Defence for those having their action stayed

TANZARELLI

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal:

Aldershot & Farnham County Court,
Blackpool County Court,
Bow County Court,
Bristol County Court,
Caernarfon County Court,
Chester County Court,
Chichester County Court,
Gateshead County Court,
Guildford County Court,
Hitchin County Court,
Hull County Court,
Kettering County Court,
Lancaster County Court,
Medway County Court,
Newcastle County Court,
Northampton County Court,
North Shields County Court,
Norwich County Court,
Oldham County Court,
Peterborough Combined Court Centre,
Rotherham County Court,
Salford County Court,
Scarborough County Court,
Scun.thorpe County Court,
Slough County Court,
St.Helens County Court Merseyside
Sunderland County Court,
Thanet County Court,
Watford County Court,
Wellingborough County Court,
Winchester Combined Court,
Woolwich County Court,
Worcester County Court,
Wrexham Count Court,
Croydon County Court,

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided:
Altrincham County Court,
Sheffield Laws Courts,


All the below courts have said ALL cases will be stayed whilst the outcome of the test case is decided:
Bradford County Court,
Bury County Court,
Cardiff Civil Justice Centre,
Chorley County Court,
Doncaster County Court,
Halifax County Court,
Luton County Court,
Nottingham County Court,
Manchester County Court (Crown Square),
Oswestry County Court,
Portsmouth Combined Court Centre,
Shrewsbury County Court,
Southend County Court,
Telford County Court,
Tunbridge Wells County Court,
Torquay and Newton Abbot County Court,

The situation at the below is still unclear:

Aberdare County Court,
Aberysthwyth County Court,
Accrington County Court,
Ashford County Court,
Aylesbury County Court,
Banbury County Court,
Barnet Civil and Family Courts Centre,
Barnsley County Court,
Barnstaple County Court,
Barrow-in-Furness County Court,
Basildon Combined Court,
Basingstoke County Court,
Bath County Court,
Bedford County Court,
Birkenhead County Court,
Birmingham Civil Justice Centre,
Bishop Auckland County Court,
Blackburn County Court,
Blackwood County Court,
Bodmin County Court,
Bolton Combined Court Centre,
Boston County Court,
Bournemouth County Court,
Brecon Law Courts,
Brentford County Court,
Bridgend Law Courts,
Brighton County Court,
Bromley County Court,
Burnley Combined Court Centre,
Burton-upon-tweed County Court,
Bury St Edmonds County Court,
Buxton County Court,
Cambridge County Court,
Canterbury Combined Court Centre,
Carlisle Combined Court Centre,
Carmarthen County Court,
Central London County Court,
Chelmsford County Court,
Cheltenham County Court,
Chesterfield County Court,
Clerkenwell and Shoreditch County Court,
Colchester County Court,
Consett County Court,
Conwy and Colwyn County Court,
Coventry Combined Court Centre,
Crewe County Court,
Croyden County Court,
Darlington County Court,
Dartford County Court,
Derby Combined Court Centre,
Dewsbury County Court,
Dudley County Court,
Durham County Court,
Eastbourne County Court,
Edmonton County Court,
Epsom County Court,
Evesham County Court,
Exeter Combined County Centre,
Gloucestershire Family and Civil Courts,
Grantham County Court,
Gravesend County Court,
Great Grimsby Combined Court Centre,
Harlow County Court,
Harrogate County Court,
Hartlepool County Court,
Hastings County Court,
Haverfordwest County Court,
Haywards Heath County Court,
Hereford County Court,
High Wycombe County Court,
Horsham County Court,
Huddersfield County Court,
Huntingdon County Court,
Ilford County Court,
Ipswich County Court,
Keighley County Court,
Kendall County Court,
Kidderminster County Court,
Kings Lynne County Court,
Kingston-upon-Thames County Court,
Lambeth County Court,
Leeds Combined Court Centre,
Leicester County Court,
Leigh County Court,
Lewes Combined Court Centre,
Lincoln County Court,
Liverpool Civil and Family Court,
Llanelli County Court,
Llangefni County Court,
Lowestoft County Court,
Ludlow County Court,
Macclesfield County Court,
Maidstone Combined Court Centre,
Manchester County Court (Deansgate)
Mansfield County Court,
Melton Moybray County Court,
Merthyr Tydfil Combined Court Centre,
Middlesbrough County Court,
Milton Keynes County Court,
Mold County Court,
Morpeth and Berwick County Court,
Neath and Port Talbot County Court,
Nelson County Court,
Newark County Court,
Newbury County Court,
Newport (Gwent) County Court,
Newport (Isle of Wight) County Court,
Northwich Magistrates and County Court,
Nuneaton County Court,
Oxford Combined Court Centre,
Penrith County Court,
Penzance County Court,
Plymouth Combined Court,
Pontefract County Court,
Pontypool County Court,
Pontypridd County Court,
Poole County Court,
Preston Combined Court Centre,
Rawenstall County Court,
Reading County Court,
Redditch County Court,
Reigate County Court,
Rhyl County Court,
Romford County Court,
Rugby County Court,
Salisbury Crown and County Court,
Skegness County Court,
Skipton County Court,
South Sheilds County Court,
Southampton Combined Court Centre,
Southend County Court,
Southport County Court,
Southwark County Court,
St Albans County Court,
Stafford Combined Court Centre,
Staines County Court,
Stockport County Court,
Stoke-on-Trent Combined Court,
Stourbridge County Court,
Stratford-upon-Avon County Court,
Swansea Civil Justice Centre,
Swindon Combined Court,
Tameside County Court,
Tamworth County Court,
Taunton County Court,
Teesside Combined Court Centre,
Trowbridge County Court,
Truro County Court,
Uxbridge County Court,
Wakefield County Court,
Walsall Hearing Centre - County Court,
Wandsworth County Court,
Warrington and Runcorn County Courts,
Warwick Combined Court Centre,
Welshpool and Newton County Court,
West London County Court,
Weston-Super-Mare County Court,
Weymouth and Dorchester Combined Court Centre,
Whitehaven County Court,
Wigan County Court,
Willesden County Court,
Wolverhampton Combined Court Centre,
Workshop County Court,
Worthing County Court,
Yeovil County Court,
York County Court
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meatloaf43154

