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This is a very important piece of feedback just posted OTR.
I will cross post this for maximum distribution on LB.
Kurt_Hamster has just replied to a thread you have subscribed to entitled - The
Stay - Here is the application grounds for the removal of the stay - in the
General forum of The Consumer Forums.
This thread is located at:
http://www.consumeractiongroup.co.uk...-new-post.html
Here is the message that has just been posted:
***************
For anyone considering applying for a removal of stay can I suggest that you
read about my experiences (along with the RBS' defence) in http://www.consumeractiongroup.co.uk...oval-stay.html
Though a brief synopsis would be:
1. Judge was reluctant due to no previous experience of others managing to
remove this stay.
2. Human Rights is not an issue as "reasonable time" can be acceptable up to 7.5
years.
3. To remove the stay one must show how your case is sufficiently different from
everyone else's
4. If going for "financial hardship" then you must demonstrate how it will
directly effect you. The response to my submission was "you're refusing to pay
the charges anyway so they aren't causing you financial hardship" The fact I was
paying interest on the charges and not claiming it fell on deaf ears.
5. If going for "health reasons" then you need to show exactly how the stay will
have an effect on your health. Stress is not a factor as "well you started the
case didn't you?" was the response I got from the judge.
6. "There's a bias in the status quo". The bank will argue that the status quo
remains the same in that they were able to charge per T&C before the stay so
they should be able to charge during the stay.
Basically it seems, at least in my case, that this is such an important case
that DJs aren't going to want to stick their heads over the parapet. As such you
will need an exceptionally strong case, e.g. terminal illness or somesuch.
***************
I will cross post this for maximum distribution on LB.
Kurt_Hamster has just replied to a thread you have subscribed to entitled - The
Stay - Here is the application grounds for the removal of the stay - in the
General forum of The Consumer Forums.
This thread is located at:
http://www.consumeractiongroup.co.uk...-new-post.html
Here is the message that has just been posted:
***************
For anyone considering applying for a removal of stay can I suggest that you
read about my experiences (along with the RBS' defence) in http://www.consumeractiongroup.co.uk...oval-stay.html
Though a brief synopsis would be:
1. Judge was reluctant due to no previous experience of others managing to
remove this stay.
2. Human Rights is not an issue as "reasonable time" can be acceptable up to 7.5
years.
3. To remove the stay one must show how your case is sufficiently different from
everyone else's
4. If going for "financial hardship" then you must demonstrate how it will
directly effect you. The response to my submission was "you're refusing to pay
the charges anyway so they aren't causing you financial hardship" The fact I was
paying interest on the charges and not claiming it fell on deaf ears.
5. If going for "health reasons" then you need to show exactly how the stay will
have an effect on your health. Stress is not a factor as "well you started the
case didn't you?" was the response I got from the judge.
6. "There's a bias in the status quo". The bank will argue that the status quo
remains the same in that they were able to charge per T&C before the stay so
they should be able to charge during the stay.
Basically it seems, at least in my case, that this is such an important case
that DJs aren't going to want to stick their heads over the parapet. As such you
will need an exceptionally strong case, e.g. terminal illness or somesuch.
***************
