Court has stayed credit card !!

borgbaiter

hi

has anyone had there credit card court cases stayed pending the OFT test case. im sure i saw a post here saying it had happened but i cant find it now.

maxwellhouse

Hope someone can help me!

I had the same court date in early September for my cases against Barclaycard and Marbles credit cards to be heard at an allocation hearing. I was all geared up and ready to go, having done a fair bit of research. This morning I received in the post, 2 letters, informing me that in both cases the judge has issued a stay. It reads as follows

Upon reading the court file

And upon the court noting that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts.
And it appearing that the issues raised in the test case are similar to those in this claim.

THE COURT OF ITS OWN INITIATIVE ORDERS THAT:

1. The claim be stayed until the 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 with CPR 23 to lift the stay.

2. If no such application is made, the court will give directions of its own initiative on the expiry of the stay.

3. The allocation hearing listed on 3/9/07 be vacated.


What is my next step? I was under the impression that this applied only to current accounts and not to credit cards. I would appreciate any advice -thanks.

Stokey125

Apply to have the stay set aside there are arguments on this site and on CAG for this. It would seem that the Judge has not appreciated that the test case does not concern credit cards.

Tiger_greeneyes

We've put in a claim to Barclaycard.

The Barclaycard was transferred from Woolwich by default due to the merge and subsequent closure of Woolwich.

We've just had a letter from the court which stated Woolwich as the Defendant, even though it's a Barclaycard account.

The letter:

Claimant: Tiger_greeneyes
Defendant: Woolwich Open Plan Services

General Form of Judgement or Order

Upon neither party attending

IT IS ORDERED THAT

1. Save as appears in this order, this action be stayed pending the final decision (being judgement in the action or the final appellate court, whichever is the later) in the test case between the Office of Fair Trading v Abbey National Plc and others ('the test case') or further order of the court.

2. The Defendant shall by 4pm on 21 days from drawing of the order serve on the Claimant a copy of the particulars of Claim in the test case or notify the Claimant of a website where the Statement of Claim may be viewed and downloaded.

3. The Defendant shall within 21 days of the final decision in the test case file at Court and serve on the Claimant:

(a) A case summary of not more than 500 words setting out the effect of the final decision in the test case on this action.

(b) Their proposed directions in this case.

4. Upon receipt of the documents set out at paragraph 3 of this order the file be referred to a District Judge to consider further directions.

5. Either party may apply to vary or discharge this order, provided that any application is made in accordance with Part 23 of the Civil Procedure Rules and made on 21 days notice.

We're perplexed by a couple of things:

1. They've declared the Woolwich as the Defendant. Could it be possible that Barclaycard isn't one of the eight banks/building societies affected by the OFT test case, and have transferred the task of being the Defendant to the Woolwich as a way of shifting the onus?

Q: Only eight banks/building societies are in the test case, can I reclaim from the others?
A: Banks have to agree to the FSA waiver in, to be let off dealing with reclaim cases. So far we’ve only been informed that the banks who are going to court have signed the waiver; yet it is very likely that all banks and building societies that offer current accounts will sign up. If any don’t, of course the details will go in the weekly e-mail.

2. Our claim was going through prior to 27th July - does this mean we're being fobbed off, or are they right in suspending our case - is there a cut-off date at all?

3. We were told that this test case is only applicable to bank charges (not credit cards) but the court have told us that it covers all types of accounts including credit cards.


Any advice would be gratefully received!

adwozere

3. We were told that this test case is only applicable to bank charges (not credit cards) but the court have told us that it covers all types of accounts including credit cards.


Any advice would be gratefully received![/quote]


I have the same problem with my Barclaycard claim they are saying I have to wait and see. (I think) This is the letter a got from Southend court.

"Upon Proceedings having been issued in the High Court to determine the legality or otherwise of Bank Charges;

And Upon it appearing to the Court that this claim will be affected by the outcome of those proceedings;

IT IS ORDERED THAT

1. This claim be stayed until determination of the proceedings in the High
Court

2. Liberty to either party to apply on notice under CPR 23 to lift the stay

3. The hearing of any application to lift the stay be reserved to District
Judge Dudley

This Order was made of the court's own initiative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the Order but such application must be made within 7 days of receiving it."

andymc

Basically the defense by Lloyds over their Trustcard credit card charges is citing the word "Bank" in inverted commas in the first line. Thats because the address is Lloyds Tsb Bank PLC, so they are using this as their argument, refering to their address which is "Lloyds Tsb Bank".

What can I do, there are no templates for this, only for standard Bank stays on CAG.

What wording can I use, to put on the form to lift the stay?

Any help would be most appreciated.

Palerie-head

Despite the fact that it is issued by a bank, surely the fact that it is a credit card means that it falls outside of the scope of the directive of 27/7?? Credit card issuers have agreed to reduce the charge, and so that issue isn't being considered in the test case...unless Lloyds TSB haven't lowered their charge inline with other companies?

Sorry I can't help with the wording, and you probably knew the above already.... grrrrrrrrr! I'm getting seriously fed up with all this now!

Good luck!

jimmybob_3

I'm sure they can't get away with that - I've never had this problem sorry I can't help!

Carol57_2

This has happened to my friend as well, the defence reads as if it is bank charges she is claiming when it, cc charges. What does she do next?

tifo

in their own website Lloyds clearly state the stay does not apply to credit cards ....

Q: Does this test case and the suspension of unauthorised overdraft claims apply to my credit card complaint?
A: No this test case and the suspension applies only to complaints about unauthorised overdraft charges and the law which applies to them.

link is here ... last para .... http://www.lloydstsb.com/ways_to_bank_with_us/answers_bank_charges.asp?link=side_navigation

angelwillow

Sounds like they are just trying it on to be honest.