Abbey Court Hearings - Important info

[determindator]

Thank you for your reply. It gives food for thought to anyone in the 65% position, and something to chew on.

[ohoh4312]

Hi GaryH

When you get a moment, could you please have a look at my court order for a stay:

http://www.consumeractiongroup.co.uk...t-1161455.html

I apologise for the expletives(!) in the post, but I was a bit miffed!

My main questions are:

Can I apply for a time limit to be put on the stay, as per other orders I have seen, or is this pointless insofar as the stay will just be extended until a final judgement is given?

And what does point 5 of the order mean? Is it just a typo, ie not meant to be there, or does it hold a more sinister meaning? Or maybe it means I can apply for costs because they dragged me to court on the 21st having already written the directions the day before!!!

Any input would be greatly appreciated.

Thanks

Jo xx

	Find a bargain - misspellt eBay listings Search eBay for misspellt words. eBay items which are listed with typos in the title can be unnoticed by eBay buyers. Follow this link to ConsumerSniper.com and use our misspelled words search engine to find hidden eBay bargains

[determindator]

Hello Gary when you are on thread,

I send this message on here instead of a pvte msg so others can see if it can help them. I requested my stay and faxed over 12th Sept. Ive made enquiries over the last 10 days to get an update. I rang this morn and as the clerks have mentioned in previous phone calls, there should have been a response by now, but it all depends on how quickly the Judge goes through his file. I have assertained my request is in his pile of 'to do'. Do you know if there is a time limit on how long the Judge can take before giving me an answer? If the stay is lifted can Abbey keep requesting stays so we are in a vicious cycle. Can that cycle be broken by a particular order from a Judge?

Many thanks

Determind

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[determindator]

Just a thought, if the charges are found to be unlawful, if anyone has accepted any offers of goodwill hopefully you can pursue another case for the interest which has been denied to you because they took your money unlawfully. Not pursued as in a Judge awarding interest, but that you have been out of pocket because of the Bank's actions.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[GaryH]

Originally Posted by determindator

I requested my stay and faxed over 12th Sept.

What exactly have you requested?

Do you know if there is a time limit on how long the Judge can take before giving me an answer?

No. Courts run at their own speed I'm afraid - which in some instances can be infuriatingly slow!

If the stay is lifted can an Abbey keep requesting stays so we are in a vicious cycle.

If the stay is lifted at a hearing with both parties present then they cannot then simply apply again for the stay to be re-instated, they would have to appeal to a higher judge. This would be unlikely IMO.

Originally Posted by determindator

Just a thought, if the charges are found to be unlawful, if anyone has accepted any offers of goodwill hopefully you can pursue another case for the interest which has been denied to you because they took your money unlawfully. Not pursued as in a Judge awarding interest, but that you have been out of pocket because of the Bank's actions.

As in the 8% County Courts Act interest? No. See the answer above - once you accept an offer you are accepting it as full and final settlement.

There may be grounds for a seperate restitutionary claim for the 'time value' of the money - I.e the benefit of the funds gained by the bank whilst in its wrongful possesion - which would be measured in compound interest. However even in this instance you may still be barred by the fact you have already accepted a F&F settlement, I'm not entirely sure.

	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.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[determindator]

Many thanks Gary. In reply to your question as to the type of stay request sent, I refer to your reply in 'Abbey Court Hearings Important info' post 39 11/9. You linked me to 'Application for removal of a stay' updated to account for the OFT Test case. It would be recd by the Court as a letter request and not attached to any N form and no fee. I decided I was not handing over any more hard earned cash to the system.

Determind

	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.

[determindator]

Hi Gary when you are on thread,

I have spoken to Court this morn and very helpful clerk will look in Judges tray to see where I am and call me. I mentioned CPR 18 was not answered by Abbey as well. When I sent in my request for a stay I also attached evidence of the charges causing financial problems so that may assist me.

D

[determindator]

It seems another Judge is in the chamber the clerk needs to get into. She cannot get to the in tray until Monday and will call me when she does.

Determind

[dburrell55]

Hi Garry,
I have spent the afternoon preparing an order to remove the stay on my case, but after talking to the Cambridge court I get the impression that it is very unlikely to happen especially as I dont have any particular hardship issues (apart from the SHABBY HAVING OVER £4,000 OF MINE FROM CHARGES). The initial cost has gone up to £40, has there been any succsesses or is it going to be more money into the black hole which is opening up?????

Thanks for your time
Darren

	Hardship By and large the "harship" provision in the FSA waiver is a myth which is intended to create a sense that the banking industry is sufficiently well-intentioned to act fairly towards its customers even though their right of access to the courts has been blocked. In fact there are very few guidelines as to procedure and very little definition of "hardship". One unfortunate spin off is that many people in difficulty get their hopes up and go to considerable lengths to plead hardship to their bank in order to get a refund or partial refund of their bank charges only to be refused. Neither the courts nor the FOS have the power to order a bank to make a charges refund on the basis of hardship. We hear of some people obtaining a partial refund quite easily. Others have obtained money by being very persistent - but mostly we hear that people are refused. Even benefits claimants do not automatically receive hardship refunds. By all means try to get a bank charges refund on the basis of hardship - but don't bank on it!

[determindator]

Hi Guys,

We are in the process of organising a meet the thread is Xmas meet in London 24th November

hope to hear from you

D

[amsckt99]

Hi all

On 9th Oct this year I attended Bury county court in relation to my application to remove the stay impsoed by the courts.

THE DISTRICT JUDGE KINDLY REMOVED THE STAY ON THIS OCCASION AND SET A HEARING DATE for 7th January 2007.

Today I have recieved a copy of an appl;ication by Abbey to have the removal of the stay overturned which they have sent to the court with a solicitors witness statement referring to the OFT case.

The court to date have not contacted me as yet, only abbey who sent me the paperwork.

ANY ADVICE GLADLY WELCOMED

	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

[GaryH]

Was the application for leave to appeal? Did Abbey turn up at the first hearing?

Can I see the witness statement please? either post it up here or otherwise send to gary.h@consumeractiongrou p.co.uk

[amsckt99]

Hi Gary

I have sent you via email the documents sent to me via Abbey

Thanks for your support

[amsckt99]

Hi Gary

Abbey did not turn up at the removal of stay application hearing. The district judge appeares non to pleased that they did not even submit any objections.

I have tried to negotiate with Abbey as per the DJ advice, but instead they sent me info about them re-applying to have the stay put back

[amsckt99]

I have now recieved the info from the court regarding the application from Abbey to have the court re-apply the stay that was removed by the DJ. The hearing date for the application is now 3rd Jan and the hearing for the case itself is the 8th Jan

PLEASE CAN ANYONE ADVISE?:o

[abroadgirl]

hi everyone upon reading this thread i am wondering if i should have any paperwork from abbey my court date is 8th jan at 2pm and i have had nothing from abbey should i have had any paperwork from them or not? tyvm for your help
i have a thread abroadgirl v abbey your all welcome to look if it helps
hugs
abg

[chrisp50]

Hi guys I wonder if any one can helpme out, 6 months ago i appeled my stay on my case, I lost, then i recived a letter from the court stating my case will be stayed till 15th feb 2008. As that date is approaching soon, What do i do? Help please???

[determindator]

Hi there,

I'm sure an expert will come on site soon in reply to your question but give the Court a ring Monday using the number and details on the form you have just recd.They will be able to answer your questions, i.e is their a Court date for a hearing for your case.

D