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Everything posted by passivenomore

  1. Spooky!!! I ask for an update... and it's there before I have chance to post it!!! I hope stay no1 is the ONLY one... hopefully, the judge will get your BIG bundle and give you the default judgement you should've had last time Owly... fingers crossed time... AGAIN!!!!
  2. Hello my feathery friend!! Have just popped home to see how things have gone today... I meant to post a "good luck" message this morning, but had to rush to get out... alarm went off in the middle of a dream and I really wanted to find out what happened next, went back to sleep, couldn't find the same dream channel and woke up none the wiser and late!!! Subsequently, I've been on tenderhooks all morning!! Anyway, just letting you know that I'm thinking of you!!
  3. Hi Buby... Personally, although out of the time limit, I see no reason why you shouldn't request a removal of the stay. You have absolutely nothing to lose by doing so. I and many others are in exactly the same boat!! try these links for info and templates: http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820 http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/ If nothing else, this will give you post a little "bump"!!!
  4. Many thanks for the links Barty... much appreciated. Having calmed down (slightly), I will challenge the stay... but will read through the links very attentatively first. I don't hold out much hope as I'm sure the judge(s) involved has already decided that they will not be sitting on any bank claims until they absolutely have to. Night Owl... thanks for your kind words. I'm still subscribed to your thread, so well aware of the significance of the 31st. As different courts are taking different actions, I really hope yours will be a "claim friendly" one and will not entertain another stay. My fingers are crossed for you. Hope your feathers are all dried out now!!!!
  5. Wahey... found something I AM good at!!! Ps... Nice work Joe... maybe we should all fax him en-masse with "Stop Harrassing Our Pen" faxes!!!! Oh... and maybe add a little "can we have our money back without having to play these silly games you make us play" bit at the end!!!!
  6. Hi Pen... I'm still following your capers with great interest and, like everyone else, am appalled at your treatment by this so called judge. There really should be a way to get them struck off and more justice-friendly judges to be appointed to replace them. Some seem to have their own agenda and a very high sense of their own importance... it's wrong!!! Anyway, just wanted to send you love and hugs because you are an inspiration. So glad you're going to persist with this. Apart from anything else... it's a daily source of entertainment!!!
  7. Hi Mc... I've had the letter confirming stay of my case and posted details on my thread. As suspected, the court themselves ordered it and NOT the bank!! Due to this, I see no point in fighting the stay, as they're obviously not interested in taking it further until the OFT case is sorted. However, your case is different, as LTSB failed to comply with court directions. Rightly, you've applied for judgement and the case should have been struck out on the spot. Instead, you've been given a stay!! This is absurd and a complete copout. Fight it Mc... fight it!!!
  8. UPDATE:mad: Hi all... I got letter from the court yesterday. It reads... Upon Reading the court file and upon the court noting that a test case has been issued in the High Court between the Office of Fair Trading and certain banks, with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts. And upon it appearing that the issues raised in the test case are similar to those in this claim. THE COURT OF ITS OWN INITIATIVE ORDERS THAT 1. This claim is stayed until 31 March 2008 with a view to awaiting the decision in the test case. Either party may apply at any time, by application on notice in accordance with CPR 23, to lift the stay. 2. If no such application is made, the court will give directions of its own initiative on the expiry of the stay. So, as suspected, without the bank having to even request a stay, the court has awarded it themselves!! We all expect the banks to be a thorn in our sides and cause copious unecessary delays, but I'm fuming that watford court has taken this action. It seems that they just can't be arsed to carry out their job and are looking for an easy life. Had the bank applied for the stay, I would have challenged it with the template letter, but what is the point if the court themselves are staying on their own "initiative"???? Seething, I am.
  9. Hi McIavelli... I have just heard that my claim is to be stayed until 31/3/08, due to the OFT case, as is the case with yours. Stays can certainly be challenged and there are templates around specifically for the OFT case. I've not had the chance to read around too much the past couple of weeks, so not sure if anyone has sucessfully challenged yet. This link may help mate... http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html
  10. Wahey!!!! Another "won" thread under your belt Dee... that's superb news, well done you!! What on earth are you going to do when you've finished all your claims??? I feel a book could be on the cards!!! "Dee... the serial claimer" subtitled... "If you're thinking of charging me, think again pal"!!!!!
  11. Hi Dee... Spooky you should choose today to drop by again, as I was going to supply an update tonight!!! I've not been around too much the last couple of weeks, so have some catching up to do!! Anyway, I finally rang court today as I still hadn't been sent a court date. Apparently, Watford District Judges are taking it upon themselves to issue blanket stays to all claims until 31/3/08. I got the impression that they are not even waiting for the banks to request them. I'm a bit irritated as the N1 was filed so long ago, but kinda thought it would come to this. Obviously, there are templates here to oppose the stay, so I will go down that road when confirmation of the stay is received. Regards the business claim, I have had a reply from photoman (re: POC), so hopefully, will be in a position to file claim soon. Ps. Dee... will pop over to see how things are on your thread!!!
