Abbey's new "no breach" defence

[lucyk]

hi... i am tryin to personalise the application to have stay removed/set aside... can anyone pls tell me whether i need to attach a witness statement. n.. where i might find a template one??..

gotta to get this in b4 31st.. so pls help..

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[BANKAVENGER]

Hi Everyone,

Just rang the court this morning they have stayed my case Grrr!!!!!! Can i still go to strike out the defence?

How annoying the court said it wont be lifted til early next year!!!!!

I hate banks!!!!!!

Can someone please advise me of what to do next.

Thanks
Claire

[Sue Loftus]

Hi Gary

Applications to strike out - do the Abbey generally aim to settle if you file one of these? I have filed one and it is going to be heard at the same time as my hearing in September. That Inga woman at Ashursts doesn't seem interested in settling and I've had the standard letter regarding claims being stayed. So far my Court haven't received an application to stay. Just wondered if you might know the state of play seeing as I'm getting myself into a bit of a nervous mess here!

Cheers

Sue

[12thdomino]

Oh, I am really thinking of throwing the towel in, I am so confused

Last week I got two letters from the Abbey saying that they were appling for a stay, now I have a copy of a standard defence

If I ask for it to be struck out, as per the template on the first posting what evidence do I need?

Do I mention that the terms and conditions are not due to come into force until Sept

My head is exploding

[12thdomino]

Hi

Someone couldn't give me a copy of the old defence please - without any names etc

Then I could include it as an exhibit

[Redrob]

Originally Posted by 12thdomino

Hi

Someone couldn't give me a copy of the old defence please - without any names etc

Then I could include it as an exhibit

PM me with your E-mail address and I will send you the copy I have.

[GaryH]

Has anyone used the new part 18 yet?

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[chuck2001]

I too have recieved the new defence and a couple of days later a letter from the court ordering a stay.

Has anyone yet had any success in the removal of a stay?

Chuck

[abroadgirl]

i have filled in my n244 along with letters for the judge and bbc statement and banking rules dss i have now seen a new copy of cpr 18 so what do i do do i just print it and send as i dont understand what i have to put in it thvm for any help
abg

[abroadgirl]

i have filled in my n244 along with letters for the judge and bbc statement and banking rules dss i have now seen a new copy of cpr 18 so what do i do do i just print it and send as i dont understand what i have to put in it thvm for any help
abg

[Redrob]

I called the court yesterday to check up on my N244 application. She said it would probably be another couple of weeks. I was told 2 weeks when I filed a month ago so don't really know how reliable this estimate is. Got the usual story about backlogs and lack of Judges.

[Night Owl]

Hi all,
please can someone advise on my claim against Abbey.

http://www.consumeractiongroup.co.uk...ey-stayed.html
and
Night Owl -v- Abbey

Received a stay now just got their defence, it's the new defence.
Court saying it will cost £65 for objection of stay N244 with hearing, she said £35 without hearing will be dismissed.
My local court is Gloucester.
Do I try CPR Part 18?

Thank you.

Unhappy
Night Owl

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	What are your rights at work Follow this link to read the review of the Guide to your Rights at work, published by Lawpack

[GaryH]

Once a stay has been ordered the only action you can take is to apply to lift it - so that precludes you from issuing a p18, unfortunately.

I'll pop over and have a look at your thread now....

[lucyk]

Hi, does anyone know if there is any course of action that can be taken after a stay has been not lifted -ie been to court to try to have it lifted but unsuccessfully - do I have any right of appeal?

[GaryH]

Yes you do, if you seek leave within 21 days of the hearing - but its not at all advisable IMO. The chances of success are low and if unsuccessful you would be liable for costs.

[MissPhonic]

Hi,

I recieved the new defence, signed by Willem Basson, typed up in full in my thread (link below). #67.

In all honesty, I'm feeling very overwhelmed by all of this. I'm reading and re-reading everything but find alot of it hard to understand!

I received the standard 'We will apply for a stay / OFT test case' letter today, still not heard from the court yet though.

Would someone mind looking at my thread and advising me of my options please. MissPhonic v Abbey

Thank you in advance!

Vicki

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[Redrob]

It's now 2 months since I applied to have the defence thrown out, but I haven't heard anything about it yet. And now today I have received a letter saying my case has been stayed. Should they not have ruled on my N244 first?

[abroadgirl]

hello its abroadgirl here i am not sure if i am in the right thread sorry if i am
the only defence i have got is when they sent there defence to the court and i got a copy it seems there defence says the same as everyone else's
but as im in court with abbey is there another defence or any papers i should have got from abbey?
as it is all getting confusing now for me
i am in court on the 8th jany at 2pm
thvm for any help you can give
hugs
happy new year
abg

[GaryH]

In light of the recent High Court judgment on the issue of whether historic terms can amount to penalties, anyone who has applied to strike out an Abbey defence on the basis discribed above is advised to withdraw the application; either now or immediately after the stay is lifted. A simple letter to the court will do stating that the cliamant's application dated xx/xx/xx is hereby withdrawn.

For anyone who doesn't know, the High Court have found that even despite the clear wording of the terms, Abbeys charges do not in fact arise from breach of contract. Therefore they cannot amount to a penalty at common law.

This however certainly does not mean that they are not unlawful - the issue of whether they are unfair under the Unfair Terms in Consumer Contracts Regulations is still to be decided and is likely to run into next year.

[Lula]

Wotcha!!! I cannot even remember if I did that, would it have been done with the AQ?