Court Case Stayed which court? (merged)

gertty

hi everyone

i've got a court date of the 14th of next month at 10.30 am in cardiff.

the question is has anyone been to cardiff if so can you please tell me what i will be up against and what do i need to do to be prepard for it.
i have not heard from anyone (solisitors/hsbc) only the courts telling me the date and time to be there.

hubby doesn't think we will win but my friend who has done all the hard work says we will. she keeps phoning and asking have we heard anything. but the answer is still no and i'm starting to think i will be going to court with two ton of children behind me as i work from home looking after children. i can't aford to have the day off as if i don't work i don't get payed and it's the school hols.

hope some one can help. i need to be very prepard for my own sanity

thanks gertty(debbie)

bigbadbri

I am aware that due to this OFT court case that all banks will apply for a stay for cases currently in the legal system, however after reading alot of posts on this forum it seems that its on an individual basis.

I yesterday spoke to my local court where my transfer of proceedings went to and they seemed pretty certain that all cases will be stayed as the judge was sure that this is the right outcome until the test case is complete. Yet it is still to be seen by the judge, I then asked if i'll be informed of the outcome to which she stated that we will not be informed of the outcome as there is no need to keep us informed of this and that it will take up too much court time.

This will make it very difficult to challenge the decision should our cases be stayed as we only have 7 days.

Stokey125

I would advise writing a letter to the court refering to this conversation and saying that you wish the following representations to be put before the judge considering the question of staying proceedings. (Do not forget to put your case details.)


1 The object of clarity of the legal issues does not require a stay to be imposed. The same result can be obtained by having existing cases listed for trial before the circuit judge.

2 Bearing in mind the overriding objective it is worth noting that the Defendant in seeking a stay of these proceedigs does not propose to stay the imposition of charges which are the subject of both these proceedings. In doing this the Defendant is having the benefit of not having an adverse judgment made against him while at the same time continuing to recieve charges which are potentially unlawful. Taking into consideration the financial resources of the parties this would seem unfair.

3 Your attention is bought to the conduct of the defendant in similar cases where a defence has been filed but cases are settled on the day of the hearing to avoid having to have a trial of the issues. It must therefore be worth questioning whether in seeking a stay the defendant is not merely trying to delay matters with no intention of defending matters.


I would fax and post the letter.



I hope this assists.


Michael

Stokey125

Just out of interest which court was this

grounded101

Hiya, I know quite a few people from the board are attending Cardiff on the 14th of this month. I rang the court this morning to check if my case was going ahead as planned and the clerk said all the cases had been stayed until further notice and that I should recieve a letter with instructions soon.

simmo490

has anyone got an ongoing case with trowbridge county court.

does anyone know if they are staying current cases or continuing to get them out of the system

simmo

lindseyvb

we have been to court today only to find that our case will now be delayed until after the big case at the end of the year.

is there any other action i can take in the meantime e.g. take to financial ombudsman? or will i have to wait until next hearing date after result of big case?

my main annoyance about my claim against barclays is they have not even responded to my complaint letters, not even an acknowledgment but they still turned up to court today!

chipbeck

lindseyvb wrote: »

we have been to court today only to find that our case will now be delayed until after the big case at the end of the year.

is there any other action i can take in the meantime e.g. take to financial ombudsman? or will i have to wait until next hearing date after result of big case?

my main annoyance about my claim against barclays is they have not even responded to my complaint letters, not even an acknowledgment but they still turned up to court today!

Bad news for me as I'm after Barclays too. How much was your claim for?

lindseyvb

nearly £900

good luck! hope you get something back

chipbeck

lindseyvb wrote: »

nearly £900

good luck! hope you get something back

Mines for over three grand ...... they'll send a coach load of briefs!:rotfl: :rotfl: :rotfl:

Stokey125

lindseyvb wrote: »

we have been to court today only to find that our case will now be delayed until after the big case at the end of the year.

is there any other action i can take in the meantime e.g. take to financial ombudsman? or will i have to wait until next hearing date after result of big case?

my main annoyance about my claim against barclays is they have not even responded to my complaint letters, not even an acknowledgment but they still turned up to court today!

Can I just ask you to confirm did Barclays actually apply for the delay at a hearing today and it was granted or was it decided in advance and when you got there you found out it was not going to be heard. By the way the case is now not until next year appraently.