Thank you so much for your kind words...I'm doing my best to be strong and calm at the same time if it's at all possible! Fingers crossed indeed:(

Hi guys I'm not sure if anyone can help but myself and boyfriend are at the ends of our tethers now! We moved into a property on 13th Sept under the premise that the damp in the bathroom and lounge would be treated, the radiators would be working and that the other niggles we'd mentioned would be corrected. We were slightly rushed out of our previous property which was through our existing landlord as they had found tenants to replace us there. We were cooperative because they had insisted all works on our new place would be dealt with. As of today the heating has been 'repaired' on three occasions and only worked for one night at a time (the pilot light goes off and will not re-ignite). The damp that had been 'treated' via a de-humidifier and re-painting but is now slowly seeping through the paint work again so obviously isn't as superficial as we'd been led to believe. We're waiting on yet another call back from the Landlord regarding the whereabouts of the boilerman who'd turned up yesterday, did an hours worth of wiring and then buggered off never to be seen again! Is it legal for us to have to put up with this situation? Second problem, our electricity is on a meter and on topping up £10 we found the next morning that the meter had deducted money and we were then on emergency...this happened a couple of times and so I called EDF to query it. It conspired that the previous tenants have accrued a debt somehow, so us topping up had allowed edf to reclaim part of that debt each time. The Landlord is saying he has no part to play and therefore we aren't able to reclaim the difference - is this correct? I'm 7 months pregnant and my boyfriend's father has been killed tragically in the last couple of weeks...we're running out of energy having to chase the matter continuously and now feel like just moving out but as our contract stipulates we're to spend at least 6 months there we feel cornered. We've been model tenats for the previous two years at the other property but we begrudge paying rent when we're being mistreated and palmed off left right and centre! Does anyone have any suggestions as to how we might make swifter progress than we are please? Any advice will be much appreciated

Thank you Overflow and Determindator It's so nice to have this site to speak to others who are in the the same or a similar situation...I probably would have spontaneously combusted by now if it weren't for you all. As we speak my mum still has smoke bellowing from each ear! and I'm chomping at the bit for the letter from the court so that I can appeal against the stay at yet more expense to myself! Better luck to everyone else and stay positive...the swines'll get theres!!

And many thanks to Lula for her continued support! you're a fountain of knowledge

You are a scream Dorisdave...My day is now almost bareable . I'll certainly double check the wording on that letter just in case it were a case of wishful thinking on my part! To be continued...oh, and when you say 'coke' you did mean cola didn't you? lol!!

Thanks Doris...I think a coke and a smile to start off with would certainly be a step in the right direction...! The letter said exactly that..I've written it word for word. Do you happen to know whether it's possible to request the case be heard by another judge (whoopsy..is judge supposed have a capital 'J' )? How is your case progressing?

Well..where do I begin Abbey's solicitor arrived completely ill prepared. She wasn't aware that Abbey were to have submitted an argument in response to my bundle, and even asked if she could have a look at my last letter from the court as she didn't believe the hearing had been allocated an hour! (I politely refused but read the main points to her ) she ran into the bathroom phone in hand and came out reading a document on how to handle the hearing...I snuck a look and could see it mentioned requesting a stay and offering the claimant expenses for that day as a gesture of goodwill. It also said that the chances of having to settle in this hearing will be very small..The district Judge was rude to myself and my mother beyond belief! He asked Abbey's solicitor whether she'd like a stay and complained about the size of my bundle being too big (he didn't actually read it as the packaging was just about off it and in my allocation hearing he told me to arrive prepared..er, hello?!)) when asking if I objected, I tried to explain that I did and that some courts are dealing with claims on a case by case basis. My mum asked if she could say something to which he replied 'Frankly no, you can't' He basically told me I was lying! My mum then tried to explain how insignificant the amount I'm claiming is to Abbey etc..but the Judge said that I'd had charges from as far back a 2000 so money isn't the issue as I'd waited until this year to begin my claim. He point blank refused to let me argue my point as per my appeal against the stay (I had my document ready) and told me to kindly take back the court bundle I'd sent him and await his letter! Does anyone know if it's possible to request a different Judge/Court? and also whether I am able to file a complaint against the Judge and his conduct? Otherwise I don't stand a hope in hell if I'm to be seen by him next time, and with there only being 2 judges at my court it's highly likely....all my hard work just feels completely in vain and I'm livid/disheartened beyond belief now Any comments would be greatly appreciated!

