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gramsci99
MoneySaving Newbie
Join Date: Mar 2009
Post Count: 3
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Help! Court has thrown out my claim on the expiry of my stay
I made a claim for bank charges against First Direct in July 2007. All was proceeding until the general stay was applied on 22 August 2007 due to the OFT test case and my claim was transferred to a local court. The stay had an expiry of 28 October 2007. As the stay was imposed centrally (and not asked for by myself or First Direct), I assumed that it would be extended automatically until that case was settled one way or another.
I received no more correspondence from the court until 24 November 2008 when I received a judgement that as the stay had come to an end and that there had been no correspondence from either party, the claim stood dismissed. I rang the court and explained that I did not understand this; I had received nothing from them, the stay was not requested by either myself or First Direct and I personally wanted the case to be heard. I was advised to write to the Judge and advise him of this.
I wrote and heard nothing. I rang again and was told that my file was with the Judge. I rang again two weeks later and it was obvious that they had lost t he letter. So I sent them another copy. I got a reply this week stating:
"The Order made on 28th September 2007 stayed the cases until Final Judgement or 31st October 2008 whichever is the sooner. It further provides that if no application is made to lift the stay or seek further directions before the earliest of the dates the claim should stand dismissed without further order.
There having been no application made before the 31st October 2008 the claim was dismissed. If the claimant has made an assumption that is wrong, it is not the court's fault."
So now I am at a loss as to what to to do next. I've looked at the Civil Procedure Rules and there appear to be remedies to this but I don't really know what applies in these circumstances. I feel as if 'natural justice' has not been applied by the court.
Can anyone help?
MoneySaving Newbie
Join Date: Mar 2009
Post Count: 3
Thanked 2 Times in 1 Post
Help! Court has thrown out my claim on the expiry of my stay I made a claim for bank charges against First Direct in July 2007. All was proceeding until the general stay was applied on 22 August 2007 due to the OFT test case and my claim was transferred to a local court. The stay had an expiry of 28 October 2007. As the stay was imposed centrally (and not asked for by myself or First Direct), I assumed that it would be extended automatically until that case was settled one way or another.
I received no more correspondence from the court until 24 November 2008 when I received a judgement that as the stay had come to an end and that there had been no correspondence from either party, the claim stood dismissed. I rang the court and explained that I did not understand this; I had received nothing from them, the stay was not requested by either myself or First Direct and I personally wanted the case to be heard. I was advised to write to the Judge and advise him of this.
I wrote and heard nothing. I rang again and was told that my file was with the Judge. I rang again two weeks later and it was obvious that they had lost t he letter. So I sent them another copy. I got a reply this week stating:
"The Order made on 28th September 2007 stayed the cases until Final Judgement or 31st October 2008 whichever is the sooner. It further provides that if no application is made to lift the stay or seek further directions before the earliest of the dates the claim should stand dismissed without further order.
There having been no application made before the 31st October 2008 the claim was dismissed. If the claimant has made an assumption that is wrong, it is not the court's fault."
So now I am at a loss as to what to to do next. I've looked at the Civil Procedure Rules and there appear to be remedies to this but I don't really know what applies in these circumstances. I feel as if 'natural justice' has not been applied by the court.
Can anyone help?
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