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adam1976brown

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About adam1976brown

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  1. just looked at my online credit report and it seems abbey have defualted our account.. after countless letters and them agreeing to wait till conclusion of our case they have now defualted me and the wife... what is the next step now... twice it has been handed back by the debt collectors cause they did not know the situation of our account and even apologised.. but it seems abbey are now just being unresonable... any help will be great....
  2. my judge said it is not upto us the understand all the legal jargon.. just what is important to us.... what the charges were and were they fair... the rest is just a referebce for the judge to see what has happened in the past... the most important things in the CB is ur statements add up and u present it well.... happy printing....
  3. just caught this link on bbc website.... BBC NEWS | Business | OFT may compromise on bank fees well well well... it seems the banbks have been playing sneaky sneaky with the OFT... is it the end for us all????
  4. great news.... if u need any help on the CB just pm me... here is the index i used... all the transcripts or articles can be found on this website... the rest is all ur paperwork INDEX The Claim: Timeline of Claim: Correspondence With Regards To Claim: Bank Statements: Schedule Of Charges: Interest Calculator: Statement Of Evidence: Terms and Conditions 1998 and 2007: Relevant Case Law To Penalty Charges: Early Day Motion From House Of Parliament: OFT Summary On Credit Cards: Transcript Of Interview With Peter McNamara, Former Head Of Personal Banking At Lloyds TSB: Excerpt From Report Into Penalty Fees Charged By Australian Banks: Dunlop Pneumatic Tyre Co. Ltd v. New Garage and Motor Co. Ltd: Unfair Contract Terms Act 1977: The Unfair Terms in Consumer Contracts Regulations 1999: Supply of Goods and Services Act 1982: Claim for Contractual Interest: good luck and just call if u need help
  5. it says at the bottom of your directions 14 days prior to the allocated hearing date , the claimaint and defendant shall file and serve : a)copies of all documents (including experts reports on which he /it intends to rely at the hearing. b) Any witness statements must be included in the documents filed and served.and: c) any copies of decided cases and other legal materials to be relied upon. this is what is described as a court bundle. now the one good thing is it is very unlikley , as it happened in my case, that abbey would not of sent a court bundle to the court. their reason was that the test case was announced before the deadline for the court bundle and therefore no point in sending one as they were applying for a stay. in my case the judge got a bit annoyed with abbey because if i bothered why not them. a direction is for both sides regardless if a stay is being requested. the judge said what happens if i dont grant one where is ur defence. but he did , reluctently, due to the defence case. you could phone the court and ask them if you could get it to them tommorow. this would give you today to get one done. it takes some work but i can send you a index of a court bundle and items to be included. all you need is a printer ( with lots of ink) bout 500 pages of paper and 3 ring binders... we r here to help... but i do feel the first option will be the best. abbey should of sent out an application for a stay, but like me i think u have slipped through the net and all that will happen is u will go to court and a stay will be granted... where is ur court. if it is in or around the london, surrey etc area it might be the barrister i had. he was sent out from london by abbey, he is a bit wet behind the ears ( only been in the job a few months ) but a nice guy... good luck and get on the phone to the courts now.. if u need a CB pm me and i will endever to help.....
  6. well i am back and i am not any richer..... i will explain how the day went..... got to court nice and early and went to see the usher.... she told me it should only take 5 mins as all cases were bening now stayed. strange as i phoned yesterday and she said it was on a case by case scenario. then a young chap turned up and was pointed over to my direction. he turned out to be a barrister from abbey.... he sat down and said he was here to apply for a stay.. he started to explain that was a test case going on and all cases were being stayed ( really i must of missed that one LOL ). i asked why i had not recieved nothing from them for months and why not. his response was that cause there was now a test case abbey does not need to send anything in... infact the only paperwork he had of mine was rolled up like a newspaper and held with an elastic band, very well presented. the judge came out and went into another room. the usher said he needed some directions on how to proceed with this case... strange its not like he has not done one before... anyway in we went and did the normal intro's.. and then it started.. the first thing he said was how sorry i have wasted my time coming here and then turned to abbey and sked them why r we here.. to apply for a stay was the response... but the judge asked why this could not of been doen by post.. a great response followed " i dont know sir i was told just to come here and ask for a stay" priceless... send the teaboy to do the dirty work..the judge also said he was not happy that abbey still did not follow the directions given regardless if there is a test case..he also noticed abbeys paperwork on my case and his face was great. a look of disgust came across it.... anyway the judge explained that a stay would be granted of his back not abbeys, until febuary , as it is goijng on in a higher court and just being a lonely old magistrate judge its not in his powers to try to fight it on the basis if i won and the test case went in favour of the banks i then have to repay it back. kinda off nice i thought. a bit of legal talk and asked if there were any questions. a sheepish no from abbey and i asked if it was worth trying to fight the stay. the judge said he could not offer legal advice but worded it in a way by saying come the end of the test case the banks will be out of pocket ( i think he has some inside info). then he looked at me and told me why he went out earlier to enquire bout the handling of this case. he said , and i am not being big headed, with all the cases he has sat on with bank claims he has not seen a court bundle well presented and correctly stated. he looked at abbey and then said to me on this court bundle i would of won all my money back and costs cause it looked like i took the time to work on my claim, unlike some he has seen that were a few pages. these were only won by a settlment outside. so in a way i feel good on that part cause i was so worried i had missed something. he also said claimants need not know the ins and outs of CB's as we r only normal people and not legal reps. so in short no money for me untill Febuary when the test case should be sorted. but what happens if it is not by feb what happens with the stays?????
