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Worried! Judge has ORDERED STAY on his own initiative!

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S**t! S**t! S**t!

I thought my claim against Natwest was proceeding well. I have been through the whole process right up to returning my AQ to the court in person last week!

This morning I recieved a letter from the court saying :

THE COURT OF ITS OWN INITIATIVE ORDERS THAT

1. The claim is stayed unitl 31st March 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance wiht CPR 23, to lift the stay.
2. If no such application is made, the court will give directions of it's own initiative on the expiry of the stay.

Guys what do I do now! I really can't afford to wait until March for the money plus this has cost me £250 in court fees & £100 for the AQ so far!

How shall I best proceed with applying to lift the stay and making sure it's the best chance I have? Has anyone suceeded?

Is there anything I should be doing to force Cobbetts in to an offer?

I am claiming for over £7k and now I'm not sure I will see any of it!

Really worried this has all been a big loss now!

Has anyone else had to apply against a stay yet or can we use me as a test bed to try, try, try!

Cheers
Official DFW Nerd Club Member #596 - - - Proud To Be Dealing With My Debts
Debts : [Natwest £4568] [Council Tax £945] [Black Horse £912] [Welcome F £12,314] [Mortgage Arrears £3845] 2007 Goals : 25% reduction in overall debt!

NatWest Claim - £6728
07/05/07 - 6 Years Statements recieved
09/05/07 - PreLim Letter Sent
24/05/07 - LBA Sent
25/05/07 - 1st Response from Natwest recieved
14/06/07 - N1 Filed @ County Court
15/06/07 - Claim Issued by County Court
28/06/07 - Acknowledgement of Service from Cobbetts
13/07/07 - Defence recieved from Cobbetts
14/07/07 - Allocation Questionnaire recieved from Court

Comments

  • Stokey125
    Stokey125 Posts: 671 Forumite
    cl0nd0n wrote: »
    S**t! S**t! S**t!

    I thought my claim against Natwest was proceeding well. I have been through the whole process right up to returning my AQ to the court in person last week!

    This morning I recieved a letter from the court saying :

    THE COURT OF ITS OWN INITIATIVE ORDERS THAT

    1. The claim is stayed unitl 31st March 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance wiht CPR 23, to lift the stay.
    2. If no such application is made, the court will give directions of it's own initiative on the expiry of the stay.

    Guys what do I do now! I really can't afford to wait until March for the money plus this has cost me £250 in court fees & £100 for the AQ so far!

    How shall I best proceed with applying to lift the stay and making sure it's the best chance I have? Has anyone suceeded?

    Is there anything I should be doing to force Cobbetts in to an offer?

    I am claiming for over £7k and now I'm not sure I will see any of it!

    Really worried this has all been a big loss now!

    Has anyone else had to apply against a stay yet or can we use me as a test bed to try, try, try!

    Cheers

    On Monday a group of people from this board and the CAG website willl be applying at Cardiff County to have stays lifted. Also the DJ at Southend has directed a hearing before the Circuit Judge for the 4 December in order to resolve this matter. What may be an idea depending on how urgently you want or need to resolve this matter is to wait until the Southend cases are heard in December then if it goes the right way using that decision to have the stay lifted in your matter. Also you can add a request for summary judgment.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • cl0nd0n
    cl0nd0n Posts: 9 Forumite
    I think I am going to fill in an N244, take it to the court and apply for the stay to be lifted!

    Anyone done this yet?

    Hey I have gone this far I may as well give it a shot!

    Does anyone know if the application to lift the stay gets rejected will thsi affect my overall claim when the OFT case gets sorted?
    Official DFW Nerd Club Member #596 - - - Proud To Be Dealing With My Debts
    Debts : [Natwest £4568] [Council Tax £945] [Black Horse £912] [Welcome F £12,314] [Mortgage Arrears £3845] 2007 Goals : 25% reduction in overall debt!

    NatWest Claim - £6728
    07/05/07 - 6 Years Statements recieved
    09/05/07 - PreLim Letter Sent
    24/05/07 - LBA Sent
    25/05/07 - 1st Response from Natwest recieved
    14/06/07 - N1 Filed @ County Court
    15/06/07 - Claim Issued by County Court
    28/06/07 - Acknowledgement of Service from Cobbetts
    13/07/07 - Defence recieved from Cobbetts
    14/07/07 - Allocation Questionnaire recieved from Court
This discussion has been closed.
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