After reading the above threads (thank you guys:)) I have issued a complaint with the FOS. It is being printed out as we speak and will be posted tommorrow morning. I have basically advised them that I believe abbey has breached the waiver...and that I would like a refund of all the charges levied on the account. Is it worth giving abbey another ring, or shall I just let the OFT do their stuff?

Evening moonlightvella and thanks for getting back to me. First things first calm yourself down, there is honestly nothing to worry about:) It appears from the information that you have just given me that Halifax have applied to the district judge (DJ) to have your claim stayed which basically means put on hold. The notice you have received is exactly that, it is the court advising you that Halifax have applied to have your claim put on hold, which in light of the testcase is nothing out of the ordinary. The photocopies are for your files and again is pretty standard stuff. Now all you have to do is wait to hear back from the court advising you whether or not the DJ has allowed Halifaxs' application to have your claim put on hold. Again, in light of the testcase, this is the most likely scenerio. However, if the DJ decides to refuse their application your claim will proceed as per the norm. If you haven't already filled in an Allocation Questionnaire already, the court will send you one. Again there is nothing to fear, this link given below will help you do this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html In light of this I do suggest that you really try and get to grips with using this site. It would especially be beneficial if you take the time out to read (if you haven't already) the FAQ section which contains all of the information you need http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/ I also suggest that you start your own thread in the Halifax forum as members of this site will be able to help you more efficiently as you'll be easier to locate. I hope I've managed to put your mind at ease for the meantime. If thre is anything more I can advise you on, all you have to do is post. I wish you all the luck in the world and try not to get so wound up as it'll only give you wrinkles;)

I s'ppose all we can hope for is that the banks and the oft come to some mutually agreeable 'universal price list' for charges and that we are all refunded accordingly...even those whom still haven't asked for their money back yet. Whether that will be the case or not know one knows. Fingers crossed hey;)

Well done for making it to court and more so actually being able to argue your case:) Whether the DJ stays your case or not, it was certainly worth the effort. As for the Cobbetts rep issuing you with a copy of their argument I would have thought that it would have been polite to have done so. Saying that, if the DJ didn't mention it, then maybe it's something else that they can get away with not doing.

I am no expert, but it just might be worth having a look on the forum http://www.consumeractiongroup.co.uk/forum/capital-one/

That my friend is entirely up to you. Things are bound to be rather delayed due to these postal strikes, however, the likelihood of Halifax actually dealing with your request anytime in the next iceage....well your guess is as good as mine. IMHO I'd give them a call and make your decision based on that.

Hi andybars, It might pay to read up on a whole thread hun as I am way past this stage in my claim against Halifax:) Even after putting in an application to have my stay lifted the DJ has still said no which is a big fat bummer and was a shot in the dark, but well worth the effort had it have paid off. Sitting on thumbs time, as good 'ole stonedecroze puts it:razz:

Believe me I am trying, but I could REALLY do with the blasted money. Car is unwell and is going to cost more than we can possibly afford, I've got my sons 4th birthday party on the 20th which is more money that we dont have, rent needs to be paid the list is endless:( buggers have really stitched me up good n' proper I can tell ya!!!!!!

Hi there moonlightvella, Just had a look at your post in the following thread Smiths V Nationwide - Nationwide Paying Up!!! Yipeeee!!! as it appears that you haven't started your own thread detailing exactly what has happened with your claim. Before I can give you, or better still help you to locate, the information you need in order to prepare for court, it might be an idea to post a new thread entitled moonlightvella v halifax detailing your claim, this way you can be advised properly. However, and providing I have understood correctly, you have filed an Allocation Questionnaire and have received The Notice of Allocation which meerly advises you that your claim has been allocated to the relievant track (normally a small claims track for amounts not exceeding £5,000) and a court date set. You will only have to contact the court if you can not make the date set, or if Halifax choose to settle prior to your case being heard when a Notice of Discontinuance will have to be submitted to the court by yourself advising them of such. Once the Judge allocates a hearing date he/she will send you and the defendants a letter with directions on (these DIRECTIONS may include submitting your COURT BUNDLE to the Court and the DEFENDANT before the hearing). You need to comply with these directions in good time, its unlikely the bank will, if you get yours right it puts you in a stronger position. Extremely unlikely, but the bank may choose to attend court. If this looks likely to happen, come to the forums and post details of events. We will help to guide you through the proceedings. There are some good guides of how to behave in court and prepare for a hearing to in Templates Library. Hope this helps ease the panic slightly:)

Fantastic news JM. You'll be an inspiration to us all, well done:D

Thanks guys. Yep, to be expected but a right pain in the rear non-the-less. DS, hope your DJ is nicer to you than mine was;)

Heard absolutely jack from abbey with regards to my LBA, so I contacted the complaints dept to check on the progress of my omplaints prior to filing a claim against them. I reminded the nice lady on the end of the line that although my complaint is asking for a refund of the charges imposed on my account it has nothing to do with the testcase as the money taken is derived from benefits and are inalienable. The lady advised me that they are aware of this fact but 'all complaints relating to charges have been put on hold until the end of January, and it is entirely up to me if I wish to commence court proceedings'. I advised her that if I issued a court claim against them it will not be put on hold due to the nature of my claim, but wanted to refrain from incurring costs unnecessarily. She responded by stating that her hands were tied and that nothing could be done until the testcase was resolved. I guess its onward and upward then folks...another claim is on its way.

