Defence for those having their action stayed

jonesys_2

Help.
Just been told that my case is stayed for Tuesday.
Trying to get a letter into the court in time to get it overturned.
Iam stuck on one issue as i dont really understand the phrase, it goes like this.
In my opinion a stay would be an abuse of process as I am being denied the right to wager the law.
Does this make sense to any one and if so is it ok to quote.
any advice would be appreciated.
thanks

jonesys_2

Dont worry you wont make a muck of things as bad as me, i can assure you.
I have been told up until today that my court hearing was definately going ahead.
Today however it has been stayed under the INSTRUCTIONS of Lloyds tsb. Thats how the letter came across in my opinion!
My case is on Tuesday. Judge is not around til Monday afternoon. i have been given no time to get a proper defence submitted to the court in order for the stay to be overturned. What solicitor could i contact at 5pm on a Friday evening to help get me defence in place?
They are really taking the P**s. and what bothers me more is that they get away with it. the letter i recieved more or less told me it was stayed indefinately this was before the courts even replied. How confident is that?

deary65

If you want advice then please upload the substance of the letters you receive, otherwise your posts are meaningless.

Stokey125

Mark_My_Words wrote: »

I've just had a thought, this 'test' case is going through county court as I understand it (please correct me if I am wrong) but as far as I am aware no case in county court can ever set precedent which is why we are all having to go through taking our banks to court rather than them just rolling over and giving up. So how is this a 'test' case and what are the grounds for asking for a stay if it cannot set precedent?

Actually the OFT case is being heard in the Commercial Court of teh High Court not the County Court. As the Commercial Court is a specialist list of the Queen's Bench Division any decision will be followed unless it is overturned by the Court of Appeal

Stokey125

jonesys wrote: »

Dont worry you wont make a muck of things as bad as me, i can assure you.
I have been told up until today that my court hearing was definately going ahead.
Today however it has been stayed under the INSTRUCTIONS of Lloyds tsb. Thats how the letter came across in my opinion!
My case is on Tuesday. Judge is not around til Monday afternoon. i have been given no time to get a proper defence submitted to the court in order for the stay to be overturned. What solicitor could i contact at 5pm on a Friday evening to help get me defence in place?
They are really taking the P**s. and what bothers me more is that they get away with it. the letter i recieved more or less told me it was stayed indefinately this was before the courts even replied. How confident is that?

I assume they are going to make the same mistake that Abbey made earlier this week and expect that the court will stay the case and not bother to turn up. It is not up to LloydsTSB whether the case is stayed it is for the Judge and if the letter does read like an instruction they might get a shock. May I suggest you do the following contact penaltycharges.co.uk and ask them for a copy of the judgment in Terry v LloydsTSB explain why you need it. Make copies for the court and the bank. Then on Tuesday oppose the stay on the basis that the matter has been decided against the Defendant in the case of Terry and therfore there is no need to stay the matter and it should proceed.

johnhope

Will I get to go to court if abbe try to get a stay of claim? I want to be heard

Stokey125

johnhope wrote: »

Will I get to go to court if abbe try to get a stay of claim? I want to be heard

Unless it is dealt with on the papers without a hearing yes. To prevent this write to the court saying you would like to be heard on any application for a stay

Mark_My_Words

Stokey125 wrote: »

Actually the OFT case is being heard in the Commercial Court of teh High Court not the County Court. As the Commercial Court is a specialist list of the Queen's Bench Division any decision will be followed unless it is overturned by the Court of Appeal

I stand corrected... thank you for the info.

meatloaf43154

What was the mistake/bungle that Abbey made?

Also just got from the penatlycharges.co.uk site the fantastic defence to have the stay overturned - does anyone know if i need to put this on a specific form or can i just write a letter to the court ?

Stokey125 wrote: »

I assume they are going to make the same mistake that Abbey made earlier this week and expect that the court will stay the case and not bother to turn up. It is not up to LloydsTSB whether the case is stayed it is for the Judge and if the letter does read like an instruction they might get a shock. May I suggest you do the following contact penaltycharges.co.uk and ask them for a copy of the judgment in Terry v LloydsTSB explain why you need it. Make copies for the court and the bank. Then on Tuesday oppose the stay on the basis that the matter has been decided against the Defendant in the case of Terry and therfore there is no need to stay the matter and it should proceed.

Stokey125

meatloaf43154 wrote: »

What was the mistake/bungle that Abbey made?

Also just got from the penatlycharges.co.uk site the fantastic defence to have the stay overturned - does anyone know if i need to put this on a specific form or can i just write a letter to the court ?

The mistake that Abbey made was that having writing to the court they assumed the judge would stay the matter and did not turn up on the day the matter was listed. The claimant turned up with a fully prepared bundle. As Abbey did not turn up Judgment was awarded to the claimant. An application for a stay to be lifted must be on a N244 and a £65 fee is payable.