from the bank.

And write down todays date and time of this call you had with Lloyds and exactly what they said for reference.

Jester

Jonesys,

EdinburghLass is correct as always.It seems that some courts use different language to describe some of these hearings. Mine is supposed to be a Directions hearing, but I think it is the same as what you are coming up to.

Regardless, at least the judge in Llanelli is being co-operative and not Staying the proceedings like they are in Cardiff.

I sent my application to have the Stay removed on Monday by recorded delivery and know that it was delivered yesterday. Hopefully, I may hear anytime from today onward whether my application was successful.

Ironically, as a Swansea resident, it woul have been closer to have had my hearing in Llanelli rather than Cardiff, but the Swansea County Court switched mine to Cardiff a while back. Cardiff CC 45 miles away from me, Llanelli CC 13 miles away from me. Hmm, do ya think someone is trying to put me off ? lol