Defence for those having their action stayed

johnnyroper

i recently appealed against the stay that was put on my case,i have now been given a date for a court hearing on october the 4th,i first thought it was for my claim to be heard but i am not 100% sure.
is it possible it could be a hearing to determine whether the stay can be lifted or is as i first thought and is my claim to be heard?

it has been allocated a 30 min hearing

at the top of the letter it says notice of hearing and the first sentance says,take notice that the hearing of the claimants application will take place on.

any advice on this would be most appreciated

sparky0107

johnnyroper wrote: »

i recently appealed against the stay that was put on my case,i have now been given a date for a court hearing on october the 4th,i first thought it was for my claim to be heard but i am not 100% sure.
is it possible it could be a hearing to determine whether the stay can be lifted or is as i first thought and is my claim to be heard?

it has been allocated a 30 min hearing

at the top of the letter it says notice of hearing and the first sentance says,take notice that the hearing of the claimants application will take place on.

any advice on this would be most appreciated

Hi Johnnyroper,
Any chance you can put the whole contents of the letter in a post, obviously omitting details that are personal to you, so that we can read exactly what the court has sent you.
Mark

johnnyroper

sparky0107 wrote: »

Hi Johnnyroper,
Any chance you can put the whole contents of the letter in a post, obviously omitting details that are personal to you, so that we can read exactly what the court has sent you.
Mark

NOTICE OF HEARING

then it is all address details and claim number etc




TAKE NOTICE that the hearing of the claimants application will take place on

4 october 2007 at 2.30pm

at weston super mare county court

when you should attend

30 MINUTES has been allowed for the hearing

please note this case may be released to another judge,possibly a different court.

an appointment in a list is not a guarantee of hearing

cases are listed in accordance with local hearing arrangements determined by the judiciary and implemented by the court staff.every effort is made to ensure that hearings start either at the timespecified or as soon as possible thereafter.however,listing practices or other factors may mean that delay is unavoidable.furthermore in some circumstances a case may be released to another judge,possibly at a different court.


other than the personal details that is what the letter says,they also included a leaflet about the small claims track if that means anything.


thanks people

Stokey125

johnnyroper wrote: »

NOTICE OF HEARING

then it is all address details and claim number etc




TAKE NOTICE that the hearing of the claimants application will take place on

4 october 2007 at 2.30pm

at weston super mare county court

when you should attend

30 MINUTES has been allowed for the hearing

please note this case may be released to another judge,possibly a different court.

an appointment in a list is not a guarantee of hearing

cases are listed in accordance with local hearing arrangements determined by the judiciary and implemented by the court staff.every effort is made to ensure that hearings start either at the timespecified or as soon as possible thereafter.however,listing practices or other factors may mean that delay is unavoidable.furthermore in some circumstances a case may be released to another judge,possibly at a different court.


other than the personal details that is what the letter says,they also included a leaflet about the small claims track if that means anything.


thanks people

This is just a hearing of your application to set aside the stay. I see they are being generous and giving you 30 mins for this application make full use of the time.If you search this board you will find a lot of information you can use.

johnnyroper

Stokey125 wrote: »

This is just a hearing of your application to set aside the stay. I see they are being generous and giving you 30 mins for this application make full use of the time.If you search this board you will find a lot of information you can use.

i thought as much time to do some research then.

has anyone else appealed a stay that can give me some advice on what i will need to say to the judge to get the stay overturned?
and also is there anything i will need to take to court with me?

any help/advice appreciated

Stokey125

johnnyroper wrote: »

i thought as much time to do some research then.

has anyone else appealed a stay that can give me some advice on what i will need to say to the judge to get the stay overturned?
and also is there anything i will need to take to court with me?

