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Defence for those having their action stayed
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<TABLE class=tborder id=post5989012 cellSpacing=0 cellPadding=4 width="100%" align=center border=0><TBODY><TR><TD class=thead style="FONT-WEIGHT: normal" align=right>#1 </TD></TR><TR vAlign=top><TD class=alt2 width=125>bigbadbri<SCRIPT type=text/javascript> vbmenu_register("postmenu_5989012", true); </SCRIPT>
NotSoNewbie MoneySaver
Join Date: Dec 2006
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</TD><TD class=alt1 id=td_post_5989012><!-- icon and title -->Blackpool Court Have Stayed My Case
<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->Just this morning had notification my case will be stayed pending the result of the test case.
Here's part of the letter
Upon Thursday, 09 August 2007 the papers in this claim were considered by District Judge Buckley and,
(a) (just highlights the test case)
(b) (further information available from www.oft.gov.uk
(c) The issues raised in the test case will affect this case.
IT IS ORDERED THAT:
1. This claim is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision).
2. The defendant shall within 28 days of the final decision in the test case file at court and serve the claiment:
(a) a case summary of not more than 500 words setting out the effect of that decision;
(b) their proposed directions in ths claim.
3. Upon receipt of the documents set out at paragraph 2 of this order the file be referred to a resident District Judge to consider further directions.
4. Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay.
5. Because this order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed, any such application to be made on notice and within seven days of service of this order.
Judge Buckley, You bottled it!!!:mad:
I've previously faxed and sent a letter stating reasons why the case should not be stayed, but whether that was considered is another story.
I know Stokey has some good arguments (some of which i used) so i'll look more in depth at some of his posts (i suggest you have a look if expecting/awaiting a similar outcome) and will def now apply for hardship which i assume i just write back to the court with my reasons why.
If any one has any advice ect i'd truly appreciate it
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Re my post above, i've downloaded the N244 application notice, and notice that it will cost £65 to submit, yet i've copied alot of the arguments on to a letter that i was going to send, however i'm now not sure what to do.
Do i have more chance of having the stay removed by submitting my arguments on N244 as i would with a standard letter, if so why doesn't the judge just state they will accept bribes.
Has anyone been sucessful in having a stay lifted? my girlfriend is now unable to walk due to illness and neither of us have a car, the main reason for me reclaiming is because i'm desperate for a car and if/when i get paid its all going on that. I'm thinking of asking for hardship on this matter also, any views or points that will help will be appreciated.
Thanks0 -
just a bump.0
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There has been a great deal of speculation as to why the banks are submitting their contracts for judicial challenge, when they have consistently failed to defend claims made against them in the county courts.
I respectfully submit to the court, that the stay be lifted for the following reasons. I believe the case(2007 Folio 1196 ) set down to be heard in the high court January 2008 violates my human right to a fair and speedy trail for the OFT are using an instrument in the form of UTCCR which, in it's self, has not been fully incorporated into the body of are laws and as such does not have competent authority to create and set a precedent nor bind me, and as I can not be made a party to the proceeding I further contain that this is denying me my right to wager my law on the contract. And I further submit for the courts consideration that it is common knowledge the bank(name) have consistently failed to defend similar claims made against them in the county courts and that large sums of money, wrongfully appropriated, have been returned to banking customers. 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.
You can cite resent cases here.
P.S Without seeing what other authorities are being employed, and this is were most of the confusion surrounding the issue comes from, no one knows if the matters are going to be properly litigated in favor of the consumer, i suspect not.
The reason why UTCCR may not be competent authority( although the UCTA 1977 is), it has been brought to are laws via the EEC, (laid before parliament) because it is interfering with the sanctity of a contract. That can only be done by way of a fully conscious act of parliament per se. However it can be used as persuasive argument in particular r.5(1) which Introduced an element of `good faith' in contractual statements.
Here is the constitutional process by which a “written” law is properly incorporated into the body politic .which can be used to set a precedent as opposed to an( foreign) instrument that is laid before parliament. The bill is introduced and fully debated in both houses, the agreed amendments are duly made which could be( committee stages) several months or more, once prepared to be sent to the crown the queen sitting “under” the crown( witnessed by god) applies the great seal of state. This “written” law has now been properly and lawfully vested into the blood of the nation.Any posts by myself are my opinion ONLY. They should never be taken as correct or factual without confirmation from a legal professional. All information is given without prejudice or liability.0 -
http://www.fool.co.uk/news/your-money/current-accounts/2007/08/09/free-banking-might-be-around-for-years.aspx?source=ioowftxt0010011 This I found interesting..surely not a 'cloaking' effect?0
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I've downloaded an N244 application notice to challenge the stay made by the court, however is it neccessary to use this to apply to have the stay set aside? as it costs £65 for some reason, yet if i were to submit my arguments in a letter i wouldn't have to pay anything?
