Tuttsi V Halifax ( 18 year claim )

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

We have not heard a dickie bird from Halifax or it's legal dept in respect of mine and Mr T's claim for bank charges and the stay conditions which catorgorically state it was for the defendant to file at the court within 28 days and file a case summary not more than 500 words. As this has not happened what should I be doing now?

Thanks
Tuttsi xx
Page 1 of Stay
Upon considering the papers filed herein Upon it appearing to the Court that:
(a) a test case has been issued in the High Court between the Office of Fair Trading and certain banks under the title Office of Fair Trading -v- Abbey National PLC and Others (Claim No 2007 Folio 1186) ('the test case'), with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contracts Regulations 1999 and other legislation to such charges
(b) further information in relation to the test case is likely to be available through the website of the Office of Fair Trading at: The Office of Fair Trading: making markets work well for consumers
(c) the issues raised in the test case will affect this claim.
DISTRICT JUDGE STEEL ORDERED that
1. This claim is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision).
2. The Defendant shall within 28 days of the final decision in the test case file at Court and serve on the Claimant:
(a) a case summary of not more than 500 words setting out the effect of that decision;
(b) their proposed directions in this claim.
3. Upon receipt of the documents set out at paragraph 2 of this Order the file be
Page 2
referred to a resident District Judge to consider further directions.
4. Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay.
5. Any party affected by this order may apply to have it set aside, varied or stayed provided that any such application is made to the Court in writing no more than seven days after the date on which this order was served on that party.

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

have you called the court to see if anything has been received?

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

I phoned Barnet County Court and she looked up my case and nothing at all has been heard from Halifax.

She has suggested that as Halifax have not responded to the stay order I should write in requesting further Directions in this matter.

Tuttsi



We have not heard at all from Halifax legal dept in respect of mine and Mr T's claim for bank charges and the stay conditions are the same as the HSBC.

Should I write imediately to the court along the same lines as the letter Mr T has just done on his HSBC court claim to keep the claim alive if I can?

Thanks
Tuttsi xx

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

mmmmm pity the stay order wasn't an unless order really.


If the case isnt going to be struck in their favour then I'd be tempted to leave it sitting there until H'fax make a move or at least until you have a better idea how the cases are going to go from this point forwards. I really think the chances of success are minimal and the risks of costs high. You have to get the legal arguments accepted before you can even start arguing the limitations issues and compound interest issues.

[TUTTSI]

Re: Tuttsi V Halifax ( 18 year claim )

The trouble is without doing anything now there is always the possibility that they will sudenly write and the court could strike it out without reference to us.

I just wanted the court to be aware that the fight is not over?

Tuttsi xx

mmmmm pity the stay order wasn't an unless order really.


If the case isnt going to be struck in their favour then I'd be tempted to leave it sitting there until H'fax make a move or at least until you have a better idea how the cases are going to go from this point forwards. I really think the chances of success are minimal and the risks of costs high. You have to get the legal arguments accepted before you can even start arguing the limitations issues and compound interest issues.

[Amethyst]

Re: Tuttsi V Halifax ( 18 year claim )

well i wouldnt ask for a strike out, the court will give h'fax 7/14/28 days to get directions in and your claims back on a roll - their directions will be strike and you'll have 7/14 etc days to respond (if not an ex parte summary judgment where you'd have to apply to set aside etc thinking application fees) . I havent heard any Abbey or h'fax cases applications to court as yet but will keep my ears/eyes open.

You could, if you were ready with POC's and I havent looked at h'fax specifically for POCs yet so you can be researching that would be helpful, then you could enter directions to allow you to amend claim and them defend that within 14 days etc. be like you enter the 500 word case summary and proposed directions that the court has asked for from the bank so that would avoid fees too.

i'm sure you realise this is all a new area and personally I wouldnt feel happy putting you in a position where you have a date to enter new POCs by or get struck out, or incur further costs from hfax.

Its very difficult to know what to do, it might be an idea, if you can, to wait till second week of feb when we should have more formal opinions and a much better idea on the defences and costs being applied for in case in court over the next couple of weeks.