Just found and interesting quote on the Lloyds TSB webste - link below - with regard to claims for credit card charges not been affected by the "test case" may be usefull in sending to a court, wiht a letter with regard to objecting to a stay rather then using the form and £65 of out hard earned cash

http://www.lloydstsb.com/ways_to_bank_with_us/answers_bank_charges.asp?link=side_navigation

43154

lostlollyinnotts

In reply to the above list of courts

I have received a letter from Nottingham County Court today, stating all cases are stayed until the outcome in the high court. They expect a result apparently by February. Once a decision is reached the court has ordered the bank to contact them within 3 months of a decision to seek directions....

Great - sounds like I will know something by 2009!!!

Very upset

meatloaf43154

Just for info and to help anyone here is what i wrote to the court - regarding my stay on the credit card claims: Any comment or critisisms are welcome..

Dear Sir / Madam,

I write with regard to the stay on my above case that was sanctioned by the Honourable District Judge ????? on 10<SUP>th</SUP> August 2007, which the court advised me of on 13<SUP>th</SUP> August 2007 to which I received on 15<SUP>th</SUP> August 2007 in the post.

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 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.<O:p</O:p

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

<O:pI further submit for the courts consideration that it is common knowledge the Barclays Bank plc t/a Barclaycard 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 card accounts.

<O:pI 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.

<O:pI further submit that as my claim is for the refund of credit card charges and not unauthorised overdraft charges which is what the test case is for then the stay should not have been granted on this occasion.

<O:pLloyds TSB plc one of the major banks in the test case above have issued on their website, a copy of which is attached for the courts reference, that credit card complaints are not affected by the test case – it is presumed therefore this applies to all banks in the test case and not just uniquely to Lloyds TSB plc

I respectfully submit the above matters for your consideration and equitable decision, and as I have today not received notification of a defence been filed that i therefore be allowed to request judgement forthwith.
<O:p</O:p


43154

JaxMax_2

lindilou39 wrote: »

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.

