Court has stayed credit card !!

hopeneeded

hi all

both my sister and I are both reclaiming credit card charges. My sister has gone through mcol but has had their claim stayed. I'm sure this is incorrect because the OFT case isn't about credit cards!

1) am I correct?

2) if she pays for the cost of asking for the stay to be removed..can she claim this cost back?

Stokey125

hopeneeded wrote: »

hi all

both my sister and I are both reclaiming credit card charges. My sister has gone through mcol but has had their claim stayed. I'm sure this is incorrect because the OFT case isn't about credit cards!

1) am I correct?

2) if she pays for the cost of asking for the stay to be removed..can she claim this cost back?

In answer to your first question teh answer is Yes. In relation to the 2 question teh answer is that allquestions are in the discretion of the court. If the error was caused by the defendant then the court may award her costs. However if the error was by the court then she should write to teh court manager and ask if he would agree to refund the fee as the fee was incurred due to a court error. It would be a matter for the court manager to decide if he would agree. May I suggest before making a formal application write to the court and expklain that credit cards are not covered by the test case and ask the court to consider making an order of its own motion lift the stay.

kashie

Hello just browsing around this site and this thread caught my eye. I too have two credit card claims in at the moment - one for Barclaycard and the other for Citi Financial. Both have been stayed by the courts. I applied for both to be lifted and had the application refused.

See below response from court.

Before District Judge Hendicott sitting before Cardfif County Court, Cardiff Civil Justice Centre, 2 Park Street, Cardiff, CF10 1ET.


UPON READING the Claimant's submissions objecting to the proposed order of stay

IT IS ORDERED THAT

1. The submission be treated as an application to remove the stay in the order of 06-August-2007.

2. The application be refused.

3. As theis application has been refused without a hearing, either party may apply for the application to be reconsidered at an oral hearing. Anysuch application shall be on notice, and is reserved to HHJ Hickinbottom or DJ HEndicott unless expressly released by either.

Dated 11th September 2007.

To be honest I am so tired of trying to fight these people now that I feel like giving up. The OFT said the test case only applies to bank charges yet both my credit cards have been stayed and both applications refused. I feel they are just stalling to get the work load down and I am feeling exhasuted by all the hassle etc that this is causing.

ANy advice????

techspec

I am aslo looking for the credit card stay removal template for part c of the notice.

I was originally told to write a letter, but now they want the form and the money.

wendfd

I have started a claim against Mint but I had to issue this in th name of Royal Bank of Scotland. My claim did not mention credit card and now its been stayed. I have a letter from the court giving me 14 days to respond. I will do this using the info on this site but am I stuffed as I never said it was a credit card claim in my particulars.

Wendy

roadrunner8

Thanks for that asked for stay to be lifted on the barclaycard at my local county court now i recieved a responce from court to be heard on the 9/10/07, do you know what will happen there rather nervous dont know what to say when i get there ?????????

roadrunner8

:j Just got off the phone with barclaycard, should be in court tomorrow to lift a stay,:j dont have to now as they have agreed to pay in full:rotfl: :T :T :T :T :T :T :T WITH MANY MANY THANKS TO MARTIN HE'S THE MAN:money: :A ONLY GOT BARCLAYS TO CONQUER NOW IF ANYONE IS DUE FOR COURT WITH BARCLAYCARD RING THIS NUMBER FOR THE LITIGATION TEAM;;; THOMAS HICKLEY ON 02071164523 IF NO ONE ANSWERS LEAVE YOUR NAME AND PHONE NUMBER THEY WILL GET BACK TO YOU AND DONT LET THEM FOB YOU OFF, THEY DONT WANT TO GO TO COURT.GOOD LUCK..

ParviSingh

Hiya, what did you say to barclaycard over the phone?

RLCLTD

Having read through this thread, I have a feeling my case against Barclaycard may have suffered the same fate.

However, despite having written to the court twice to find out the state of play in this case, I still havent heard anything back from them.

Either the court is overrun with work and its taking them a while to get back to me or they are delaying for another unknown reason.

Think I will give them another week...before contacting them again..

I wonder if you can take a court to court? lol

shooter

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