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Clippy

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  1. Clippy

    clippy v abbey

    Hello Lula. I have already switched banks some time ago. My overdraft is still with Abbey though. My salary is paid into my new account for about the last 4 months. I wish I had done it ages ago to stop them getting their grubby hands on it. My debt management company are paying a set amount into the account every month. Its not the ideal solution but I can sleep nights and hopefully when we all get our money my account with abbey can be closed. Its nice to hear from you though!
  2. Clippy

    clippy v abbey

    Hello everyone. I have been absent a long time. I got so fed up after the court fiasco I could'nt face any more stuff about Abbey. I hear that the OFT case has started or will be starting today. Had a quick look through the threads. It seems like alot of you are still in limbo too. I am now in debt management as Abbeys charges took up all my overdraft! I haven't heard anything from the courts since my visit back in September. I started this whole thing a year ago almost to the day. Can you believe it? Anyway I wish you all well and lets hope that the outcome of this case goes in our favour. The interest must be quite something now!
  3. Hello I don't know if this will help you but it might. I like many of you was struggling to pay back bank charges and it was causing me to be up to my overdraft limit every month. I was struggling to pay bills on time and getting more charges because my salary was being eaten up as soon as it was paid in. I phoned a debt charity organization who told me that I should move my salary to a new account immediately so that I could be back in control of my money. My overdraft with shabbey would remain there but I should make over the counter payments each month of what I could reasonably afford. I was told not to set up a standing order or any other automated payment but to pay it in manually. It isn't ideal but they cannot refuse a payment if you show willing to pay. I guess this would only be helpful if you have a salary being paid into your bank but if you are on benefits then I'm not sure. I hope this is of some help.
  4. Clippy

    clippy v abbey

    Hello DS. I hope that you can get the stay lifted but I got Judge Marin and he wasn't very positive about trying to do it infact he said alot of things to scare me into not trying! Things like that banks will bring in their top lawyers blah blah and high court costs etc. it makes it very stressful for the likes of us doesn't it? If you do try I hope you are successful. Bearing in mind Marin didn't even have a copy of my bundle!!
  5. Clippy

    clippy v abbey

    Hey DS I have decided to leave things be for now. I think the whole situation is so complex and also I was advised by the judge on the day not to apply to have the stay lifted. I'm quite disappointed with the whole thing. I am in the process of having my account switched over to another bank. I do not want Scabbey getting their hands on my salary again. I have also started a debt management programme as the bank charges are so crippling now that I cannot continue with things the way they are. Unfortunately for me I am not able to claim Tax Credits because of an overpayment that I am fighting at the moment so everything seems to have come to a big fat nothing. I'm quite happy to wait until the outcome of the case now as my debts are with Abbey anyway and they will probably use their right of offset and claw the money back. Obviously if anything changes then I will be right back in there. The judge did say that if I came across anything that I felt was relevant then I could write to the court for directions. The annoying thing is that my friend told me of two of his friends who took on their banks as a result of me doing it. They both got large settlement offers within a few months despite starting their claims well after me. It just seems like such a lottery! I feel so sad for everyone after all the hard work that we've done and the hours and hours of reading and typing and photocopying. With the current financial crisis I hope the banks are feeling the strain because I have absolutely no sympathy for them whatsoever. Sorry if this sounds miserable. I actually don't feel so bad but like many of you I feel so hard done by a system that is supposed to be there to represent us. Good vibes to you all and may we all win in the end!
  6. Clippy

    clippy v abbey

    I have recieved this today from Barnet County Court. Upon Hearing Counsel for the Claimant and the Defendant in person IT IS ORDERED THAT 1. The stay imposed in this case shall remain. 2.The order made by Disrict Judge Gerlis imposing a stay shall be drawn up forthwith by the Court, see attached. 3. There be no order as to costs Dated 07 Sept 2007 I was wondering about the attachment in item 2 as there wasn't one. I don't think I'm going to apply for a stay then as it seems that Judge Gerlis is determined not to hear any bank charge cases.
  7. I've just read the article you posted. I cannot believe what I'm reading. The fact that penalty charges are illegal seems to have passed them all by. There is so much law to back this up I can't imagine what the OFT are thinking!
  8. Yes indeed, I am thinking about what to write. Turned up, the case was on the boards under the WRONG name and to top it all the judge didn't have a copy of my bundle. I really despair for the state of our courts. I felt as if I had been swept under the carpet with all the dust.
  9. Clippy