Would anyone be able to direct me to this 'waiver' so I can hopefully sound like I'm talking sense when I go to court, please? I'm due in this Friday and have been told that while I should still turn up, I am to expect the judge to stay the case, but as I have to live on Incapacity Benefits only I am hoping he/she may consider this when making their decision.

Thanks
Jax

techspec

http://www.moneymadeclear.fsa.gov.uk/news/unauthorised_overdraft_charges_test_case.html

TANZARELLI

lostlollyinnotts wrote: »

In reply to the above list of courts

I have received a letter from Nottingham County Court today, stating all cases are stayed until the outcome in the high court. They expect a result apparently by February. Once a decision is reached the court has ordered the bank to contact them within 3 months of a decision to seek directions....

Great - sounds like I will know something by 2009!!!

Very upset

I have updated the list, thanks.

sparky0107

Hi All,
Before you send in your letters to try to have the stay removed try ringing this number 0845 345 4345. A lady at St Helens County Court gave it to me, saying to speak to them as they are experts, before you send in any letters, going to try them myself later when I get to work.

Hope this helps

sparky0107

borgbaiter wrote: »

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



borgbaiter

Hi borgbaiter

Try giving this number a ring, 0845 345 4345. I spoke to a lady at St. Helens County Court, enquiring whether they were staying all cases, she said they were making a decision within a week. When I asked about getting the stay lifted, she said to speak to someone with more experience and gave me this number, it may be worth a try to get some clarification on the situation.

Good luck

suelongman

TANZARELLI wrote: »

All the below seem to be playing by a case by case basis and appear to be all proceeding as normal:

Aldershot & Farnham County Court,
Blackpool County Court,
Bow County Court,
Bristol County Court,
Caernarfon County Court,
Chester County Court,
Chichester County Court,
Gateshead County Court,
Guildford County Court,
Hitchin County Court,
Hull County Court,
Kettering County Court,
Lancaster County Court,
Medway County Court,
Newcastle County Court,
Northampton County Court,
North Shields County Court,
Norwich County Court,
Oldham County Court,
Peterborough Combined Court Centre,
Pontefract County Court,
Rotherham County Court,
Salford County Court,
Scarborough County Court,
Scun.thorpe County Court,
Slough County Court,
St.Helens County Court Merseyside
Sunderland County Court,
Thanet County Court,
Watford County Court,
Wellingborough County Court,
Winchester Combined Court,
Woolwich County Court,
Worcester County Court,
Wrexham Count Court,
Croydon County Court,

All the below courts have said SOME cases will be stayed whilst the outcome of the test case is decided:
Altrincham County Court,
Sheffield Laws Courts,


All the below courts have said ALL cases will be stayed whilst the outcome of the test case is decided:
Bradford County Court,
Chorley County Court,
Halifax County Court,
Luton County Court,
Nottingham County Court,
Southend County Court,
Torquay and Newton Abbot County Court,

The situation at the below is still unclear:

Aberdare County Court,
Aberysthwyth County Court,
Accrington County Court,
Ashford County Court,
Aylesbury County Court,
Banbury County Court,
Barnet Civil and Family Courts Centre,
Barnsley County Court,
Barnstaple County Court,
Barrow-in-Furness County Court,
Basildon Combined Court,
Basingstoke County Court,
Bath County Court,
Bedford County Court,
Birkenhead County Court,
Birmingham Civil Justice Centre,
Bishop Auckland County Court,
Blackburn County Court,
Blackwood County Court,
Bodmin County Court,
Bolton Combined Court Centre,
Boston County Court,
Bournemouth County Court,
Brecon Law Courts,
Brentford County Court,
Bridgend Law Courts,
Brighton County Court,
Bromley County Court,
Burnley Combined Court Centre,
Burton-upon-tweed County Court,
Bury County Court,
Bury St Edmonds County Court,
Buxton County Court,
Cambridge County Court,
Canterbury Combined Court Centre,
Cardiff Civil Justice Centre,
Carlisle Combined Court Centre,
Carmarthen County Court,
Central London County Court,
Chelmsford County Court,
Cheltenham County Court,
Chesterfield County Court,
Clerkenwell and Shoreditch County Court,
Colchester County Court,
Consett County Court,
Conwy and Colwyn County Court,
Coventry Combined Court Centre,
Crewe County Court,
Croyden County Court,
Darlington County Court,
Dartford County Court,
Derby Combined Court Centre,
Dewsbury County Court,
Doncaster County Court,
Dudley County Court,
Durham County Court,
Eastbourne County Court,
Edmonton County Court,
Epsom County Court,
Evesham County Court,
Exeter Combined County Centre,
Gloucestershire Family and Civil Courts,
Grantham County Court,
Gravesend County Court,
Great Grimsby Combined Court Centre,
Harlow County Court,
Harrogate County Court,
Hartlepool County Court,
Hastings County Court,
Haverfordwest County Court,
Haywards Heath County Court,
Hereford County Court,
High Wycombe County Court,
Horsham County Court,
Huddersfield County Court,
Huntingdon County Court,
Ilford County Court,
Ipswich County Court,
Keighley County Court,
Kendall County Court,
Kidderminster County Court,
Kings Lynne County Court,
Kingston-upon-Thames County Court,
Lambeth County Court,
Leeds Combined Court Centre,
Leicester County Court,
Leigh County Court,
Lewes Combined Court Centre,
Lincoln County Court,
Liverpool Civil and Family Court,
Llanelli County Court,
Llangefni County Court,
Lowestoft County Court,
Ludlow County Court,
Macclesfield County Court,
Maidstone Combined Court Centre,
Manchester County Court (Crown Square)
Manchester County Court (Deansgate)
Mansfield County Court,
Melton Moybray County Court,
Merthyr Tydfil Combined Court Centre,
Middlesbrough County Court,
Milton Keynes County Court,
Mold County Court,
Morpeth and Berwick County Court,
Neath and Port Talbot County Court,
Nelson County Court,
Newark County Court,
Newbury County Court,
Newport (Gwent) County Court,
Newport (Isle of Wight) County Court,
Northwich Magistrates and County Court,
Nuneaton County Court,
Oswestry County Court,
Oxford Combined Court Centre,
Penrith County Court,
Penzance County Court,
Plymouth Combined Court,
Pontypool County Court,
Pontypridd County Court,
Poole County Court,
Portsmouth Combined Court Centre,
Preston Combined Court Centre,
Rawenstall County Court,
Reading County Court,
Redditch County Court,
Reigate County Court,
Rhyl County Court,
Romford County Court,
Rugby County Court,
Salisbury Crown and County Court,
Shrewsbury County Court,
Skegness County Court,
Skipton County Court,
South Sheilds County Court,
Southampton Combined Court Centre,
Southend County Court,
Southport County Court,
Southwark County Court,
St Albans County Court,
Stafford Combined Court Centre,
Staines County Court,
Stockport County Court,
Stoke-on-Trent Combined Court,
Stourbridge County Court,
Stratford-upon-Avon County Court,
Swansea Civil Justice Centre,
Swindon Combined Court,
Tameside County Court,
Tamworth County Court,
Taunton County Court,
Teesside Combined Court Centre,
Telford County Court,
Trowbridge County Court,
Truro County Court,
Tunbridge Wells County Court,
Uxbridge County Court,
Wakefield County Court,
Walsall Hearing Centre - County Court,
Wandsworth County Court,
Warrington and Runcorn County Courts,
Warwick Combined Court Centre,
Welshpool and Newton County Court,
West London County Court,
Weston-Super-Mare County Court,
Weymouth and Dorchester Combined Court Centre,
Whitehaven County Court,
Wigan County Court,
Willesden County Court,
Wolverhampton Combined Court Centre,
Workshop County Court,
Worthing County Court,
Yeovil County Court,
York County Court

my case was with portsmouth combined court today and it was stayed