Biff Sis in Law v Abbey (N1)

[Biff1666]

Hi All,
trying to get my Sisinlaw back on track and would welcome some advice regarding the above.

My Sisinlaw used, hand written,standard letters off the GMTV website and didn`t keep a copy.

Q.1. Although she has recieved confirmation of the letters from Abbey, should this go to Court, is a,typed,transcript of the contents of the letters required or even acceptable to the Courts?

In her preliminary and LBA lettter she gave Abbey a total figure and not a breakdown of charges per CAG template letters

Q.2. As Abbey have acknowledged her letters is it acceptable to proceed with the N1 notice or should she back track and send a LBA letter with the list of charges or even a preliminary letter with the same?

In addition,I have now transferd her details to the spread sheet and the total figure she gave was slightly out.

Q.3. Would it cause any problems if an amended figure,with a list of charges was sent out with the N1 notice or, if required, a new LBA letter?


Bit of a mess I know but would welcome any advice as the claim comes to around £4000 and would hate her to screw it up.

TIA

Biff

[Biff1666]

Hi All in the Shabbey Thread,
just about to send N1 Notice on behalf of Sis in Law. Anyone know County Court address in Liverpool.
TIA
Biff
It`s OK we are going to St.Helens now!

[Biff1666]

Hi All,
my Sis in law has numerous "cleared Tranactions" £10.00 on her statements. Can anybody tell me "what they are" and "can she reclaim them?" Just about to send N1 Notice and don`t wish to cock it up!
tia

Biff

[Robdblynd]

Cleared transactions are reclaimable ..... they're when the bank pays a cheque or DD or something while there's not enough money in the account.

[Biff1666]

Thanks Robdblynd,
I can now send the N1 Notice with the original schedule of charges I used for the LBA letter. Did get a bit worried though .
Thanks once again for your help.

Biff

Ps Is it a lab or a cocker

[Robdblynd]

It's a 6 week old Newfoundland

[Biff1666]

Quick update

1. N1 Notice sent 14.07.07

2.Acknowledged by the Court 3.08.07

3.Received a letter from Abbey 7.08.07 informing her Abbey will be asking for stay

4.Received a copy of Abbey 23 point defence 16.08.07
Anyone had a similar defence?

5. Received Notice from court Defence has been filed dated 21.08.07 and enclosing an Allocation questionaire(AQ) to be completed by or before 7.09.07

6. About to send AQ and another £100

Any advice or guidence greatly recieved

Biff

[Biff1666]

Hi All,
sent AQ as directed received a response 18.09.07 from St Helens Court.

_________________________ _______________

UPON reading the papers
IT IS ORDEREEDTHAT

1. The action be stayed untill 31 March 2008 or two months after the OFT case(to be heard in January200 whichever is the sooner

2. Liberty to either to apply on notice

_________________________ _________________

1. Is it worth appling for the stay to be removed?
2. Why do they send an AQ knowing that they are about to stay the action?
3. Just about to send off N1 Notice for two other claims(these are for credit cards) IS IT WORTH IT OR SHOULD I WAIT UNTILL THE OFT DEAL IS DONE, SORRY CASE IS HEARD ?

welcome your views
Biff

[Lula]

if it going to cause financial hardship then that is the best excuse for having a stay lifted although she might have to prove it

[Biff1666]

Thanks Lula,
any answers to the other questions?

Anyone know if St.Helens Court is applying stays on all applications or just when a request is made?

Thanks

Biff

[Biff1666]

Hi All,
Been sitting hear twiddling me thumbs waiting for the judgement when Sis in law received a letter out the blue from shabbey. Being of a suspicious nature when dealing with banks I would welcome any advice or directions (see below)

It’s a copy of a letter sent by shabbey dated, 25.03.2008, to the County Court. It rambles on about the case being stayed in Sep.07 and in the “light of the litigation tacking place in the High Court”(Jan –Feb) etc etc. and goes on about the preliminary legal case before Mr Justice Smith and the “complex legal and factual issues” and “certain preliminary issues were left outstanding” It further goes on

“For these reasons, we respectfully submit that the appropriate mechanism for the resolution of these issues raised in the claim before you remains the OFT proceedings. In the circumstances, and in order to ensure effective case management and consistent and fair treatment of similar cases thought the county Courts, we would respectfully request that the stay on the above claim is extended and that the following made:

“Upon reading the Defendants letter dated the 25 March 2008:

And upon it appearing that the legal principles in the case are the subject of litigation commenced by the Office of Fair Trading against certain banks in the High Court of Justice, Case number 2007, Folio1186 ((“the OFT test case”)

IT IS ORDERED THAT

1. The claim be stayed pending the final determination of the OFT test case, to include any appeal,
2. Permission be given to apply to lift the stay or set aside or vary this order within 7 days of the service of this Order. Any application shall be on notice to all parties and shall be supported by a statement setting put why this claim should proceed before the final determination of the OFT test case.
3. Unless the Court has already given directions, the Claimant may within three months of the final determination of the OFT test case apply to a District Judges sitting at the County Court where the claim is proceeding for direction for the future conduct of this action”

We would ask that this letter be referred to the District judge at the earliest opportunity. We should also be grateful if it were possible for the Court to respond before the expiry date.

Am I right in thinking she can apply for the stay to be lifted and the case heard and should we be concerned with the of the “7 day dead line”?

It’s been a while and I am a bit rusty so any advice would be greatly appreciated

Biff1666

[Biff1666]

Hi all,
recieved letter of shabbey as a result of OFT case(see last post). Would welcome advice
TIA

Biff

[Lula]

What they are asking for is that the case be stayed until not only the Judgement comes in, but any resulting appeals, this could take a few years in all honesty, I am going to ask someone to take a look at this and perhaps formulate a reply.

Personally, I think that the judge might grant it, but I think that we should be able to ask the judge to only grant a stay until the judgement comes in and not to take into account any appeals.

[Lula]

oh, and 7 days of the order is only if the judge grants it, not 7 days from now

[Biff1666]

Hi Lula,
nice to hear from you again,thanks for the response I was getting a bit worried.
I wouldn`t be suprised if we get a few more post from shabbey customers comming in. Sis in laws surname comes early in the alaphabet so she might be one of the first.
I may be wrong but are they trying to pull a fast one with the 7 day deadline?

Thanks once again

ps previous post answered my question

Biff

[Lula]

no it is a standard thing in an order, but doesnt apply till the order is actually given out as a court order and only then if the the Judge wants it, nothing at this juncture is certain, perhaps a counter order would be better, but that is what I am hoping that Gary will come and look at

[m3lavo]

Alrite Biff

Im going thru st helens court as well. Im really at a loss at the mo to whats happenin. A stay has been placed on the case. I havent rec anything from Abbey like the letter you got. Not sure what the hells happenin