Defence for those having their action stayed

Stokey125

zpacey wrote: »

Hi all,

I received a letter from the courts stating my case will be stayed until after th test case. so I browsed here and found this letter which I sent the court:

I write with regard to the stay on my above case that was sanctioned by the Honourable District Judge Hewstson-Brown sitting at Luton County Court, which the court advised me of on 20^th August 2007 to which I received on 22nd August 2007 in the post.

I respectfully submit to the court, that the stay be lifted for the following reasons:

I believe the case set down to be heard in the high court March 2008 violates my human right to a fair and speedy trial for the OFT are using an instrument in the form of UTCCR which, in its self, has not been fully incorporated into the body of laws and as such does not have competent authority to create and set a precedent nor bind me, and as I cannot be made a party to the proceeding.

I further contain that this is denying me my right to wager my law on the contract.

I further submit for the courts consideration that it is common knowledge the Alliance and Leicester Bank have consistently failed to defend similar claims made against them in the county courts and that sums of money, wrongfully appropriated, have been returned to customers accounts.

I further contain and believe that the banks and OFT are by their action denying me the right to do justice to the manner in which, I feel I have been wronged.


I respectfully submit the above matters for your consideration and equitable decision.

Well the court has cme back to me with the following letter:

Your letter dated 5th sept 2007 was referred down to the judge who states you make a formal application and that you should carefully consider the issue of the costs of any such application.
The cost of making an application on notce is £65. It is possible that with consent the matter can be dealt with on paper in which case the fee is £35. However, if the judge does decide a hearing will be needed the fee will be £65.

Now the forms I have to fill are the ones I really need help with: they state:

1. How do you wish to have your application dealt with
a) at a hearing?
b)at a telephone conference
c)without a hearing?

2. Give a time estimate for the hearing/conference

---

(hours)

---

(mins)

3. Is this agreed by all parties?

4. Give dates of any trial period or fixed tria date

5. Level of judge

6. Parties to be served.

Then you need to either complete part a or b.

part a: I

---

intend to apply for an order (a draft of which is attached) that

---

because

---

part b: I wish to rely on:
tick one
the attached (witness statement)(affidavit)
my statement case
evidence in Part c in support of my application.

Am so sorry this is a long one but I really need help so that I fill out this form correctly. I feel i might have chance with this so guys/gals go ahead and help a desperate mum.

Many thanks in advance.


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Answer q.1 with a hearing
q.2 30 mins
q.3 No
q.4 None
q.5 District
q.6 Defedant


Part A You are asking for an order that the stay in this matter be lifted because the reason for the stay will not lead to a saving of court time and there is no other compelling reason for teh stay.


Part B You are relying on teh information in Part C

In Part C repeat what is said in the letter and add Further it is clear from the particulars of claim in the case of OFT v Abbey National PLC and Others that not all issues are being dealt with. The only relief being sought is a declaration that the Unfar Terms in Commercial Contracts Regulations applies. The court will not be asked to rule that on whether the terms relied is actually unfair. Also it will not be asked to rule on whether the charge amounts to a genuine pre-estimate of loss or is a disguised penalty.

zpacey

thank you so much monkeymax and stokey, much appreciated.

deary65

It sounds like you have got a judge that understands the law. Just a few words by way of encouragement do what storky says and just to add:


Quote this clause from the magna carta 1297( which is still in force) it will lend more weight to your action and show the judge that you have done your research and are serious about the matter being brought to trail.

1. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.[1] ( in other words you are being denied justice by a future precedent which is not the law of the land)

A word on wager of law, this was an ancient form of trail now abolished in 1833 but, it's spirit is still with us and contained in your bundle. When you enter into a contract it is known as making your law inter se i.e the terms and condition. The defendant by their actions are actively concealing the true cost of the charges levied.


Good luck!

deary65

bump! because people are being given wrong advice.

cazcl

My original court date 29/10/2007.
Letter received today -
The hearing of 29.10.2007 be vacated
- stayed uptil 30/9/2008
The claimant must request further case management directions by 20/1/2009
Either party may apply (pursuant to CPR Part 23) to remove the stay.

