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allen0601

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Posts posted by allen0601

  1. Glad to see im not the only one wondering, thanks Jen! Well You seem to know alot more about this than i do so if you dont mind i may wait and follow your lead. I ll be waiting to see what happens x

    Thanks

  2. Hi all, from what i can make out we have all got to sit tight again until the 7th july then see what happens is that right??? Because A&L are not in that collection of bank does that mean that as the case has rejected some of the banks that we should start on at them again??

    My case was started back early last year and i had been waiting for a court date for ages then had the letter that they were all stayed should i try to contact the court or maybe the bank or just wait?? really not sure:(

  3. Thank you sea-side lady, i did think it must be that but my brain is so fried at the min i needed to check with someone else so thanks. I heard that thursday is the big day in the court case, well according to that Martin Lewis anyway, lets hope it goes our way for a change cus with all this credit crunching i'm sure we could all do with a little good luck right now!!!!

  4. Hi all well not been on here for a while, between family and studying not sure where the time goes. I have been reading up on some of the threads and cannot seem to understand why some people are getting court dates when lots of others including myself are still blowing in the wind here!! Anyone know whats going on???????????????????????????????????????:(

  5. HI all

    Since having my request for lifting the stay turned down i have wrote to my MP, oft and anyone one else i i could think of but nothing! not even an acknowledgment from anyone. Has anyone had any news about this test case as in a date or if it is going to run for years?

  6. Hi Damo hope the judge does order in your favour cus getting the stays lifted at LCC is near on impossible, i applied to have my stay lifted and received this the other day

     

    It is ordered that:

    1. The said application is dismissed. The issues involved in this case (and very many like it) will be heard in a test case before the high court in Jan 2008, and it would be wholly disproportionate for these cases to be heard separartely before that decision is known

    2. Additionally, the court is aware that an order staying many cases such as this was made after full argument in the high court (Leeds mercantile court) on 29.08.07 Carlisle and others v Clydesdale bamk and others which appears not to be distinguishable from the present case, and would be binding on this court.

     

    So good luck and hope the judge looks better on your case

    Nicky

  7. Hi Scoobz Im sure your judge will see that A&L are just playing with the system and will not grant them a stay, after all the work you have put in you deserve the pleasure of being able to wipe the floor with them:wink:

    Good luck!!! i would keep my fingers crossed for you but i didnt do me any good so better not:(

     

    Nicky

  8. Well all the hoping and keeping my fingers crossed did .......NOTHING!!:evil:

    I had a letter at the weekend from the court regarding my application to remove the stay the letter said

     

    It is ordered that:

    1. The said application is dismissed. The issues involved in this case (and very many like it) will be heard in a test case before the high court in Jan 2008, and it would be wholly disproportionate for these cases to be heard separartely before that decision is known

    2. Additionally, the court is aware that an order staying many cases such as this was made after full argument in the high court (Leeds mercantile court) on 29.08.07 Carlisle and others v Clydesdale bamk and others which appears not to be distinguishable from the present case, and would be binding on this court.

     

    GREAT!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!:(:Cry:

  9. Hi Rob

    If i were you i would not do a MCOL but rather go through the court direct as at this momment in time all MCOL cases are apparently being stayed, also whether you apply on line or through the court direct you will have to pay an amendment fee to change the amount you are claiming for once court action has been started. Not sure of the name of the forms needed to do that or the amount but i know it wasnt that much. Sorry cannot be any more help but keep asking as there are plenty of helpful people on this site. Good luck!!;)

  10. Hi Allen

     

    Sounds like our friends at wraggies are giving you the run around! I think its a new tactic they've taken on with these stay requests! Hope the judge is kind to you!

     

    I think there's quite a few of us who received the same letter on Saturday

    regarding stays and it's all new to us so we are all unsure what is going to happen? I've just filed my court bundle and I'll be really p****D off if they are granted a stay on my case!

     

    If you need the list of claims settled by A&L since OFT Test Case just let me know and I can send you a copy (it may help)...

     

    Keep positive

     

    Regards

     

    Scoobz

     

    Hi Scoobz

    i agree, think this is just another way of trying to put people off but infact all its doing is p*****g people off and making them more determind. Thanks for the offer of the lists i ll let you know if and when i need them as im sure they will help.

  11. Hi everyone

     

    I received this standard letter from wragges today.

     

     

    dated 7 September 2007

     

    Dear

     

    Your Claim -

    No claim number, or reference, so assume this is a Standard letter which has gone out to all who are currently claiming.

     

    Your case in relation to charges for unauthorised overdrafts (meaning paid items, failed items and unauthorised overdraft charges) is currently pending before the Court. We are writing to you on behalf of Alliance & Leicester in respect of a test case in relation to these charges.