  7. the cheeky monkeys.... i am in the same boat as u... i have a case 2morrow and as of yet abbey have sent nothing.... hopefully the judge will see this and will look upon abbey with slight contempt... imagine if we just turned up and asked for a stay... would we get... i doubt it....
  8. just spoken to aldershot court due to my case being held tomorrow... as upto now nothing has been recieved by the courts from abbey... i also asked if there will be anyone else in court at the same time and the answer was NO!!!!!! v v v v v very nervous now... in a way i am glad cause i am the only one on the day against abbey.. so there will be no mass stay from them.. infact i doubt they will even turn up..... which i hope will mean i can put my case across one to one better then if it was a case of picking a number and waiting inline to talk... i have printed of some pointers and questions i need to ask the judge and abbey ( if they r there) and also the usual things like why i should get my money back and the CI as well.... i have printed off some paperwork off incase they apply for a stay ( the judge is working on a case by case process so he/she is not doing blanket stays) and also made a list of things abbey should of done and they have not.... i think i am ready but some good old slap on the backs good wishes and some Winston Churchill stirring words of encouragement are needed.... fingers crossed.....
  9. when u got ur AQ from the court did the covering letter state the date it had to be sent back by... under that it should have said " you must comlete the enclosed allocation questionnaire on or before XXXXX and return it with, where the claim is over £1500, the court fee of £100 to ( ur court) if the claim is for under £1500 dont worry.. give them a call and tell them... if it is over and it has not been stated on ur letter then tell them that aswell.....
  10. dont be disheartened james... keep ur side of the order and let abbey dig themselves a grave.....i spoke to my court today and was told if they had not recieved a stay by now then it would have to be on the day... if abbey have not sent anything in upto then then the judge will not look upon this lightly.... print off the argument for a stay to be denied and take it with u on the day.... u both have to agree to the stay unless the judge grants the stay of his own back... due to the backlog this would be unlikely.... abbey will turn up and state to the judge they have not kept their side of the direction order and this is a breach of the order....this will all go in ur favour.... then hopefully the judge will jump all over abbey.... dont worry... stay positive and it will all go okay...
  11. just spoken to Aldershot & Farnham county court and they have recieved all my CB for my case next tuesday.... but the good news is they have not recieved nothing from abbey... their cut off date was 21st august...the lady at thye court said the case will go ahead and it is unlikely now i will have it stayed... abbey could try to have it stayed on the day but due to them not filling the CB it will most likely not be granted.... YIPEEEEEEEEEEE!!!!!!!!! now what do i do on the day... i have printed off the paperwork incase they try to have it stayed but what do i do with regards to them not filling the CB... do i try to get abbey struck out and if so what do i need to do??? So in short Aldershot court is still have claims heard and is based on case to case situations......
  12. well i have come back from my lovely holiday in cyprus and i was dreading coming back to a letter from abbey or the court saying there was a stay on the account.. but nothing... now the cut of date for the court bundle was the 21st august... i presume i should of recieved something from abbey, in the form of their court bundle???? so what now... court date is next next tuesday, 4th sept, and i have sent in everything on time. i have changed addresses and this has been updated by the courts and using track and trace it has been recieved by abbey. that was on the 1st august... so no excuses on that side... aldershot court is still going ahead as usuall so i am at a lost... all help on this matter will be great.. shall i phone the court up and ask is they have recieved the CB from abbey... not going to phone abbey.... i have a letter already prepared if they apply for a stay.
  13. Finally i have completed the bundle... its been very stressfull...what to put in, where to put it and so on.... this is my list of contents... INDEX The Claim: Timeline of Claim: Correspondence With Regards To Claim: Bank Statements: Schedule Of Charges: Interest Calculator: Statement Of Evidence: Terms and Conditions 1998 and 2007: Relevant Case Law To Penalty Charges: Early Day Motion From House Of Parliament: OFT Summary On Credit Cards: Transcript Of Interview With Peter McNamara, Former Head Of Personal Banking At Lloyds TSB: Excerpt From Report Into Penalty Fees Charged By Australian Banks: Dunlop Pneumatic Tyre Co. Ltd v. New Garage and Motor Co. Ltd: Unfair Contract Terms Act 1977: The Unfair Terms in Consumer Contracts Regulations 1999: Supply of Goods and Services Act 1982: Claim for Contractual Interest: u will probably tell me i have missed something.. but i will have to worry another day cause tomorrow i go on holiday to Cyprus and i will not care for one week .... as for the courts i have had no letter bout a stay and i have had nothing from abbey since APRIL.. no court bundle , letters or bugger all... so when it gets to court i can point out that Abbey have been very very quiet....
  14. still need help on my T & C... its the last bit and i am feeling a bit dumb. all other parts sorted ... what i need to know is what i need to include and why.... the furthest t & c is 1998 and i also have the present ones... what shall i be highlighting... its an area i am stuck..... in short i have understood everything but this....... i have read this site and others and they say that t & c r not really relavant as abbey have admitted a breach of contract.... so in short what shall i print off and what shall i include....
  15. * BUMP ** just finalising my court bundle but stuck on the T & C... my account was opened in '95 and the charges r from 2001-06.... now do i include all the t&c for the 6 years in full or just certain parts of them and do i only include just one t&c in full ( maybe the most recent one)
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