any help/advice appreciated

I know from other posts that on the CAG website they have a good argument you can use. Also you may wish to argue the point that the only issue that the test case is dealing with is whether the UTCCR actually applies to the Banks it is not dealing with any other point. Therefore a stay is not appropriate as a trial would still be needed to deal with all the other issues. You may wish to copy the document from the following link to support this argument http://www.oft.gov.uk/shared_oft/business_leaflets/general/PCA-particulars-of-claim.pdf

You will need to take three copies.

johnnyroper

Stokey125 wrote: »

I know from other posts that on the CAG website they have a good argument you can use. Also you may wish to argue the point that the only issue that the test case is dealing with is whether the UTCCR actually applies to the Banks it is not dealing with any other point. Therefore a stay is not appropriate as a trial would still be needed to deal with all the other issues. You may wish to copy the document from the following link to support this argument http://www.oft.gov.uk/shared_oft/business_leaflets/general/PCA-particulars-of-claim.pdf

You will need to take three copies.

thanks stokey i will copy that and have a look on the CAG site

shooter

Although I have been avidly watching this forum this is my first post!
I appologise in advance if it's abit lenghthy!!

I have had my case against LTSB stayed and when I called Northampton (mine's an MCOL case) the lady I spoke to was extremely helpful and suggested I write in explaining my circumstances and ask for the stay to be removed and said that that would result in my case being transfered to my local CC (Mine's Croydon and they seem not to be staying cases at present).

I would be extremely grateful if someone,A Moderatetor perhaps ,could look over my letter and tell me if I should add anything or change anything

Dear Mr justice ***

I would be grateful for your time in this matter.
You have granted LTSB a stay in the above case and I am writing to you in the hope that you will either lift the stay or transfer my case to my local county court, this being Croydon county court for hearing
I am a 37year old single mother living on Widowed Parents allowance, Child benefit and child tax credit. My husband died 25th may 2007 after a very long and distressing illness.
The charges I am claiming were all taken from My/Our benefit payments and at time left us with no money for food and resulted in us having to ask our families for help, on several occasions.
When my husband died I immediately informed the bank that I was going to experience even more financial hardship as a result of this and asked for their help. None was forthcoming. My family’s income dropped from £***** to £***** per month upon my husband’s death. In fact since informing them they have added charges to the sum of £***** to my accounts.( Enclose a schedule of charges for your attention) I am unable to work due to ill health, partly as a result of caring for my late husband. I am awaiting treatment at the Neuro-rehab clinic at the *************
I strongly believe that a stay will cause my family and me great financial hardship as if this case remains stayed until the outcome of the test case we will have even more charges to deal with and this will cause an unending vicious cycle.

I look forward to your decision with anticipation

Please accept my thanks for taking time in your busy schedule to read this.

Yours sincerely


Thankyou to all who read this and also in advance for any help I can get

Stokey125

Firstly, as it is going to a county court judge it would not be addressed to Mr Justice. Also the normal practice is to address the letter to the Chief Clerk and he will then place it before either the circuit or district judge as appropriate.


On the substance of your letter this is fine I would however add teh following.


"Also I would like to draw the attached particulars of claim in the case of OFT v Abbey National PLC and Others. I believe from reading this dcoument that teh stay was obtained by a misrepresentation of the facts. As you will see the only issue that the High Court is being asked to decide is whether the Unfair Terms in Consumer Contracts Regualtions applies in relation to bank charges. No other matters are being dealt with so regardless of the decision in the OFT case a trial will still be needed to determine whether the actual charge in this case is fair or not. Also the question of whether the term under which the charges is levied is in substance a liquidated damages clause and if so whether it amounts to a penalty clause so as to be unenforcable would have to be decided. As there are therefore triable issues which will not be decided in the OFT case a stay would not be appropriate."

This is the link to get the particulars of claim mentioned. http://www.oft.gov.uk/shared_oft/business_leaflets/general/PCA-particulars-of-claim.pdf

shooter

Thank you Stokey 125 for your useful advise I will add your paragraph to my letter.
Any other advice from anyone would be gratefully received