Court Case Stayed which court? (merged)

StraightUp

I will look into those Stokey...

Lynnmarie_2

Hi, my Court date was 01 August, against Barclays. On the advice of the solicitor from Barclays, the Judge stayed my case, and when she put a three month date on that, Barclays solicitor argued that she should change that until after the test cases and all the appeals have been heard. My case is now stayed indefinately.

The onus is on me to contact the court again, whenever these cases have been finalised.

Is this happening to everyone else?

I'm only claiming £800, and I've been trying to get that back since February.
:mad:

FieryBlondeScot

bow county court today
barclays turned up
i asked thier defence be struck out due to non compliance (no cour tbundle) -refused

their application for a stay was grant

gotta wait till jan now i think

all in all i am feeling a bit down with it all- its taken months of stress, preperation and hope!

sandlj01

Hi, I have just attended a preliminary hearing in Norwich County Court. Barclays had a defence Counsel turn up (20 minutes late - we all had to wait for her!) and there were about 8 of us specifically claiming against Barclays.

The judge hadn't encountered one of these bank charge cases yet (where he had to deal with anyone before) as the cases had always been settled out of court before the hearing date. He said that due to the fact that the OFT had begun proceedings against the banks all of our cases would be stayed until an outcome (after any subsequent appeals); I guess this could be years, as any outcome will certainly be taken to the Court of Appeal, and then the House of Lords.

I asked when the decision was made to stay all of the cases as I was disappointed that the court service hadn't contacted me to inform me of this decision. The judge said that all of the judges around the country have an intranet that they discuss various issues and this had been a hot topic recently, and that they had collectively decided to stay all cases pending the outcome of the test case. He explained that this was due to the fact that anyone taking this further themselves would essentially be creating their own 'test case'.

While I am disappointed with this decision I can understand why it has been made, I guess it would have been difficult for the judge to order another direction with a test case already proceeding.

I'm just annoyed at the fact that I've been persuing these charges since 26th January when I first wrote to Barclays for my bank statements. It's taken all this time to finally go to court, and if the OFT case had been only 2 weeks later then I'm sure I would have received most of my money back as a settlement.

I'll just have to keep a close eye on proceedings for the foreseeable future.

hammerette_2

Reclaiming credit card charges are unaffected. There is no change for those reclaiming credit card fees, the article below explains how to do it.

After reading the above statement on this site, I was expecting a result one way or another today.
A person representing Monument Credit card( part of Barclays) advised me before going into the judges chambers they were going to ask for a STAY
I advised that this should not be, due to the fact it was not a bank case and
that credit card cases were not affected by the test case.
We were in chambers all of two minutes Judge was not at all interested in this statement and advised that credit card charges will also be addressed in the test case. I was then told I would receive a document in a couple of days to explain and then was excused.
I came out feeling really demotivated. So I guess I now just wait, does the interest keep building though or is that put on hold aswell

FieryBlondeScot

San

it was the same for me. the first case in front of my judge where he actually had to deal with people. and again i was actually waiting on a letter of settlement from barclays a week before the OFT ruling - it never came ....

hammers - i feel demotivatedtoo but am just thinking of the other people who have court dates soon - at least they can read over what the outcomeof our cases were and be mentally prepared in court. it seems an odd mix of successes and stays.

i had that money ear marked to help settle my debt management plan and move on in life but as my friend put it 'guess its another 5 months of tesco value pizzas then!' i had to laugh! we have no choice but to wait it will be ok in the end

lilc_wine

i went to court today and aliance and leciester asked court to put a stay on my claim am i the only one that this has happened to i refused this and have to go back to court my first letter to bank was jan 07 i have now recieved 3 lots of statements for my £10 the charges are £3,000

angelstar25

hi
my partners court case is the 29th august at newcastle, he has had no word that it has been stayed, his case is with lloyds, can anyone give any info.
cheers
angel

lilc_wine

i went to court yesterday and aliance and leciester requested a stay on my claim which i refused i now have to go back to court to defend my claim this is scary it for £3,000 this has been going on since march and i have for my £10 recieved 3 copies of my statements !!

territshirt

:mad: Well went to court yesterday, and got a stay, even thought abbey did not turn up, the judge already made his mind up before I got to court, so why did they not write and cancel the court date instead of wasting my time.
I am so angry abbey could not be bother to turn up and they get the stay and when I asked what would have happen it I did not turn up I was told that I would have lost my claim and that by turning up I had kept my foot in the door until the teat case next year. The judge said although it was rude of abbey not to turn up, they are expecting the judges to stay the cases anyway which is why they did not turn up. Who side are the judges on it did not feel like he was inpartial and I felt like a little fish in a shark infested pond.
We just have to wait to next year, hope other are having more luck.
:mad: