Court has stayed credit card !!

king100

Andymc

have just seved notice to LLoyds 2 days ago so will be watching this thread with most interest.

GL in over turning the stay. But as someone else pointed out it doesnt apply to CC and LLoyds have said this.

andymc

I may just have them committed for contempt, I have had enough of the corruption. I will look into it tomorrow and see if its feasable, I only have 7 days left, after only getting the letter on the 6th day of a 14 day window of opportunity. Thanks for all advice.

Stokey125

andymc wrote: »

I may just have them committed for contempt, I have had enough of the corruption. I will look into it tomorrow and see if its feasable, I only have 7 days left, after only getting the letter on the 6th day of a 14 day window of opportunity. Thanks for all advice.

If you do let us know how you get on as it would be interesting to know there reaction.

king100

I thought that you get the full term of 14 days on the day that you receive the notice.

techspec

My court did not quote a deadline, and said i could appeal in writing, waiving the usual fee and forms.

I sent it yesterday, so will post the result here.

Credit card companies don't seem to realise that they may be shooting themselves in the foot here. At the moment they are charging £12, with no fear of action by the OFT. If they drag credit cards into this, and the charge is set at say £5 by the OFT for overdrafts, they will have brought down their charges for credit cards aswell.

Stokey125

Stokey125 wrote: »

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.

If anyone is thinking of trying a contempt application based on an inaccurate statement in a document read this excerpt from the CPR http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part32.htm#IDA34ULD

It seems you will have to refer the matter to the court and see what they say first.

annie42

Am I mistaken but I thought the impending ruling did'nt apply to claims for credit card charges but I received a letter this morning saying my claim has been stayed.

Stokey125

annie42 wrote: »

Am I mistaken but I thought the impending ruling did'nt apply to claims for credit card charges but I received a letter this morning saying my claim has been stayed.

Your not mistaken you will have to apply to have the stay set aside as the test case does not concern credit cards

kashie

Hello,
I am claiming from CitiFinancial and was at the stage where I had a directions hearing scheduled for 14th August 2007. I had a letter a few days before to say that the claim had been stayed and there was no need to attend.

Since then, I have sent in an N244 application for the stay to be lifted and sent copies of this to Citi to let them know my intentions. I recieved this letter this morning.

:mad:
I act on behalf of Citifinancial Europe plc and enclose a letter to the court for your attention.

Might I suggest that you acquaint yourself with the facts before making such allegations against my client. It has NEVER requested a stay but has, on occasion, agreed to a request from a third party. It does defend itself but it does not do so to waste the court time but becasue it believes it has a right to do so.

Might I suggest also that you cease to hold other parties actions against my client and attempt to rely on thier actions in pursuit of your own claim. The circumstances are entirely different and the banks don't act in concert so these facts have no evidential merits. It is neither responible for them nor their customers. Your account was with my client. Your claim is against my client. you appear to simply be annoyed that client has the temerity to defend itself.

As for negotiation, I presume that your view of such would be that my client give you what you ask for. However the basis of the defence is that yo actually owed my client money when your accoutn charged off. If you had paid off the £1063.39 still outstanding then your claim for the money would have more crediblity.

Finally, I enclose a copy of a recent judgement involving my client so that you can be sure it does take cases to a hearing rather than merely to the door of the court.

Notwithstanding the above, I have authorized a write off the sum of £273 representing the difference between the amount of the default fees levied and what would have been levied using the OFT figure.

yours sincerely


MrBrian Smith

Solicitor.:mad:


Can someone advise where I go from here????

king100

What was the total amount that you are claiming.

Guess that the £200 is the difference between what you got charged and the £12 max charge.

Personally accept the payment as part payment without prejudice etc etc but also state that you will be seeking the full amount.

If they have stayed the case then they have sent it a wrong defence to the court to make it seem like it is a bank charge case. All credit card charges cannot be defended with a stay.

i have a letter prepared as i am taking lloyds to court and want them to stay the case, it explains that they made a false resresentation of the case in the defence etc etc.

If you want a copy pm me and ill send you it.