I completely sympathise will Cassoli as I experienced a similar outcome. Abbey's solicitor arrived completely ill prepared. She wasn't aware that Abbey were to have submitted an argument in response to my bundle, and even asked if she could have a look at my last letter from the court as she didn't believe the hearing had been allocated an hour! (I politely refused but read the main points to her ) she ran into the bathroom phone in hand and came out reading a document on how to handle the hearing...I snuck a look and could see it mentioned requesting a stay and offering the claimant expenses for that day as a gesture of goodwill. It also said that the chances of having to settle in this hearing will be very small..The district Judge was rude to myself and my mother beyond belief! He asked Abbey's solicitor whether she'd like a stay and complained about the size of my bundle being too big (he didn't actually read it as the packaging was just about off it and in my allocation hearing he told me to arrive prepared..er, hello?!)) when asking if I objected, I tried to explain that I did and that some courts are dealing with claims on a case by case basis. My mum asked if she could say something to which he replied 'Frankly no, you can't' He basically told me I was lying! My mum then tried to explain how insignificant the amount I'm claiming is to Abbey etc..but the Judge said that I'd had charges from as far back a 2000 so money isn't the issue as I'd waited until this year to begin my claim. He point blank refused to let me argue my point as per my appeal against the stay (I had my document ready) and told me to kindly take back the court bundle I'd sent him and await his letter! Does anyone know if it's possible to request a different Judge/Court? and also whether I am able to file a complaint against the Judge and his conduct? Otherwise I don't stand a hope in hell if I'm to be seen by him next time, and with there only being 2 judges at my court it's highly likely....all my hard work just feels completely in vain and I'm livid/disheartened beyond belief now Any comments would be greatly appreciated!

Thanks ICY and good luck with the Wedding...doesn't time fly!!:o I went back to Abbey the next day with the account number and fortunately was able to withdraw my money thank goodness. The cashier reckons the two accounts aren't linked and that I'LL have to look into it. Just to finish me off a letter arrives from them too: Dear Madam Your claim in relation to unauthorised bank charges is currently being litigated in the County Court. Although we believe the charges to be fair, clear and unlawful (Fnar!!) since you have filed your claim in Court, Abbey (along with six other banks and a building society) has become involved in legal proceedings with the OFT in relation to unauthorised overdaft bank charges. Pending the outcome of this test case, we are asking the County Courts to stay all claims relating to UOBC. A stay means that the case is put on hold (Because I'm obviously dim and don't already know that!!). If your claim has not already been stayed then, we have written or will shortly be writing to the County Court seeking a stay of your legal claim. As a result your case is likely to be put on hold until the outcome of the test case is known. Given the Court case, we have asked the FSA to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed this request subject to conditions that protect the complainants' rights. We have also asked the FOS not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. Exactly what will happen next will depend on the Courts. We do not know how long the test case will take - we have promised to proceed as quickly as possible, but inevitably given the importance of the issues being considered, this may take many months to finally resolve. We will keep you updated appropriately in respect of the proceedings with the OFT. In the interim, please retain your bank records, as this will make it easier for you to support your legal claim on resolution of the test case. We can assure you that we have kept a record of your legal claim. If we made you an offer (which they did but for a measly £400 earlier this year, not the £4000 they should have offered..most of which they've since taken back as charges!!) We may have written to you recently to make you a goodwill offer in full and final settlement of your legal claim. Provided that you have not rejected that offer (I accepted as part settlement only) the goodwill offer the Bank has made to you still stands and will be honoured. If you wish to take up this offer, the Bank will take this acceptance as "full and final" settlement of your legal claim. To accept the offer you must contact us within two months of the date of this letter. If you accept our goodwill offer as "full and final" settlement, it is highly unlikely you will be awarded a further sum at a later stage even if the test case established you were otherwise entitled to a larger amount. However, this does not preclude you from asking for repayment of any future charges if the Court finds they are unlawful. Please contact us if you are not sure whether you have an open offer or not. After the test case is finished Once legal proceedings between the OFT and the Banks have finished, we will resolve your legal claim as quickly as possible applying the principles established in the test case, which may generate a larger or smaller figure when compared with any current offer we may have made to you. The FSA requires us to ensure that your legal claim will not be adversely affected by the stay of your court proceedings. Yours faithfully ..... Is this now a standard letter sent out to everyone with a court date looming? Am I right in assuming that unless the court contacts me to state otherwise, I'm to attend as planned? It's never starightforward is it Any thoughts anyone??

