Court has stayed credit card !!

Carol57_2

Can anybody help with this?Do we write to the Bank or the Banks Solicitors or the court?

Carol57_2

Lloyds have defended a friends CC charges claim as if it's bank charges with the defence reading overdraft charges etc are lawful. It has gone to Northampton court where Judge Murdoch has stayed the claim.

She has phoned the FO who have said they can't help as it's gone to court but that CC's are not affected by the new ruling so this shouldn't have happened.

What is the next step does she phone the banks solicitors or the court? Should it be moved to the local court so she can try and appeal?
Any help greatly received

Stokey125

Carol57 wrote: »

Lloyds have defended a friends CC charges claim as if it's bank charges with the defence reading overdraft charges etc are lawful. It has gone to Northampton court where Judge Murdoch has stayed the claim.

She has phoned the FO who have said they can't help as it's gone to court but that CC's are not affected by the new ruling so this shouldn't have happened.

What is the next step does she phone the banks solicitors or the court? Should it be moved to the local court so she can try and appeal?
Any help greatly received

Apply to have the stay lifted and the defence struck out as an abuse of process on the basis that as the claim relates to a credit card account and not bank charges the defence is misleading in that in refering to bank chargs the defendant is seeking to obtain a stay in circumstances when if the tryue facts where stated in the defence they would not have been entitled.


If you want to be really mean you could apply to have them committed for contempt of court as they filed a dcoument which they knew was misleading and they intended to mislead in order to obtain a stay.

Carol57_2

Thanks for your help, is there any letters anywhere that she get an idea of how to word it all and does she send it to the court? Sorry to be so thick but mine all went through without any of this hassle and she is quite shocked that this has happened.

Stokey125

Carol57 wrote: »

Thanks for your help, is there any letters anywhere that she get an idea of how to word it all and does she send it to the court? Sorry to be so thick but mine all went through without any of this hassle and she is quite shocked that this has happened.

Regardless of which of the two she goes for she needs to fill in a N244 which she can get from the court. If she wants to go for the contempt route she will have to do a separate statement, supported by a statement of truth the wording for which you can find at the bottom of the defence, stating the facts which it is alleged amounts to a contempt these basically being that the claim in relation to credit card charges. Here she should refer to those parts of her particulars of claim where she makes it clear that it is for credit card charges. That credit card charges are not covered by the OFT case and formally exhibit the OFT statement which makes this clear.

If she wants to go for the lifting of the stay the rounds for this are that credit card charges where the subject of an OFT investigation last year and are not covered by the current litigation again rely on the OFT statemnt.


Of course she can do both this would the most expensive for the bank as if they are found to have deliberately misled the court and therefore are in contempt the size of the fine is likely to be higher than the claim and they would have to pay the claim. Doing this ould make it less likely that they would try such a stunt again. It might put them in hot water with the regulators and the Bank of England

ormus

http://news.bbc.co.uk/1/hi/business/6955437.stm

this may help you? it seems that we have a two tier county court/judicial system, just like the so called NHS.

Stokey125

If the defence as in the one refered to by Carol57 explicitly refers to bank charges in the defence so as to make it look as if it is a bank charges claim then as I have said in another thread by Carol57 it would seem to me that the bank is deliberately trying to mislead the court and as such may be guilty of contempt of court. In such a case consideration should be given to applying for the stay to be lifted and for the defence to be struck out as an abuse of process as ii is misleading and/or inaccurate. Also in addition if you want to be really mean you can consider applying to have the bank committed for contempt on the basis that they have obtained a stay by giving misleading statements in thier defence.


In the case of applying for committal for contempt the application would have to be served on the banks registered office addressed to the Company Secretary.

Palerie-head

Stokey125 wrote: »

Also in addition if you want to be really mean you can consider applying to have the bank committed for contempt on the basis that they have obtained a stay by giving misleading statements in thier defence.


In the case of applying for committal for contempt the application would have to be served on the banks registered office addressed to the Company Secretary.

lol - be mean andy be mean!!!

Bewitched2761

I have a letter for removal of stays over credit cards my sister had this recently with a nationwide account and a member on cag provided it for her, pm me if you would like a copy. I would also report them to the financial ombudsman this is just gamesmanship and bullying
good luck

Carol57_2

thanks Bewitched, I have pm'd you