Important --- Please Read ---lifted Stay

andymc

For those of you thinking of applying for a stay please read. Bear in mind although my particular claim was won online before OFT announcement.

After taking Barclays to court for £366 and winning judgement on the 24th July, pre-judgement (3 days before OFT announcement) I had to apply for a warrant after Barclays wouldn't pay because of the national stay by the High Court, they thought it applied to me but I was convinced it wasn't because of the date that I won it. The Judge was that was supposed to order the warrant also stayed it on the 13th Aug, so I hand delivered an appeal last Friday at 3.55pm (5 minutes before the courts were closing with an N244 form and a copy of my Judgement, so yesterday it was heard before a judge again, and he agreed with me and lifted my stay! Got a letter today Tuesday 21st saying the bailiff's office received a cheque in full from Barclays, and they will be passing it onto me!
So for those of you that are thinking about it then this might help you decide, it doesn't cost you anything if done in 7 days, and even if you lose then it gets carried on after the High Court ruling, so your not losing anything, but the warrant will cost you £55, which if you win, you get back.

Palerie-head

This is great news! Well done you!
I've given HSBC until 4pm today to pay out or it's off to court tomorrow to issue a warrant, I feel so much more confident about it all now!

Cheers! :beer:

andymc

Yes I hope this makes you make your mind up, I maybe the first to post this type of win, so there is no bench mark to guide you but it's one-nil to us, so if anybody else has won a similar case please report and help this to grow, we might set a trend!!;)

Palerie-head

Indeed!- I've just looked on the bailiff/warrant thread and there seem to be a few people in the same boat as us. Someone is recommending using a 'high court enforcement officer' as a quicker option that the county court bailiffs, so I'm going to look into that in more detail tonight. I will of course let you know how I get on.

What will I do when they pay out? This has become a little hobby for me now!

Palerie-head

I've just had a call from my bank - they have apparently applied for my judgement to be stayed because of the 27/7 test case. I have explained (as I have many many times) that my judgement of 25/7 pre dates the test case and so must stand.

I almost wish I hadn't chased them for the money and just quietly issued the warrant - they seem to have been totally oblivious of the fact that I had been given judgement and were apparently all primed for going to court tomorrow (the date I had been given that was cancelled when judgement was given).

I hope the court will tell them to buzz off seeing as they didn't enter their defence when the court asked them to! I can't believe that almost a month after their defence was supposed to be filed they would have the audacity to request a stay and be intending to turn up in court tomorrow to discuss a case they haven't had the courtesy to comply with the judge's request on!

Palerie-head

Grrrrrrrrrr. Still seething. I don't think I'll be able to sleep tonight in anticipation of going to the court tomorrow to ask for my warrant. I'll be gutted if the bank have been granted a stay on my judgement.

andymc

Carry on, you shouldn't doubt yourself. This is what I was doing, but when you win, it will be an even greater feeling of satisfaction, because, you've put more into fighting them, and they you. I think you should win. Having, re-read my letter today I realised there was a second date on it - 17th August which means they re-issued the warrant before I appealed. They must have realised that it is illegal to stay a warrant that has been given judgement before 27th July. That would make more sense from my conversation with that nice lady from MCOL, who even after having a 10 minute chat with her manager, didn't know the legality of it. So I have a feeling from those 2 things and from a further couple of posts on here that actually they're not allowed to stay a warrant, that is from a judgement pre 27th July. I hope you win. Good Luck.;)

Palerie-head

Thanks Andy - but see my new thread today! HSBC have applied for the judgement to be set aside. I'm gutted.

andymc

Appeal. its automatic that they have it set aside, its a formality, just appeal now - straight away.

Palerie-head

andymc wrote: »

Appeal. its automatic that they have it set aside, its a formality, just appeal now - straight away.

Can I appeal even though the judge hasn't yet set it aside? according to the court, it will be listed and I'll get notification of when it will be heard. I assume I now have to wait to see if the judge sets it aside and then appeal? I'm going to send a letter today to advise that I will appeal if it is set aside and give my arguements for this.

You should see the bundle of stuff they have sent - very intimidating for the lay person.

Stokey125

andymc wrote: »

Appeal. its automatic that they have it set aside, its a formality, just appeal now - straight away.

You cannot appeal until after the order is made as you do not have anything to appeal. Due to some of the condescending things said in the application it might be the bank that would have to consider appealing. It is not always a go idea to tell the judge that he does not have the intelligence to deal with the matter.