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newbody

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  1. ok after todays hearing my case has been on hold scince 17th july 2007 when i attended a case hearing at southend court and they were told to pay up in 28 days or we would be attending a full case unfortunatley the stay came into effect before the time span run out . so with todays decison rang the court to ask for my case to re reactivted and move forward to which i was informed all cases are still stayed and will be until the judge has recevied further directions as to what to do from more senior judges. wheni tried to push the point of would that mean the case could be dissmissed she wouldnt allow herself to be forced into making an assertion in either direction. now my questions are these 1) if the case is dismissed by the judge out of hand what course of action is it i need to take to get my case back instated or is it a case of starting again 2) was todays judgement actually on the right/jurisdiction of OFT being able to investigate the charges for fairness not wheather the charges are a fair costasper liquidated damages
  2. Well not posted for a long time fed up of all this now to be honest but still log in from time to time to see what happening i am one of those who was due to be paid in july 07 and then got stayed so to make sure i am upto date on all the different happenings 1) andrew smith ruled current charges not penalties but are subject to ucctr 2) banks appealed 3) andrew smith then went on to rule that historical terms are generally subject to ucctr and not penalties (Except for a couple of banks) 4)banks appeal on current terms conditons was heard beggining of feb in appeal courts and they lost and basically refused right to appeal to house of lords 5)Banks requested to house of lords for right to appeal their right for an Appeal in the house of lords 6) this was granted and they now have until 15th april 2009 to have submissions into the house of lords for why they have the right to appeal 7)meantime the OFT have to employ more than one person half a day a week :lol: to now actually try and summatize what a fair charge would be for the banks to charge in these matters (and to alieviate the pressure on this poor person are reducing it down to just 3 of the banks infarstructure Question on point 3 as all my charges will come under historical terms due to the miracuriously coincidental JULY 07 rewrite of TOC's has this point been appealed by the banks if so what is the state of play and what are the next dates to watch out for in this part of the saga not trying to be smart mouthed or anything else In 06 when i started my claims i was very read up on here and other places for what was going on now i struggle to just keep abreast of what our next delay date is to be and exactly what the state of play is Thank you in advance for any responses to my post
  3. just read through some of judgement from justice smith and the bit i found funny was this amazing how the terms and conditions being used in the test case happened to be the ones released as cases went to stays and the OFT TEST CASE WAS ANNOUNCED as abbeys is near enough a complete re-write of what i was up until then
  4. was just checking out abbeys terms and conditions but as they havent changed them think i going to have to let the Stay go Was looking at maybe asking for it to be lifted if abbey had changed terms and conditions as they have shut my account so the oft case on new charging regime wouldnt be applicable to me as my account wasnt subject to new terms and conditions but they not changed them so cant do that one
  5. Probably become more active in 11 days when the 28 days Abbey were given are up
  6. like most from 17th would have expected to hear something but as havent awaiting the 28 days to run out and hope dudley sends it to trial and not a stay also dunno if anyone else got it but looks like abbey are changing terms and conditions got some in post this morning not read properly but looks like a different charging tarrif
  7. i'll bow you to judgement then GARYH it is the way i read it from the documentation i have read that it wasnt actually excluded but was viable if the parties in question would use compund interest in their daily bussiness then as such it is equitable for such to be used in our claims
  8. but alongside I think would go along way in showing that we should be awarded CI and not Simple interest
  9. the trouble is the claims settled prior were not by the courts decree but by way of goodwill i believe in which case no precedent is set as has now happened against CI under M&R but you can still argue for COMPOUNDED INTEREST in the stat 8% as Sec 69 does not rule it out as a possibility that small claims can award compound over simple interest even at 8% it can make a small difference
  10. Sorry couldnt help on this but there was some who didnt show but we wernt privy to why or if they had informed the courts prior to the event all i can say is that by sending the courts a letter stating that this is inconvieniant due to a holiday i am sure will suffice which is what you are doing so all the best with your claim
