Legal brains expert advice please!

nickmack

Phamous wrote: »

One argument I am thinking of using is that I am being denied justice by a future precedent which is not the law of the land.

I guess this is for current account charges and not credit cards which shouldn't be stayed anyway.

I'm not sure where you're going with this argument. What justice are you being denied by a future precedent? If you're talking about the test case, the charges have not been deemed as unlawful, so at the moment, the banks can get away with charging excessive amounts as penalties.

Tozer

I think you are better off not contesting any application to stay - its what has happened in the vast majority of cases so why should yours be different?

I suspect you will only rile the judge.

borgbaiter

hi

the judge will have no choice but to stay the case as there has already been a precedent binding on the county courts in this matter. hardship is the only chance but i have heard of no successes on these grounds either in the county court.


Borgbaiter

Phamous

Thanks so far for the helpful replies. I think the case will probably be stayed, I am not hearing of any current cases. Should I prepare in any way? Take anything?

Cheers

Tozer

borgbaiter wrote: »

hi

the judge will have no choice but to stay the case as there has already been a precedent binding on the county courts in this matter. hardship is the only chance but i have heard of no successes on these grounds either in the county court.


Borgbaiter

Not true. The judge does have discretion to hear the case. The stay was only a recommendation issued to the County Courts. As there has been no High Court ruling yet, there is no precedent.

Edinburghlass_2

I've merged your previous threads as it appears you have already been given good advice regarding your case.

Phamous

Thanks Edinburghlass - but I do still need advice - desperately!

Am up at 10am tomorrow and am still trying to formulate my argument. Yes, there's every chance my claim will be stayed but I need to at least have some kind of argument ready.

So - please, please help if you can!

dmg24

Tozer is correct, the judge is not pound by any precedent at this stage.

Do you have a particular reason for not having your case stayed?

Tozer

Why argue against a foregone conclusion? Every other case is stayed so why shouldn't yours be?

Phamous

Dmg24 - yes I have been reading that whether or not a case is heard is still at the discretion of the county court judge. There is no particular reason why mine should be heard but before the test case started, I asked for the stay to be overturned and so it's only polite of me to turn up and plead my case... surely?! What would be the point of turning up in court and saying to the judge, 'I know I asked for my stay to be lifted but don't worry about it now.'

Tozer - it is still appretly up to each individual judge and he's kindly granted me the right to appeal so why not at least try? Of course he'll probably stay my case but I askedfor the right to a hearing and I'd like to use it.

Cheers guys