Had a letter back from the court this morning with regards to my application to have the stay lifted. Unfortunately, nasty ole DJ Hurley has refused my application:sad: Ah well, I guess I'll just have to sit this one out...it was worth a try.

Hi shu, 'cos of the urgency I'd pm zoot directly and ask her for the samples, after all the thread does say 'samples to follow', she's probably just not got there yet. Failing that put in a search for them and see where that gets ya. Good luck.

Welcome to the club8-)

Hi shu, Incase I dont get round to it next week, I thought i'd just wish you all the very best for your stay hearing. I know it's all very daunting but just remember that the judge is meerly another person and not a super hero or anything. Imagine them all in their underwear, that should help put your mind at ease...that is if you aint sick first:D Honestly, I'll be thinking of you and will be riding it out with you in spirit. Go and knock 'em dead, hun!!!!!

For those of you who've been following my progress in other threads, know that I have had printer ink issues. Thankfully, this has been sorted and the LBA which should have gone on the 15th is all printed out, and is now looking lovely, ready to go tommorrow. Decided that they wouldn't take me seriously enough if I'd sent them a letter with dodgy lines all over the typeface. Call me picky, but there you go. Wish me luck:)

Actually, I'm feelin pretty damned good at the moment thanks me darlin'. I've been a busy bee, so I have. Managed to get the much needed printer ink, so I've just finalised my Application Notice to have my stay lifted, along with the judges covering letter and EX160 form to boot. So watch this space. I've also printed off my response to Halifaxs customer relations dept, which like I said before, is soooo satisfying!!!! I've also responded to abbeys' shabby excuse for a response to my complaints, asking them to give me my money back or it's off to court we go. So, I'm feeling like a big fat weight has been lifted and its all stations go. Everythign else is crap, but at least everything I can do by way of my claims is now done and dusted. How's about you then? Good to see that hilda is on her way out:)

Hi tills, wots with hilder then? You haven't started puttin them blasted rollers in yer hair have ya? If so, I really must draw the line hun, this forum has definately driven you mad!!!LOL!!!! Like I said before, too much work makes tilly a dull girl, but hilder ogden is truely going beyond all my expectations..time for a holiday me thinks!!!!

Hi macushlamoon, I've notice that all your posts are within the welcome forum, it will be a good idea to start a new thread in the abbey forum so that we can best monitor your progress and give you any help and advice a lot easier:) In the meantime, good luck with it all and keep us posted.

Good god no, I'm not that type of lady....honest:D:D Changing the subject somewhat:oops:, glad to see that you've possibly got a chance to put forth your case in fromt of Mr DJ. Bummer about the fee, but put it down to experience. Anyways, have a blinding time, poor overflows' gonna miss you terribly...it'll be like Bonnie without the clyde (& I'm not gonna say which one of you is Bonnie!!!LOL!!!). I guess I'll miss you alittle too, only a little mind, as we dont want your head to swell now do we!!!! Look fwd to catching up when you return. So its addios amigos from me, and addios amigos from him!!!!!!

Okey-doekey, pretty standard then. As zootscoot has so kindly obliged, have a look at the bundle for stay hearings given below: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html Itmay mean a lot of work initially, but it's certainly worth being prepared. Keep trying to get hold of the court, failing that, and as a back up plan, write to them advising them that you cant make the hearing. Let us know how you get on.

Off on holiday to spain then hey? I dont s'pose you'll be havin any sun, sea and sangria by any chance:D And sex...blimey...can I come?

Firstly, I'm lovin' the name!!!! Secondly, well done you for having your stay lifted. Thirdly, no this is not the big one, it is meerly a chance to advise the judge to have the stay lifted and to continue down the normal route with the possibility of going to a full hearing, yes. However, and most importantly, your first point of call should be to inform the court that you cant make the hearing and reschedule. As for the documentation required, kindly advise what reason you gave in your application to have your stay lifted.

Oh, and in addition to the points above, this letter does not mention the closure of your account, which as you've already been advised, will be frowned upon if done as a clear result of your claim. So again, no worries there:D