  11. Abbeys brief saying not having schedule charges is just another delay tatic their way of getting out of why it not settled yet as to what to take/do 1 Take a copy of statements and a schedule of charges(speadsheet) correct as of court date so when they say we not recieved them you can physically hand them over in the prescence of the judge 2 Make sure you understand the basic principle of why you are entitled to the charges back UTCCR-SOGA if not confident to quote/argue it write it on a sheet of paper and take it with you (from my experience yesterday this bit wasnt needed as it was taken for granted) 3 nothing else unless you have tried claiming for anything other than charges then take along things to help you argue your point on this 4 for your own peace of mind take along a folder with all correspondce that you have had with abbey in regards this but you wont need it Believe it is not as scary as you think Judge Dudley is a nice Gentleman (even if he didnt let me have my own way on CI but didnt expect to get that after recent events) and it is a very relaxed atmosphere
  12. aint it just but at least had ago would have been more peeved if i hadnt had tried and it turnt out to be successful still such is life and at least still looks like getting charges back which is what i was primairly after the rest was a bonus so means only 2 week in folrida instaed of a year lol And well done Voyager
  13. Mine was intact and it was at the allocation/case management hearing where judge dudley ruled out the CI element under M&R F&B so unfortunatley it wont get to a full hearing on that part
  14. M&R is dead read new way's for CI is being discussed here CI: mutuality is dead - long live unjust enrichment and here http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/97691-contractual-interest-precedent-lost-new-post.html
  15. 28 days to pay or goes to trial judge reckons should be settled by then
  16. wasnt a surprise to me either but as case had been geared to it had to continue through with it
  17. Can definetley claim CI at unauthorised rate under M&R F&B is definetley dead The CI element of my claim was thrown out today on that argument as the Judge put it the term is not in the contract so you cannot do it to them but they can to you as it is in the contract
  18. hi one and all finally home at last gotta love the train system heres how allocation/case management went in to see judge judge abbeys position on Newbodys case slightly different we would like the CI 28.7% element thrown out now as Newbody has applied for it under Mutuality and Recipitory/ Fairness and Balance etc Judge asked my opinion tried to use utccr as argument no Go Judge explained as it is not in contract you have not a leg to stand on under this Argument Point to abbey Asked abbey in regards Settlement You guessed no schedule charges Showed judge 4 copies that have been passed onto abbey from myself to abbey and he also pointed out he also has 2 copies of it himself Point me On compound interest instead of Simple interest on sec 69 8% argue it out at trial if it comes to that Draw final result Abbey told to settle in 28 days or we off to trial My thoughts the Judge is a nice chap on our side I believe but think he is fed up hearing the same thing time and time again and just wants to see a test case bought to end it all So here's to the 28 days and hopefully settlement for us all if not see some of you again in 28 days time
  19. YEah i had read that post before going but unfortunatley had geared my N1 and AQ back in march april for the M&R F&B arguments i too had Sec 69 as my alternative and i can not say for definite but i think this helped the judge in dismissing my claim for CI As i think from what was said he saw it as chancing my arm for the 28.7% but knowing that i am only really entitled to 8% so was a bit l8 in the day for me on this one but at least still have the hope of maybe getting the sec 69 compounded
  20. hi one and all finally home at last gotta love the train system well as most said was a pretty uneventful day ok my case in to see judge judge abbeys position on Newbodys case slightly different we would like the CI 28.7% element thrown out now as Newbody has applied for it under Mutuality and Recipitory/ Fairness and Balance etc Judge asked my opinion tried to use utccr as argument no Go Judge explained as it is not in contract you have not a leg to stand on under this Argument Point to abbey Asked abbey in regards Settlement You guessed no schedule charges Showed judge 4 copies that have been passed onto abbey from myself to abbey and he also pointed out he also has 2 copies of it himself Point me On compound interest instead of Simple interest on sec 69 8% argue it out at trial if it comes to that Draw final result Abbey told to settle in 28 days or we off to trial My thoughts the Judge is a nice chap on our side I believe but think he is fed up hearing the same thing time and time again and just wants to see a test case bought ot end it all So here's to the 28 days and hopefully settlement for us all if not see some of you again in 28 days time
  21. hello again mrs newbody here newbody just phoned any1 who hasnt left yet bring copy of statements and list of charges ie spreadsheet as abbey solicitor claiming not recieved paperwork and if u want proof u sent it
  22. this is newbs missus he phoned he now there hes the idiot in shirt trousers and denim jacket and good luck every1 from me
  23. Thank you and off to catch a train to southend i go
  24. well paper work in order for the morning i hope here we go see you all the morrow
  25. link to sale of goods act Supply of Goods and Services Act 1982
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