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Court Case Stayed which court? (merged)

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  • Stokey, I went to court yesterday. There was a representative from Barclays there to meet me. She said they had applied for a stay and were just waiting to hear the judges decision on this. After about twenty mins I was called in to see the judge with this rep from Barclays and was told all cases had been stayed until outcome of OFT test case. The judge said he sympathised with me and others but he had no choice.
  • bigbadbri
    bigbadbri Posts: 63 Forumite
    Thanks for that Stokey, i'll def send that letter off tomorrow!!

    It was Blackpool Court
  • Stokey125
    Stokey125 Posts: 671 Forumite
    Hollie_M wrote: »
    Stokey, I went to court yesterday. There was a representative from Barclays there to meet me. She said they had applied for a stay and were just waiting to hear the judges decision on this. After about twenty mins I was called in to see the judge with this rep from Barclays and was told all cases had been stayed until outcome of OFT test case. The judge said he sympathised with me and others but he had no choice.

    That is highly irregular Barclays should have made the application when your case was called to allow you the opportunity to make representations. Assuming that your hearing was before the District Judge you have one of two options as the Test Case is not goig to be heard until next year. You can either wait until the case is called which is unlikely before May of next year at the earliest. The other alternative is to appeal the decision to the Circuit Judge. The second choice would incur additional expense as you will have to pay an additional fee for the appeal. If for some reason the case was before the Circuit Judge any appeal would be to the High Court District Registry for your area. I would think carefully before making an appeal to the High Court
    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
  • My court case isn't going ahead because the judge has ordered a stay. This applies to all people who have a court hearing booked in Cardiff County Court on the 14th August. I am absolutely gutted.

    I am in financial difficulty and I wanted to start my business with that money. I hate the banks, the establishment and the OFT for doing this to me. It will take a year to sort out now - I've been doing this since February.

    May I extend my sympathies to everyone else in the same position.

    :mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:
  • corinne28
    corinne28 Posts: 61 Forumite
    Well not good news. I have gone as far as court proceedings with abbey and due to the new court case in the press all claims have been stayed. I contacted abbey and my local court and nothing is going to be heard or refunded until the court case is complete. this can take from 6 months to 2 years. I was reading on abbey's web site that if you are in financial hardship ypu can appeal to have your case heard or investigated but the person i just spoke to said they have not been briefed on this as of yet. I like many others are in financial hardship but according to everyone this is tough. what is every ones views on this one then.:mad:
  • Stokey125
    Stokey125 Posts: 671 Forumite
    corinne28 wrote: »
    Well not good news. I have gone as far as court proceedings with abbey and due to the new court case in the press all claims have been stayed. I contacted abbey and my local court and nothing is going to be heard or refunded until the court case is complete. this can take from 6 months to 2 years. I was reading on abbey's web site that if you are in financial hardship ypu can appeal to have your case heard or investigated but the person i just spoke to said they have not been briefed on this as of yet. I like many others are in financial hardship but according to everyone this is tough. what is every ones views on this one then.:mad:


    Which court is your local court as some courts have bene refusing to stay cases it is a case of pot luck as it has been left to local judges to dceide whether to stay cases.
    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
  • corinne28
    corinne28 Posts: 61 Forumite
    My local court is Ashford in kent. just my luck!
  • Hello fellow money saver peeps,

    Well I thought I would cheer you up, the Bury St Edmunds County Court stayed my claim against Lloyds until the OFT court case in January 2008. (?)

    How nice that the OFT, FSA and the legal system seems to be in favour of the banking services rather than the individual.

    I feel that a waiver should have been made so that the courts could allow claims that were filed to continue to the hearing as time and money by the individual has been committed.

    Oh well, hear is to another year of waiting.....

    Keep Smiling

    :rotfl:
  • I have a hearing at Lambeth County Court on the 16th November 2007. Where I am pursuing a claim for bank charges from HSBC. Which has been allocated to the small claims track.

    Obviously considering the recent developments with the OFT, and the pending High Court test case I am expecting HSBC to 'stay' the claim. Which I plan on fighting and have the hearing go ahead.

    The purpose of this thread is to gain information about peoples experience in the courts since the actioned test case. SUCCESFUL OR NOT.

    Please only post first hand experiences and let's beat this latest tactic to swindle us out of our money
    :money:
  • Stokey125
    Stokey125 Posts: 671 Forumite
    While I have not got any first hand experience I have posted some arguments which may be of use. I am not sure if they have been used and if so with what success.
    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
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