What do I do next?

Any help greatly appreciated.

Thanks in advance.

sparky0107

cazcl wrote: »

My original court date 29/10/2007.
Letter received today -
The hearing of 29.10.2007 be vacated
- stayed uptil 30/9/2008
The claimant must request further case management directions by 20/1/2009
Either party may apply (pursuant to CPR Part 23) to remove the stay.

What do I do next?

Any help greatly appreciated.

Thanks in advance.

Hi cazcl,
I got some really helpful advice from Stokey125, who typed out the following letter, for me to send to my local court to try to have a stop put on the stay. I've posted it off today to the bank & to the court by recorded delivery. Stokey also included the link to the particulars of claim.

Hope this helps
Mark



I would suggest writing to the court copied to the banks solicitors a letter along the following lines

" Further to the courts order dated 17 August 2007. I am writing to draw to your attention a misapprehension in the order. In the preamble to the order it says ' and upon it appearing that the issues in this case are to be considered in litigation currently before the Commercial Court (2007 folio 1196) ' I enclose a copy of the particulars of claim in that matter. As you will see contrary to what is recited in the preamble not all the issues in this case will be dealt with in that case. I would therefore submit that should the defendant make an application for a stay, and no such application has been served on me to date, no stay should be granted as there will be no saving in court time and it is not otherwise necessary for the fair disposal of matters to stay the matter. "


The particulars of claim can be found on the following link http://www.oft.gov.uk/shared_oft/bus...s-of-claim.pdf<!-- / message --><!-- sig -->

Apathyawakened

Hi Guys

Courts ruled on my case and awarded me all charges but yesterday received noitice of application to set judgement aside and vary an order of 12 July on grounds Barclays did not receive July notice until 7th September. This came on the day I was about to set off and serve a winding up order on Barclays. The court have set a hearing date for 7th December 2007. I am now getting really peeved having laid out £280 in court costs to date. :mad:

I am currently composing response and request for dismissal of both set aside and variation using all the usual arguements re hardship, human rights, defendants conduct etc.
Anyone know how many cases have been taken against Woolwich or how much they have settled to date? Need this for case of precedence.

Thanks

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johnnyroper

just returned from court for my hearing to appeal the stay.
no one from abbey bothered to show up
the judge was nice and friendly and apoligised about her hands being tied and the fact she had to refuse my appeal.
i had 30 mins set aside for the hearing but in reality it lasted 5 mins tops.
basically a high court judge has ruled all cases must remain stayed until the end of test case,the reason being to have parity from one court to the next,i did manage to get a few words in about the fact if i failed to show my case would be struck out but abbey are ok to not turn up.and the fact banks are still allowed to charge but consumers are not having their claims heard,this meaning it appears to the public that the courts and oft are on the side of the banks.
the judge did agree that it is not a good situation for the consumer and the content of the oft case is a bit lacking so even if they win you will still need to go to court unless anything changes between now and then.
even hardship cases are remaining stayed apparently.
she said a decision on the test case is due in jan/feb 08 so it is a case of just playing the waiting game.
maybe this is why no one from abbey showed up as they knew it would be refused?
so my advice is not to bother wasting your time appealing against it if this is the case.

lindilou39

Well it will interest me as to how the Court are going to react to the 'stay' (postponed), I wrote back to the solicitors telling them that as they have failed to comply with directions given on 13th july with immediate effect on 20th sept 07 the defence will be struck out. Therefore I do not agree to a 'stay' on the claim proceedings (shame there,s a post strike)...I immediately faxed the Court to get the 'stay' rejected on the basis that the Defendants have failed to comply with directions and that they have been struck out..

tdhurs

Hi all

I have just had a letter from the court letting me know about the test case and how my case has been put on 'stay'. It also asks me to that if I don't agree with that then I should appeal in writing to the court by the 8th of Oct 2007.

What shall I do? Should I appeal? or is it just a waste of time? I somehow feel that it's just a paper exercise by the courts as everyone is just waiting for the 'test case'.

I am just not sure what to do? Any ideas?