     

    We wrote to you recently to make you a goodwill offer as full and final settlement in relation to your complaint about your charges.

     

    Although Alliance & Leiceter believe that the charges are fair, transparent and lawful, a number of current account providers have now become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to charges for unauthorised overdrafts. We believe this test case will rsolve the legal issues regarding the fairness and legality of your charges.

     

    Alliance & Leicester is not one of the banks and building societies in the test case. However, this is an issue where customers, as well as the financial services industry as a whole, would welcome legal clarity.

     

    Alliance & Leicester has asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

     

    In view of the test case Alliance & Leicester has also asked both the Financial Ombudsman Service ("FOS") and the courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicatd that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. You should be aware that we have obtained a stay in proceedings in respect of your action until resolution of the legal proceedings with the OFT.

     

     

    However, the goodwill offer Wragge & Co made to you on behalf of Alliance & Leicester still stands. If you wish to take up this offer, we will take this as "full and final" setlement of your complaint and you must contact us within 2 months from the date of this leter. If you accept this as a "full and final" settlement, it is highly unlikely you would be awarded a further sum at a later stage even if the test case established you were otherwise entitled to a larger amount. Though this does not preclude you asking for repayment of any future charges if the Court finds they are unlawful.

     

     

    Once the legal proceedings between the OFT and the banks finish, Alliance & Leicester will resolve your complaint as quickly as possible, applying the test case principles. As a general matter, Alliance & Leicester will ensure that your claim will not be adversely affected by the stay of your Court proceedings.

     

    We can asure you that Alliance & Leicester has registered and stored your complaint. Please retain your bank records, as this will make it easier for you to support your comcplaint on resolution of the test case.

     

    The FSA requires Alliance & Leicester to ensure that your complaint will not be adversely affected by the delay in dealing with it. Either Wragge & Co. or Alliance & Leicester will keep you updated appropriately about the proceedings with the OFT

     

    We hope the enclosed Frequently Asked Questions will clarify some of your questions about this. You can also check the most up to date position on Alliance & Leicester's website.

     

    Alternaively you can find more information on the 'test case' through the following:

    The Financial Service Authority - Financial Services Authority

    The Office of Fair Trading -www.oft.gov.uk

    the Financial Ombudsman Service -www.financial-ombudsman.org.uk

     

    Yours faithfully

     

    signed Wragge & Co

     

     

    enclosed: the same Frequently Asked Question on the test case they enclosed with the last letter they sent out.

     

     

    alice-in-about-to-apply-to-have-stay-lifted-land !

     

    xxx

     

    Hi Alice i too that the same letter from wragges but without the paragraph about the good will guesture still standing! apart from that bit mine reads the same word for word!

    Nicky

  12. Thanks Jan for all your advice dont think i could have got this far without the help of certain people (u know who u are!)

    Well i have recieved a letter from wragges on sat, as i e mailed them to inform them that i was appealing the stay. The letter just went on about the test case and how their client feel they have to wait and will be applying for a blanket stay on all cases! I am going to give it til next week then contact the court again regarding my appeal, will let everyone know if i hear anything

     

    Nicky x

    And kpsh at least you had a sniff of court more than i got!! let me know if things move on for you, good luck i ll keep watching

  13. Cheers Jan think i just needed to hear a few words of wisdom:rolleyes: . I spoke to the court this afternnon and was told that a judge is looking at my appeal and they would let me know as soon as they knew anything. If i do get a hearing what should i take with me? And should i inform wragges? i have already told them im appealing. At least i will be doing some thing then

  14. Hi all it seems very somber on this site lately, like all the spirit has gone:(

    Ive just spent an hour or so reading various threads and have noticed some thing, I started all of this back in jan filed my mcol in may and filled out my AQ beginning of july yet i never recieved a court date. Of all the threads that ive read EVERYONE that was at the same stage as myself at AQ stage then recieved a court date prior to the stays being put in:???:

    Im now thinking this gives me a real disadvantage in applying for the stay on my case to be lifted

  15. HI all well still waiting to hear back from the court and wragges have nt bothered to reply to my e mail either:(

    This waiting is driving me insane:D feels like i should be doing some thing!!!! Is there any thing i should be doing ?

  16. Hi well ive sent off my application to have my stay lifted along with the draft as advised by Jan (thanks again) and have got to wait now for the NICE judge to look at it. Though i was told that could be a few week. So here keeping my fingers crossed!!!

  17. Thanks for that Jan ive pm you back regarding another question. Do you happen to know the e mail address and contact name for a&l? and also should i e mail the name of the person at wragges that signed their defence papers even though she was a trainee?

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