Reclaiming CREDIT CARD charges, case stayed wrongly in 2007, need to restart action

[ashes2ashes]

Hi,

I started a claim for unfair credit card charges in October 2007. The bank filed a defence which resulted in the case being stayed pending the outcome of the OFT case. I emailed MCOL explaining that this claim was in fact for CREDIT CARD charges, and therefore the request by the bank for it to be stayed was not relevant and should not be granted for that reason. Despite this they were successful in being granted the stay of action. I may have applied to get the stay lifted with an N244 [including £75] but I'm not able to find any paperwork refering to this nor proof of any cheque I may have written at the time, my recolection of this is sketchy unfortunately.

I'd really appreciate some advice on how to restart things now.

• Plan A is write to bank telling them that I would be happy to settle out of court if they were to refund all charges in my original claim [including the 8% interest I added back in 2007] PLUS additional interest that I've been deprived of since their request to have the case stayed when in actual fact they had no right doing so?
• Plan B is to contact court and get stay lifted and update particulars of claim to add more interest on??

Some pointers of how to proceed would be really appreciated.

[natweststaffmember]

Re: Reclaiming CREDIT CARD charges, case stayed wrongly in 2007, need to restart acti

Hi,

I started a claim for unfair credit card charges in October 2007. The bank filed a defence which resulted in the case being stayed pending the outcome of the OFT case. I emailed MCOL explaining that this claim was in fact for CREDIT CARD charges, and therefore the request by the bank for it to be stayed was not relevant and should not be granted for that reason. Despite this they were successful in being granted the stay of action. I may have applied to get the stay lifted with an N244 [including £75] but I'm not able to find any paperwork refering to this nor proof of any cheque I may have written at the time, my recolection of this is sketchy unfortunately.

I'd really appreciate some advice on how to restart things now.

• Plan A is write to bank telling them that I would be happy to settle out of court if they were to refund all charges in my original claim [including the 8% interest I added back in 2007] PLUS additional interest that I've been deprived of since their request to have the case stayed when in actual fact they had no right doing so?
• Plan B is to contact court and get stay lifted and update particulars of claim to add more interest on??

Some pointers of how to proceed would be really appreciated.

Try the bank first and then if not then you go for the hardline approach.