  12. Hi Buby... Ps... where have you been??? This has been BIG news!!!
  13. Big, BIG, BIG congratulations christina!!! A truly well deserved victory. I'm soooooo pleased for you!!!
  14. Hey Mc... I notice you don't have the "I'm not that devious really" in your signature now!!!!
  15. Hi Dee... Just tracked you down over here!!! You're certainly getting the bug for this claiming lark now, aren't you!!! AND you're getting pretty good at it!! Congratulations, if a little premature, on another victory... WAHEY!!! Hope this one wasn't as time consuming as your Lloyds one!!! Well done. Ps... who's next in line 4 the dee treatment???!!!!
  16. Hi Pandora... Hi Dee... How lovely of you both to pop by!!! I trust you're both well. No news here... STILL waiting for a court date... and impending application for a stay!!! It's been a while since I sent the Draft Order off to court, so I guess a call to the court will have to be made soon. Post Office strikes aren't helping... especially as my postman seems to be under the impression that he only has to work one day a week whilst it's ongoing!!! On the other hand... my plans on claiming my business a/c charges are being brought forward. I was going to wait until the personall a/c had been settled before hitting them with the business, but with the possibility that it may well become drawn out, I thought sod it!!! I'm currently working on adapted POC's and when they're ready "passive v LTSB business" will be launched to keep everyone updated!!! Take care... and stay in touch!!!
  17. Hi Pandora... Looks like Lloyds are really turning the screws on you now. It's making my blood boil just reading about it!!! Firstly, do you have a current account elsewhere? If not, I think it's time you did... as a matter of urgency. LTSB clearly don't value you as a customer and with tactics like this, I think you'd be better off without them. Secondly, there's no need to wait for a reply to prelim letter. After 14 days your LBA should have gone out. Again, this is important because as soon as you file your claim in court, the account is then in dispute. As far as who to complain to, I would suggest the FOS. As it's not directly a bank charge issue (and with their recently lightened workload!!!), I see no reason why they won't act... and quickly. If you can get to stage where a/c is in dispute, you're not using the Lloyds accounts (any of them!!) and the FOS are active... hopefully, they will stop charging you, you can pay back what you need to close the a/c's, then claim back ALL charges AND interest as planned. I know it's easy to say and harder to do, but I would suggest it's the best way. As always... I stand to be corrected if anyone knows any better!!! Hope you & OH are well!!!
  18. Hi repro... That's fine. Whilst it's not ideal to make errors before court stage, it shouldn't effect the outcome of your claim. It's the filing at court stage where details become critical, as your claim could be struck out. Read through the link above, which will tell you what NOT to mention!!
  19. Hi... What stage are you at? Prelim, LBA, N1???? Also, stick to one thread to make things easier for us to keep up to date.
  20. skeggsy... These are from Jan 1998 (the earliest business t&c's on site so far)... RapidShare: 1-Click Webhosting I opened my account a year or two earlier. I'm not certain if they are exactly the same as my original ones, but the cover is definately the same... I remember, because I only threw them away 18 months ago, because I thought I was being a hoarder!!!! Lesson learnt... I'm back to my hoarding ways again!!! :grin:
  21. Nice work PTG!!! Keep posting won't you?!!! Congratulations on the win... oh how sweet it must taste!!! Ex-employee and all!!!
  22. Celicaman... Many thanks for your link. The more people who read through the POC and comment, the better!! Just off to sign petition and rest my weary finger (singular... not a great typist!!!! ).
  23. That's more than I've managed... yet!!! PM... Many thanks for taking the time to read through my draft POC and for your comments. Firstly, yes, I have used the new LTSB POC as a basis and chopped bits and added bits from Jonni2bad's business POC. I'm not looking to take any credit for this, I just think a slightly more "in depth" POC would be benificial. Regarding the T&C's... at the end of the new LTSB POC, the T&C's referred to have been added, albeit in abbreviated form. As Peter said in a previous post, there seems to be little or no difference in personal and business T&C's. I also have the business T&C's from Jan 1998 (taken from the library here). Section 5 was taken (word for word) from Jonni's POC. Whilst I have no correspondance that says "charges were debited in accordance with the terms of contract", I have many letters saying "in accordance with our published charges leaflet", "make a charge to cover our extra administration costs" and "this happens automatically - we won't usually write to you to let you know each time we charge unauthorised borrowing fees" etc... I guess you'll suggest changing the wording here to reflect what has actually been sent to me? Section 6 (the charges) comes from the new POC's and as such are covered within the T&C's supplied. Having said that, 6-1 needs to be deleted!!!! The claim will not be restricted to card payments, I have all the usual O/D excess fee, returned item, etc as well. Again, I can see that sections 7, 8 and 9 should be ammended to illustrate this clearer. Also, the claim is for charges from approx the late 90's. Do I detect that you would suggest a refence to the limitations act to be inserted? I didn't refer to it in my personal a/c POC and the defence failed to pick up on it. I will be making provision for it within my court bundle though. Obviously, I am completely open to opinions on this!!! PM... I REALLY appreciate the time and help you're giving to me. I know you're not a legal expert, but you do talk a lot of sense!!! Thanks... passive
  24. Skeggsy... I like these questions that are easy to answer!!! CC is on corner of Staion Rd and Westland Rd. As you come out of Westland, onto Station... turn left towards St Albans Rd. It's not clearly signposted, but the name of the building is Cassiobury House (which is fairly clear!!!). There are parking meters on Clarendon Rd and Shady Lane... although there is a branch of LTSB at the junction of Station Rd and St Albans Rd, with a car park!!!! It kinda appeals to my sense of humour to park here while filing a claim!!!!
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