To Challenge The Stay Or Not??

kandkt

hi all hoping for some advice the bank asked for a stay on 2 of july advising the court that they thought they could resolve the matter with us {time wasting?? now we know why}
we decided not to contest the stay then as we were unsure how.
however the stay is finished today and we have been told by the court to write a letter to them {the judge /court) otherwise no further action will be taken.
so can someone advise me on some wording please
incidentally the only communication from the banks solicitors was to ask us for a breakdown of the charges which was duly sent.
i believe there may still be hope for my case if i can convince the judge that the bank/dg have made no attempt at resolution.during this period.

Stokey125

Did the Court say anything about what was to happen if the matter could not settle during the stay. I am aware that one court has made an order that if the matter could not settle then the bank was to file an ammended defence. If this is not the case in your matter write to the court saying that you are not agreeable to a further stay pending the outcome of the test case. You may want to try the reasons given in post 2 of this thread. http://forums.moneysavingexpert.com/showthread.html?t=516985

kandkt

court letter said UPON BOTH PARTIES FILING ALLOCATION QUESTIONAIRES THE MATTER BE STAYED FOR ONE MONTH when we enquired to the court the clerk said the banks solicitors believed they could bring the case to a resolution.
thanks for replying i will look at 2nd post

lindilou39

Stokey125 wrote: »

Did the Court say anything about what was to happen if the matter could not settle during the stay. I am aware that one court has made an order that if the matter could not settle then the bank was to file an ammended defence. If this is not the case in your matter write to the court saying that you are not agreeable to a further stay pending the outcome of the test case. You may want to try the reasons given in post 2 of this thread. http://forums.moneysavingexpert.com/showthread.html?t=516985

Absolutely correct stokey...northampton county court issued to me an order for me to comply with paragraph 3 by sending solicitors the schedule plus details, I have already done this through an amendment to claim but will do so again to comply...my case is stayed between the 23rd aug - 6th sept...in which I and the solicitors can come to a settlement if no settlement is reached then it is ordered that the defendants supply to the court a schedule of their charges breakdown of cost by 20th sept...if they comply with paragraph 6 then it is given to the district judge for further directions.

Lin

kandkt

ok thanks for your replies and sorry if this sounds thick but when i spoke to the court on the phone they told me that unless i put something down on paper then no further action would be taken.

also re:
http://forums.moneysavingexpert.com/showthread.html?t=516985

i understand what the wording means should i send it as is or should i alter bits to say /does not require a further stay to be imposed/
bearing in mind that at this point no one has mentioned to me anything about staying the case any longer, just that no further action is likely to be taken unless i contact them.
also would i mention that having been prepared to resolve this case it has been impossible to even contact the bank or their solicitors.
and they have not attempted to contact me. other than asking for a breakdown (for a speedy resolution)


hope this makes sense

kandkt

why would anyone not consider challenging a stay on proceedings??
if your challenge was to fail you would have lost nothing, on the other hand if your challenge was succesfull the case could continue apace.
also if the bank was to beat you at court would you not be able to claim your charges back at a later date when they lose the big case.

Stokey125

I agree but you would need to make sure that you have your arguments prepared.

kandkt

can anyone confirm what i intend to alter so i can send the letter
im sure this makes sense to someone just that im bricking it at the moment
and dont want to annoy the judge or make any mistakes at this point

kandkt

our bank asked for a stay which has now expired i do not know what to do
i thought the action would just resume after the stay finished.
during the stay the banks solicitors asked for a breakdown which was supplied.
i contacted the court who told me it was upto me to write the court a letter explaining that the stay has expired and nothing has resulted
this will probably make me sound stupid but what shall i write ??
i have read one or two posts where people have supplied a breakdown and recieved full and final payment.
am i jumping the gun are the solicitors preparing an offer ??
or should i write the court
someone plz help we are honestly considering giving up.

Stokey125

If you check the threads from the previous two days I know there are a lot of them but someone asked the same question and I cannot remember what my answer was.

Beate

In that case, just click on Stokey125's name and look through his posts of the last 2 days.