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Everything posted by kev2b3

  1. Are the banks allowed to bring anything new to the table?, i thought that the HOL will decide on the records of the past two court cases.
  2. Hi there. Its great news if it happens and the bank do offer a settlement figure, but can you really see it happening.
  3. OFT Thinks charges are unfair. BBC NEWS | Business | OFT says bank charges are unfair
  4. http://www.thisismoney.co.uk/news/ar...page_id=2&ct=5
  5. Am i right in saying, if the banks appeal about the fairness of the charge,could'nt the OFT appeal on weather its a service or a penalty by using the old t&c.... Just a thought.
  6. I feel if the banks and the OFT did thrash it out between closed doors and between them came up with a reasonable figure for charges, the banks would curtainly save some face. I worry the longer this goes on the more changes there are of the government getting involved and we all know who's side thet will take.
  7. just a question, if all goes well on thursday, would the judge be able to lift the one sided stay so that we can again start chasing after our money with the banks ,or is this all down to the fas or fos to make that ruling.
  8. i just looked over the general form of judgement or order which is the last piece of paperwork i recieved from the courts. All it states is it is ordered that the case is stayed, there is no time limits. i will still give the courts a call like you suggested. thanks again lula
  9. i didnt know that you had to re-list your or re-stay. i will contact the court asap. cheers lula
  10. I am sure that the high court judge has recommended the stays remain frozen until he has come to a decission.This can take up to 7 months.
  11. Itell you what, the banks dont mess around. 20 barristers some who are paid upto 1000 pound an hour. It make you feel sorry for the one barrister appointed by the oft.
  12. lula may be able to correct me on this if i am wrong, but i thought the banks needed to give notice before they suspending your overdraft and taking the debit card from you.
  13. kev2b3

    Hugo07 v Abbey

    hi hugo You seem to have better luck than me. The only letter i received from court was to tell me which court i will need to go to and then tell me nothing will happening because of the OFT court case. Please dont start having second thought,i am sure everyone feels nervous going to court. Just be honest and if you dont understand anything just tell them you dont understand. Anyway all the best mate ,my fingers and anything else i can cross will be crossed for you on the 30th. take care kev
  14. HI Tilly many thanks, will send letter off first thing in the morning.
  15. i missed one payment last month on my abbey credit card, i contacted abbey and explained my problems. since then abbey constantly contacting my work asking to speak to me, this can be upto five times a day. they have never phoned me at home. is this allowed?
  16. kev2b3

    first time claim

    hi there. and welcome , you can always depend on one of us to help you.
  17. if it is true what the mirror article is stating i would be very shocked if the OFT ignored the many of thousands of people who are going through the courts.
  18. I have always said that the oft will go soft with the banks.The banks combined are too powerful for the likes of the oft. What the OFT should have done is to get the help of the CAG and Martin Lewis right from the beginning.
  19. Just to let you all know, i recieved a letter from John SJmith ( MP of Vale of Glamorgan). he has passed on the letter to the Private Secretary for the HM Treasury, and he also gave be acknowledgement receipt. I also wrote to the Welsh Assemble AM, and recieved responses from Jane Hutt and Andrew Richards (see below). Andrew is very supportive of the campaign to establish the practice of banks charging overdraft fees as unlawful. However, as the campaign is currently going through the law courts, an Assembly Member would be unable to lobby on your behalf. Andrew would therefore be unable to get involved in the court case or attempt to influence the outcome. I am running out of people to write to, any suggestions.
  20. Hi Gary, unable to work my scanner, so I will write abbeys defence down for you word for word and I hope it will help. If you would like a copy I can scan one and send it to you at the end of the week. Kev. IN THE BRIDGEND COUNTY COURT Claim No: 7BG 00981 BETWEEN xxxxxxxxxxxxx Claimant And ABBEY NATIONAL PLC Defendant DEFENCE Save as is specifically admitted in this defence, the defendant denies each and every allegation set out in the particulars of claim. it is admitted that the claimant has a bank account with the defendant, account number to be particularised (”account “) at all times the account has been subject to the applicable terms and conditions (“ conditions “), which form part of the contract between the claimant and the defendant and t which the claimant agreed when he opened the account. The defendant will refer to the following extracts: (1) “You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limits and the interest rate applicable.” (2) “An unauthorised overdraft occurs if without or agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.” (3) “If you have an unauthorised overdraft, you will be charged fees as set out in our tariff of charges or specified to you and these may include fees for transactions we are unable to process due to lack of funds in your account.” Throughout the period that he has had the account, the claimant received a number of copies of the conditions and of the said tariff of charges as they were amended and updated (though there has been no material amendment t the conditions extracted in paragraphs 3(1), (2) and (3) above). Any overdraft facility on the account was (and is) subject to the conditions . The claimant has overdrawn or exceeded authorised limits on the account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contact and the claimant become liable to pay fees to the defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account. In view of the fact and matters referred to in paragraph 3,4,5 and 6 above, the defendant denies that the amount of £xxxx.xx or any other, amount was unlawfully debited to the account and the claimants claim for the repayment is therefore denied. The claimant’s contention that the said fees are unenforceable and/or are “ penalty charges “ is denied. The fees reflect and are proportionate to the defendants administrative expenses incurred due to the claimant breach of contract and are a genuine pre- estimate of the damage suffered by the defendant. Further or in the alternative, even if the said fees are not proportionate to the defendants administrative incurred (which is denied) the claimant remains liable to pay such fees as may be found to be proportionate and the claimant is not entitled to claim repayment of the full amount of each charge made to to account. The defendant denies that the claimant is entitled to claim interest of any amount. No admissions are made as to the amounts claimed by the claimant and the claimant is put to strict proof of the same. The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement. Full name: Vivian Roux of Abbey National pic Signed position or office held: Paralegal Date 31 July 2007
  21. hi received a response from john smith (vale of glamorgan ) looking in to it will contact me again, so i will let you know what happens.
  22. it was signed by vivian roux and i do have a scanner but i will need to wait until one of my kids to come home if you would like a copy.
  23. i am not sure if this helps but i received my abbey defence on the 31st of july and its is only 3 pages long with only 11 paragraphs.
  24. hi jules did you know that there are 644 M.P in the house of commons i wonder how many M.P have recieved emails or letters from us lot.
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