bank/court

Marya_2

Well, I arrived at court well before 3pm only to have to wait for almost an hour before my case was to be heard. I had been told that the bank were not going to send a representative but as usual they'd 'romanced' (my mother told me that was a 'nice' word for lies!!) The banks representative came over to me introduced himself and told me he intended asking for a 'stay' - the very thing I understood they'd been denied. Unfortunately, it went the banks way.....................as it (apparently) is going to go until the FSA finish their test case with various banks. The judge gave me a sheet that states:

1. This claim is stayed until one calendar month after final judgment in the test cases (including any appeal) or 31st October 2008 whichever be the sooner;

2. Either party may upon notice to the other apply to lift the stay at any stage up to the earliest of the two dates provided for in paragraph 1 above;

3. If no application is made to lift the stay or seek further directions before the earliest of the dates provided for in paragraph 1 above the claim shall stand dismissed without further order.

So I neither won nor lost and am now in no-man's land. Bloomin' FSA.

Ah well, if it wasn't for the bad luck I have I wouldn't have any luck at all.

rog2

It seems quite common practice, at the moment, for the Courts to put a 'stay' on similar cases, awaiting the outcome of the 'test case' in the High Court.

The most 'worrying' part, to me, is paragraph 3, where the judge states that, if no request to 'lift' the stay or seek further direction, is received before the earliest of the dates provided in paragraph 1 the claim shall stand dismissed without further order.'

High Court cases, especially 'test case' have a habit of dragging on, sometimes for years, so I would keep an eye on this, and, if necessary, take legal advice on how to request that the 'stay' be lifted.

Did the Court instruct the Bank to cease applying any further charges/penalties pending the outcome of the 'test case'?