    clippy v abbey

    Thanks eveyone for your support. I've had a few hours housework to gather my thoughts this afternoon and the more I think about today the more it niggles me. The fact that the judge didn't have my bundle makes me quite worried. I'll have to write to the court now to get them to confirm they have it there. The whole way that the system is geared towards the banks makes my blood boil. When I mentioned to the Judge that Abbey had not delivered their bundle it just went straight over his head. I think he was very embarassed not to have a copy himself. What with that and the fact that my case was under the wrong name makes me wonder what they are doing if anything. Actually come to think of it they were probably looking for the bundle with the wrong name on. The words p**s up and brewery spring to mind!
  10. Hi Icy just to let you know I attended court this morning and was told that Judge Gerlis at BARNET COUNTY COURT had stayed all claims relating to bank charges 2 weeks ago. No letter no phone call nothing.
  11. Clippy

    clippy v abbey

    Well, Just got back from court. I now believe that the whole Judicial system is a complete waste of time. I arrived promptly for my case and looked on the boards for my name and which court I would be in. I couldn;t find my name anywhere. There was one other Abbey case but nothing with my name on. I went up and down asking various people what I should do when I finally found the usher, he looked up my case number and realised that it had been entered in the wrong name! Imagine that. As expected spotty whippersnapper turned up for Abbey and tried to talk me out of going into court. I told him I was going in regardless. The Judge was not the one I had on my papers and when he started telling me that there had been a stay put on all bank cases two weeks ago, my heart sank. I should have been sent a letter he said. Also staff had been instructed to call all claimants the day before to confirm the case was stayed. No phone call here.He then asked me If I wanted to contest the stay and I said yes. When he asked me on what grounds I said that not everything in the OFT test case related to my case as I had set out in my bunldle. Embarrassed faces all round. Not even the judge had a copy of it! I couldn't believe it. He asked me if I had delivered my bundle to court. I said of course I had but that Abbey had not delivered theirs. He then apologised and said that I should apply to the courts for costs. He then went on about the test case and blah blah blah about the case being stayed until Feb 2008 when they will make a judgement on the first instance and how expensive it would be for me to take the matter to high court etc etc. Went to court office to ask how I claim for costs and was told that because I had no contact details????? They were unable to call me yesterday. Hello case stayed 2 weeks ago where was my letter? I sent a seperate letter last week in anticipation of this scenario with all my phone numbers on incase they had to contact me. What a waste of time. Didn't get a chance to speak out and Abbey have slithered out of yet another abuse of process. Anyway nothing to do now but wait.
  12. Clippy

    clippy v abbey

    Thanks Ds. What a shame I won't get to meet the legendary Gerlis. Doesn't really bode well for me though does it? Anyway even if a stay is ordered at least the stress of the last few weeks can fade for a while and I can stop being the hermit i've become lately. I really hope you can get the stays lifted on the accounts you mentioned. Things aren't looking so good for everyone at the moment are they? But like I said I will go with an open mind and just see what the day brings. The worst thing is that when I get back I have to clean my house! Its forgotten what a hoover looks like! Clippy x
  13. Clippy

    Basic court bundles

    How you doing with the bundle? I found it really hard going too. Print off everything including the links. you will need 3 copies of everything. Also check out the sticky for Abbey court bundles because it tells you everything you need to include. Try and do your witness statement as well as you can. I used the template but adapted it to my own bundle and circumstances. Look at PSMs thread for her witness statement as it is very helpful. I found that as you print stuff off and read it you get a good idea of what it all means. If you have a friend with a heavy duty printer, now is the time to pop round with a bottle of something good! Good luck
  14. Clippy

    clippy v abbey

    PSm sorry I only just read your reply. Thanks for your thoughts. The more I read into this subject the angrier I get. I am off to court tomorrow and I leave with an open mind as to what will happen. I really hope I can hold myself together when the whippersnapper from Abbey shows up to ask for a stay! Anyway I am in the process of swapping my bank account now so that shabbey cannot get their hands on my salary anymore. Good feeling I can tell you. I just wish that all banks WEREN"T the same. Anyhoo, off to court tomorrow and will hopefully be given the opportunity to give them my side of the story. Have written another statement to take with me re the human rights, complexity of issues thingy. 3 copies to hand out. I have so many things going round in my head now! Hope I get the chance to say something. Didn't sleep a wink last night so should sleep like a baby tonight! Keep everything crossed!
  15. Clippy

    clippy v abbey

    Thankyou both for the advice! I am so bogged down at work at the moment I don't have a second to myself, boss is away and I seem to be up to my neck in stuff. I am so stressed. I just want this court date over with. I am sending a letter to courts, abbey and their solicitors advising them that I have not recieved any papers from them regarding the case. As you say Psm I will go over my speech for the day (If I get the chance to make one!) I can only do my best. I have had an interview today about going onto a debt management programme. I could really use the money from Abbey right now. It seems so unfair that my overdraft is so big because of their unfair charges. There was an article in the evening standard yesterday saying that Abbey customers are more likely to get charges than other banks. Anyway rant over! I have so much to do at work tomorrow I need some sleep now. Only 7days to go. goodnight
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