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JAMES33

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About JAMES33

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  1. i have had dealings with bcw in the past and they are a bunch of bullies! The best thing is to refuse to speak to them on the phone and just write to them explaining that your case is on hold, if you can afford to make a nominal payment of say, £10 per month that should keep them off your backs, you may need to be seen to be paying something as obviously your overdraft is not covered by your charges claim. Hope this helps - they also threatened me with a house visit but as they are based in Glasgow I thought this would be highly unlikely and ignored them - they never turned up! Good luck and k
  2. Hi nackered - do you have the details of the Order dated 8th August from the court at all? If you could post them on here (without your personal details) someone should be able to help you!
  3. I totally agree with you Lula! Hopefully someone with a bit of legal knowledge on here will be able to work on this and prepare an argument in case they do try this. My only worry is that the Judge did not comment when the Barrister mentioned this.
  4. This is a link to a case that the Judge referred to when considering my request to stop Abbey from enforcing payment of my overdraft until after the test case Attached FilesCarlislevClydesdale.PDF (279.4 KB, 19 views)
  5. Lisa, I was in court on Thursday to try to get my stay lifted. Unfortunately I did not succeed (no surprise there!) However, I am in the same situation as you as in I have an overdraft of £1400 which they have cancelled on 1st Oct and said that if I do not clear it, charges and interest would continue to accrue. I mentioned this to the Judge and said that I was worried that Abbey would begin to threaten me with a default and send information to the credit reference agencies if I did not pay this off. He said that as Abbey had applied for a stay until the outcome of the test case, he would look
  6. Hi Lula, I agree that it's not at all fair that Abbey can amend their defence to suit them if it seems that they have made a mistake. However, I do think they are worried about this as this was the Barrister's main concern before we went in, he said that I had mentioned the breach of contract in my letter to the judge and he seemed very nervous about this and seemed to be trying to put me off arguing this point. When we first got in there, the Judge said that what made my case stand out from others was that I had mentioned the breach of contract in my letter so this is definitely a sticking po
  7. Hi CF! Yes I have already sent two letters to Abbey registering the account as being in dispute each time they sent me a letter regarding my overdraft. It was rather funny when the Judge was telling the Barrister to make it perfectly clear to Abbey that he would not be best pleased if they tried to enforce payment of the overdraft he then went on to say that even if the Barrister did pass the message on, the left hand didn't seem to know what the right hand was doing at Abbey and that it was fairly likely they would still send an enforcement letter to me but that at least I would know what to
  8. Thanks for that Jo! Yes I know what you mean, the Barrister mentioned that to me before we went in and I just said it would be for the judge to decide whether to actually allow them to amend their defence and that I considered that to be very underhand and typical of abbey's tactics. He even mentioned it again in front of the Judge when he was giving his reasons why the stay should remain in place, I felt like asking whether I would be able to change my claim whenever I liked too but didn't have the nerve. It just seems as though the Judicial system will let the banks do whatever they like whe
  9. Well, I am back from court. As expected I didn't manage to get the stay lifted. Both the Barrister and the Judge were very friendly and informal. The Barrister approached me as I was waiting to go in and gave me a copy of an order made by a civil judge, Judge Mitchell in the Canterbury court in which he refused to lift stays on several cases being heard at the same time and giving details reasons for doing so. He mentioned the fact that I had, in my letter to the Court noted that Abbey had admitted the charges were imposed due to a breach of contract and that this meant that my case did not fa
  10. Thanks so much for your help psm and chelseaboy! I really hope the Judge will stop Abbey from adding any more charges etc to my overdraft, that is my main worry really as if it takes a while for the OFT to settle the test case (if it even goes ahead at all!) they could add hundreds of pounds of charges and interest and I am determined not to pay them a penny more than they have taken already. BTW does anyone know if the Abbey usually send someone along to represent them at these hearing to lift a stay or is it likely to be just me and the Judge?
  11. I am in court tomorrow to apply to have the stay lifted in my case. I have only been allocated 15 minutes so I am aiming to be very brief and to the point. I have prepared a bullet pointed list of my main arguments against the stay and have done copies of documents backing up each part of my argument. I have stuck to the main points covered in my letter complaining about the stay. I don't really expect the stay to be lifted, part of my argument is psm's case where the judge lifted part of the stay so I will concentrate on that. Also I am arguing that it is unfair that the Abbey can continue to
  12. To be honest I haven't really done anything yet - have got an exam coming up which I am busy revising for. I am taking psm's advice and concentrating on the issues I brought up in my letter to the judge, I am pretty confident that I understand the arguments I am using, I just need to have a good read through and prepare copies of everything I am going to use. I have only been allocated 15 mins so I am not preparing a long speech or anything - short, sharp and to the point! I don't expect the stay will be lifted anyway, I'm not suffering financial hardship or anything. One thing I am hoping to
  13. JAMES33

    PSM V Abbey PLC

    Thanks for taking the time to post in my thread psm - Just noticed the time of your post do you ever sleep!! Great advice (as always) I did have the breach of contract defence so will be using that on 4th Oct and have copied the Order you have received. Have been studying the CPR rules 3.9 and 3.9 too and hoping to use these also as Abbey did not submit a bundle or reply to my lba etc. I doubt they applied for a stay in the proper manner either, thanks again, your thread is a mine of useful information and I really want to wish you all the best with your claim Lisa
  14. Thanks for that CF! Glad you're still around - haven't "seen" you for a while;) Yes, I have been scouring threads for the last 3 hours and have been busy copying and pasting loads of info that I've found so far and will continue to do so. So much information on here, my head is spinning already, I will plod on and prepare as well as I can for 4th Oct.
  15. Hi all! - Have a bit of an update on my claim at long last. As I mentioned above, when I received the letter from Court informing me that my case was stayed, I sent back a long letter saying how disappointed I was to have a stay at this late stage and setting out my reasons for disagreeing with the stay. I also sent further documents which I was going to add to my bundle following the updated version on this website with the more detailed witness statement etc. I have today received the following order from the Court:- Upon the Claimant objecting to the order dated 28th August 2007 E
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