Can I win my case against Bank by default?

[degeneratecrew]

Hi all,

I'm a newbie on this site, and really hoping someone could give me some advice...

Basically, as with everyone else, my court case to reclaim bank charges was stayed, and the stay was withheld even when I applied to my local County Court for it to be lifted owing to hardship issues.

However, the stay issued by the Court states that:
+++++++++++++++++++++++++ +++++++++++++++++++++++++ ++++

1. The claim is stayed until the final decision in the case between the Office of Fair Trading and Abbey National plc and others (Claim No: 2007 Folio No. 1186), including any appeal ("the test case").

2. Within 14 days of the final decision in the test case, the Defendent must file and serve the following:

a) a case summary of not more than 500 words setting out the effect of that decision.
b) Suggested directions for this claim.

3. On receipt of the documents from the Defendant, the court will make further directions.

4. Either party may apply at any time for the stay to be lifted.

+++++++++++++++++++++++++ +++++++++++++++++++++++++ ++++

Does anyone know, as more than 14 days have lapsed since the outcome, can I request judgement by default, and if so, would I use form N225 / N227 or just write into the Court? Or do I sit tight for the mo?

Additionally, if claims are struck out by the Courts, do we get our court fee back?

Any help appreciated.

Thanks )

[Amethyst]

Re: Can I win my case against Bank by default?

I would sit tight for the moment, give the court a call and ask what the position on your claim is explaining the directions you have, then let us know.

Otherwise I would be happy to keep it stayed until at least the OFT announcement at the end of this month.

If you apply for default judgment you risk the bank applying to set that judgment aside and possibly applying to strike the claim out which would be more cost and stress to you.

From an overall point of view it will be interesting what the banks ask for when these 500 word summarys start being entered.

Ame
xx

[degeneratecrew]

can I request Judgement by Default on stayed Bank case?

Hi all,

I'm a newbie on this site, and really hoping someone could give me some advice... (and apologise for posting this twice - I think I'm in the correct forum now... yep, typical newb!)

Basically, as with everyone else, my court case to reclaim bank charges was stayed, and the stay was withheld even when I applied to my local County Court for it to be lifted owing to hardship issues.

However, the stay issued by the Court states that:
+++++++++++++++++++++++++ +++++++++++++++++++++++++ ++++

1. The claim is stayed until the final decision in the case between the Office of Fair Trading and Abbey National plc and others (Claim No: 2007 Folio No. 1186), including any appeal ("the test case").

2. Within 14 days of the final decision in the test case, the Defendent must file and serve the following:

a) a case summary of not more than 500 words setting out the effect of that decision.
b) Suggested directions for this claim.

3. On receipt of the documents from the Defendant, the court will make further directions.

4. Either party may apply at any time for the stay to be lifted.

+++++++++++++++++++++++++ +++++++++++++++++++++++++ ++++

Does anyone know, as more than 14 days have lapsed since the outcome, can I request judgement by default, and if so, would I use form N225 / N227 or just write into the Court? Or do I sit tight for the mo?

Additionally, if claims are struck out by the Courts, do we get our court fee back?

Any help appreciated.

Thanks :reindeer:

[Amy]

Re: can I request Judgement by Default on stayed Bank case?

No, you cannot go for a default judgment as your case has not yet been heard or timescales not adhered to.

Did you file your case summary as directed by the court?

[Amethyst]

Re: can I request Judgement by Default on stayed Bank case?

ooo repeat thread - will merge the two.

the case summary was for the defendant (the bank) to submit.

I would sit tight for the moment, give the court a call and ask what the position on your claim is explaining the directions you have, then let us know.

Otherwise I would be happy to keep it stayed until at least the OFT announcement at the end of this month.

If you apply for default judgment you risk the bank applying to set that judgment aside and possibly applying to strike the claim out which would be more cost and stress to you.

From an overall point of view it will be interesting what the banks ask for when these 500 word summarys start being entered.

Ame
xx
____________

[degeneratecrew]

Re: Can I win my case against Bank by default?

I did telephone the Court earlier and the Clerk I spoke to did say that Lawyers were being quite sneaky in asking multiple cases to be just struck off, so if I did want to make noise, best to do it soon! I think I'll call him back on Monday and see what else he can add.

Thanks everyone