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Southend County Court

2

Comments

  • :A Hahaha!! You are probably right...you should have heard me trying to say it though...In the end I just read your post out lol!
  • missjules wrote: »
    Hubby rung the court yesterday and was told that our claim had been stayed (judge dudley) and would be receiving a letter confirming this, and the date it has been stayed to.
    Yes thats the darstadly Judge! there is still a way forward though as you can see above....I wouldn't want to be in your shoes calling them up after the mood they seem to be in! I'm gonna take my chances and keep going.
  • Stokey125
    Stokey125 Posts: 671 Forumite
    Hi, I was at Southend County COurt this morning as one of the claimants and it transpires that Barclays are intending to defend the case, and as such the sitting judge fast tracked all the cases today and they will be heard collectively. This does mean that because the cases are being fast tracked and not being dealt with under the small claims process, then fees could be payable if the judgement is fund in favout of the defandant.

    According to the judge there are about 50 cases which are being bundled together, not just today claimants cases of which there were 6 claimants against Barclays.

    If you were one of the claimants today, or your case has been fast tracked and to be heard by Judge Dedman on 4th Decemeber at 10:30, then would the forum administrator be able to co-ordinate these claimant being able to contact each other to pool our resources and deal with these as a group action?


    This explains an earlier discussion it would seem that the banks are not getting there way with the Courts and what the District Judge this morning is allocate all today's matters to the Fast Track and listed them for hearing before the Circuit Judge (HHJ Dedman) on 4 December 2007. What is not clear because of what the court staff have told other posters on this thread is whether all the other bank charges cases which were not listed today at Southend have been stayed pending the 4 December hearing. Which would seem to be the implication of the reference to 50 cases. Or if they have been stayed pending the high court case.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • borgbaiter
    borgbaiter Posts: 600 Forumite
    hi all

    my case v HSBC has also been stayed at southend county court. Also Judge Dudley. ive made a an application to lift the stay (form N244 and another £35-00 :mad: ) using a template letter found on the CAG site.

    just have to wait and see what happens next.

    doesnt seem like justice when they can keep charging leaving us with nothing we can do.
    claimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£5482
  • Stokey125
    Stokey125 Posts: 671 Forumite
    It would seem that District Judge Dudley at Southend is trying to effectively short circuit the OFT case by listing a group of cases for hearing in December before the Circuit Judge. If the Circuit Judge at Southend in December rules against the banks then it may be an idea for everyone who has a case stayed to apply for the stays to be lifted on the basis that we have had a ruling on the validity of the charges. As the decision at Southend would be by the Circuit Judge the District Judges may follow it.


    While the banks would in all probability appeal an adverse decision from Southend this would mean that you will have two Bank charges cases in the High Court an appeal from Southend and the OFT case.


    That begs the question do we want to have a concerted effort for a ruling on the matter in this matter in December or wait until next year for the OFT case.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • borgbaiter wrote: »
    hi all

    my case v HSBC has also been stayed at southend county court. Also Judge Dudley. ive made a an application to lift the stay (form N244 and another £35-00 :mad: ) using a template letter found on the CAG site.

    just have to wait and see what happens next.

    doesnt seem like justice when they can keep charging leaving us with nothing we can do.


    Is there any chance that you can post the template or a link to it please.

    ta Chris
  • borgbaiter
    borgbaiter Posts: 600 Forumite
    Is there any chance that you can post the template or a link to it please.

    ta Chris

    not sure if im allowed to put link here but ill pm it if you contact me :-)


    are we sure the december case is still going forward and hasnt itself been stayed pending the oft case???


    anyone involved let us know please


    borgbaiter
    claimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£5482
  • Hi

    So where exactly does that leave us?

    Hang around for the stayed date and likely get screwed over by the bank and the judge probably because it's easier for him to do it that way?

    I don't know what I'm supposed to do to bring my claim forward and say oi you look at my claim now dammit!

    :)

    Any ideas?

    Thanks
    Adam
    Thanks,
    Adam.
  • borgbaiter
    borgbaiter Posts: 600 Forumite
    hi all

    any news from southend?

    is the 4th december case proceeding or stayed?

    is it possible to bring a case in a court outside essex if you live in essex? was thinking of taking my other cases to ipswich which is nearer than southend for me.


    any comments welcome


    borgbaiter
    claimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£5482
  • borgbaiter wrote: »
    hi all

    any news from southend?

    is the 4th december case proceeding or stayed?

    is it possible to bring a case in a court outside essex if you live in essex? was thinking of taking my other cases to ipswich which is nearer than southend for me.


    any comments welcome


    borgbaiter



    There is a way to bring the case forward but as for changing the venue I'm not too sure - probably it'll cost £50 or something :)

    Not very helpful I know :rolleyes:

    Adam.
    Thanks,
    Adam.
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