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  1. Has anyone been successful in lifting the stay with Abbey yet? I have a hearing next week. Aoife
  2. Gary Thanks so much for this. Deadline for sending was today and i have just done that. Just one question though. Your para on dropping Para 5 from the claim. Would this affect my claim for contractual interest? Cheers Aoife
  3. Just heard from court that they are stopping the hearings pending the test case. Does anyone know what the general advice is re Abbey and making an application to ask the judge to decide if it can go ahead. Does anyone have experience of the Guildford judge Reid? Help
  4. Aoife

    GOGW confusion

    I've just dug out the letter and checked it says:- "I'm happy to refund £xxxx which includes charges yet to be debited from your account." These future charges are the ones not included.
  5. Clarion, firstly well done. I have got a bulk hearing at Guildford also and now I know what to "look forward" to. Sounds absolutely ghastly. Could I just ask you if you claimed contractual interest. I am wondering whether the judge at your hearing would have struck out cases if CI involved. Well done again, Aoife.
  6. Aoife

    GOGW confusion

    Thanks for this I will have a look. But I forgot to mention. Abbey refunded miscellaneous charges of a certain amount and then also some specific charges that I had not included in my claim (ie most recent ones). Therefore should i only tell the court to consider taking a partial amount off my claim? Aoife
  7. Aoife

    GOGW confusion

    Hi Does anybody know whether you have to inform the court of a GOGW. I've seen some posts that say not. Abbey deposited a GOGW before i started my claim, so I put on my LBA that I did not accept this as settlement and they could remove it any time. Or they could forward balance. They did nothing and I went on with claim for full amount. Now it is quite some time later and I have withdrawn the GOGW money. My question is :- Do I have to inform the court of this or not? Although it was not offered as a final settlement I did say they could take it back out. However, they cannot do that now as I have spent it....!!! Appreciate any advice on this. Many thanks Aoife
  8. Quick question for GaryH...... Abbey has filed defence and I wish to send abuse orders stuff to court - is it worth asking for my claim to be sent to Small Claims Court when it is for more than £10k. Could I request disclosure be required (in whichever court) without asking for small claims court? I would appreciate your help. Also i want to refer to the cases of mariejader and KellyJ, would a simple para giving the case nos be sufficient:- All the best Aoife
  9. Hi Elisedriver, thanks just read yours and yes mine is identical. Aoife
  10. Also, while i think of it does anybody have T&Cs for abbey for 1996? I know a pool is being collected but i can't see any mention of Abbey. Aoife
  11. Zootscoot Just to let you know after including limitations act in my POC as per your suggestion. Abbey's defence makes no reference to pre-six years at all. Regards Aoife
  12. Thank you James33, that has put my mind at rest. I thought it might be a new thing. Many thanks Aoife
  13. Abbey has filed its defence, looks pretty standard - no mention of the Lloyds case but can someone tell me if this paragraph is normal:- "Further or in the alternative even if teh said fees are not proportionate to teh defendan's adm expenses incurred (which is denied) the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entiteld to claim repayment of the full amount of each charge made to the account." Cheers Aoife
  14. If my claim is for >£10k then it is most probably going to fast track I presume. Does this mean they will ask for disclosure anyway and that I don't have to ask for it in the directions Gary has posted???? Any ideas. Aoife
  15. Hi Gary H Can you tell me if I should still use the last para Sec 2 of the case management reps above if my claim if >£10. Thanks Aoife
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