PS This post should be Sticky'd
Keep up the good work Stokey & Deary0 -
This I found on another thread which I also found interesting.
The "waiver" the banks all cite has conditions on it. One is that the banks must have a system in place to filter cases of hardship. If the bank hasn't contacted you to establish whether you are a hardship case or not, they have self evidently failed to meet that requirement. Therefore they cannot claim a "waiver" and thus their argument to have the case stayed is invalid.
and this should be told to the court.0 -
Hello,
Can someone please help me ASAP!!
I have a claim ongoing for with Lloyds TSB for just over £4,000, had a court date of 12/9/07 but has now been stayed by Southend County Court.
I have read various posts about overturning stays, financial hardship etc.
Anywa, spoke to SC&M who have advised I need to speak to the court, and spoke to the Court who said I need to speak to Lloyds!
I had just had one claim with Lloyds paid out for £2,000 and this one was about to be... until the OFT test case.
I have downloaded an N244 application, along with a fee exemption form as I will be claiming financial hardship as well as quoting Lloyds delaying tactics. (claim ongoing since March). The court have basically told me not to bother, but as I have nothing to lose, and this money would help me right a very bad situation at the moment, then I feel it is worth giving it a try.
Has anybody been successful in overturning a stay? Any advice at all?
Thanks
Karen0 -
Scotties_Mum wrote: »Hello,
Can someone please help me ASAP!!
I have a claim ongoing for with Lloyds TSB for just over £4,000, had a court date of 12/9/07 but has now been stayed by Southend County Court.
I have read various posts about overturning stays, financial hardship etc.
Anywa, spoke to SC&M who have advised I need to speak to the court, and spoke to the Court who said I need to speak to Lloyds!
I had just had one claim with Lloyds paid out for £2,000 and this one was about to be... until the OFT test case.
I have downloaded an N244 application, along with a fee exemption form as I will be claiming financial hardship as well as quoting Lloyds delaying tactics. (claim ongoing since March). The court have basically told me not to bother, but as I have nothing to lose, and this money would help me right a very bad situation at the moment, then I feel it is worth giving it a try.
Has anybody been successful in overturning a stay? Any advice at all?
Thanks
Karen
hi
ive submitted n244 ro SCC but not had a response yet (was about a week ago)
its unclear if SCC is staying for the oft case or there own case on 4th december.
i would assume any money we get will be months iff not years away.
all the best
borgbaiterclaimed/settled - Natwest £2,535/£2,535, HSBC visa £80/£80, MBNA £1,258/£1,258, capital one £282/£282, tesco visa £515/£515, HSBC visa £140/£140. HSBC £1,450 MCOL Stayed for OFT case. Chelsea Mortgage charges & cashback £5000/£672. complaints with banks pending OFT Halifax £30, A&L £35. TOTALS £11,325/£54820 -
Youll have to find it on here (seek out posts by MAGICIAN )but I have posted a skeleton arguement in respect of my bank ( nationwide ) use of debt collection agents, briefly I am now going after the bank for exemplary damages due to their use of debt collectors who have basically tried to frighten me into a settlemt of their "debt" knowing full well that the court action was underway....have fun but basically the debt collector is unlikely to collect on the debt as they are acting as an agent for the bank eg you go back to square one.....and sue the bankTaking on NATIONWIDE RESULT NATIONWIDE MADE A further PAYMENT INTO COURT TOTAL AMOUNT OVER FOUR THOUSAND. debit balances on both accounts fully cleared. We now have a Magimix known as the Nationwide Magimix, silly but useful.... Thanks Martin... :money:0
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I have just received 2 N24 forms - General For Of Judgement Or Order from York County Court saying they are staying my cliams against Barclaycard.
I rang the court and the judges there are staying all claims for bank charge refunds even though these are for credit card and not unithorosed overdraft fees as per the test case.
Has any other court started doing this - how the hell do you challenge a Judge....
43154Chris
Bank Charges Reclaimed = £2041.51 :T
Claims Stayed = £1903.90 :mad:
PPI Claims Started = £400
Just starting charge claim with Vanquis Bank now.0
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