Re: diamondcats v Abbey

diamondcats · 4th June 2007, 00:26

Hello everyone

I wonder if anyone could help me. I have filed a claim against my bank, Abby, and have just recieved a reply from the courts which I am confused about.

The letter states the following:

"Upon the courts own motion. The court has made this order of its own initiative wothout a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it."

(first of all what does this mean, what happens in each of the three options i.e. to have an application set aside, varied or stayed and how would you go about either of them?????)

The letter then continues as follows:
IT IS ORDERED THAT

"This matter be listed on the 4th of July at 2:00pm to consider striking out the claim as disclosing no reasonable prospect of sucess in the light of the recent decision of Berwick -v- Lloyds TSB 15 May 2007."

My understanding is that the above case was dissmissed from court as the Judge, Judge Cooke from Birmingham, "took the view that the bank charges were legitimate fees for a package of services and not excessive penalty charges" (This Is Money, 2007) and was referring to charges of an overdraft.

My case is not claiming for fees incurred from an overdraft as I did not have one but from Direct Debits. All the charges I want to claim back are of approximately £2200 including interest all of which I was charged over a one year period. I was charged twelve times in one day at £35 per time as they just kept trying and trying repeatedly.
As a result I see my charges as extremely unfair penalties and would like to ask if I can appeal against the District Judge Besford for considering striking out my claim on the grounds of an unrelated claim?

Please answer as soon as you can as I have to reply to the court by tomorrow, my 7 days are over. I would have asked earlier but I have only just found your site

hedgey06 · 4th June 2007, 15:40

Bump

diamondcats · 5th June 2007, 14:51

Hello again

Just to say that I have now had things explained regarding the letter I recieved (must have been having a dizzy day). I simply have to go to court on the date set where the Judge will decide whether my case is worth pursuing.

steven4064 · 5th June 2007, 14:57

Which court is this?

I think you would be wise to do a bit more than just turn up at court and see what the judge decides. He has obviously misunderstood/not read the judgement on the Birmingham case.

You ought to have your own thread - you might get missed here at the tail end of a successful thread.

Steven

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Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site.

steven4064 · 5th June 2007, 17:43

Bump for a mod!!

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site.

Bookworm · 5th June 2007, 18:45

Zootscoot & BF aware.

steven4064 · 5th June 2007, 18:48

Thanks Bookworm - can you contact diamondcats - not responding to PMs

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site.

livelylad · 5th June 2007, 19:01

Thanks for finding this Stephen much appreciated.

Bookworm · 5th June 2007, 19:12

Quote:

Originally Posted by steven4064

Thanks Bookworm - can you contact diamondcats - not responding to PMs

Steven

He/she will get notification by e-mail of the PMs sent, so can't do much more than that, all we can do is wait and hope he/she will log back on soon.

Thanks for finding this, Steven.

Lula · 6th June 2007, 00:44

Can i ask what Bank this is at?

steven4064 · 6th June 2007, 01:06

Quote:

Originally Posted by Lula

Can i ask what Bank this is at?

Abbey Bank (aka Abbey National), the case is at Hull

Steven

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Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site.

Lula · 6th June 2007, 01:13

lol I meant court, its late

steven4064 · 6th June 2007, 01:34

I thought you probably did.

Are you a Hull person too? If so, you need to respond to http://www.consumeractiongroup.co.uk....php?f=12&a=94 as soon as possible

Steven

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability.
Almost everything I know concerning the law I learned from this site.

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