Well I finally received a letter from the court with my court date (21st September). They want the bundle etc submitted at least 14 days before. It's been allocated an hour - ABBEY obviously have lots to say then?! After having had my purse stolen a couple of weeks ago I contacted Abbey to cancel my cards which they did. They've refused to replace them until I start paying money into my account. I've gone into a branch today to try and take out money from a savings account (as I wander whether they'll try and take it and use it to pay the charges that are still accruing on my current account).And whaddya know???.. they aren't able to trace the account unless I know the account number (which I didn't have handy at the time). Am I being cynical or is something just not right about the whole situation?

Excellent! Congratulations...What a farce the ShAbbey lot are! There's hope yet for us all

Hi Pumpkin07 I've just read your story so far...how did it go today?

The voice of reason has spoken:p Thanks Lula...I'll do that..you're a star x

Thanks a million Barracad...

I called the court to find out whether there had been any developments..They said that I'm just to wait for a letter in the post from them. I've tried reading other threads but nobody seems to be in my predicament. I'm really at a loss now as to what I should be doing...anyone? Also, would anyone happen to know who I'd speak to at Ashursts and what their contact number is please? Thanks in advance

Ilford County Court

Hi Guys I've heard through a few people that it is sometimes possible to approach companies with a settlement offer (which is less than the remainder of the debt/loan etc but is considered an acceptable amount), but that they generally will accept it as full and final payment. Does anyone have any experience of this, and is there a template letter that I could get hold of at all please? I'm hoping to approach a couple of loan companies to do just that but wanted to do it properly. I have also been told of a lady who sent a cheque in to a bank with an accompanying letter saying she wished it to be seen as a full/final settlement but they cashed the cheque, denied it was a full and final settlement and demanded the balance! no justice I tell you! any help would be greatly appreciated!

Thanks for all your wise worlds Lula...unfortunately they, nor my nicely compiled folder saw the light of day as Abbey failed to turn up. The Judge said that as he wasn't able to hear both sides of the argument, that the claim will be allocated to the small claims track and will be heard at a later date "probably in the next couple of months or so" I'm to submit a skeletal argument to both the court and ShAbbey nearer the time..blah blah blah.. He suggested I get legal representation as I would have to argue my point convincingly and although he's scheduled an hour, he believes it may last longer..call me unlucky..no, please do! What now?!

I can't believe tomorrow's my court date! Well...I think I'm all sorted with regards to my paperwork. The only thing confusing me is whether my situation differs slightly as I skipped the allocation questionnaire procedure? Along with my schedule of charges I have the witness statement, draft order for directions,a copy of the order, a statement of evidence with examples of my own... Is this correct? I know I'm leaving it to the last minute to ask but as it draws nearer I'm getting nervous and wondering if I've missed anything out or worse done it all wrong..I need a drink!

Having not received any other correspondence from the court re: my claim, I gave them a call again today. They confirmed that I'm to be there on the specified date but when I asked her if I was to submit a court bundle she said that that wouldn't be necessary. Should I go ahead and put one together to bring with me just in case? I don't want to turn up there ill prepared..:? Obviously it would be a beautious occasion if they were to contact me to settle beforehand, but to be on the safe side I want to be ready for any outcome. Also, as ShAbbey have continued to charge me regardless of me not having used the account for months, would I be within my rights to demand that if they do settle, they include the charges up to the court date? I've tried phoning but am being kept on hold for 10mins+ each time so have given up! Answers on a postcard please

Hi there Camdenite After further investigation I have been told that my access can only be restored if I agree to a 'cashcard' instead of the Visa debit one I currently had. They would then issue a new password etc to allow me online access..I refused but last week received one in the post anyway! I'm not allowed my debit card back until I use my account 'properly' for at least 6 months...they're not playing nicely at all...but then again did they ever?! To date I'm still accruing charges on an account that I don't use..so I transferred the money they paid in into the ISA instead Do let me know how you go...my guess is it's probably still being 'looked into' x

Congratulations Bankclaim...here's hoping mine will turn out the same! I called the court today to enquire whether there had been any further developments but was told that I was to just wait for them to get in touch :-| ...So my court bundle is gathering dust at the mo!

Thanks Lula...I'll do just that...let's see how the story unfolds shall we?!!

It says - Take Notice that the Direction hearing will take place on 18th July 2007 at 2pm at Ilford County Court.... To consider allocation and/or transfer to Mercantile Court. When you should attend: 15 minutes has been allowed for the hearing. Please Note: this case may be released to another Judge, possibly at a different Court.

Or maybe not according to the lady I just spoke to at the court!! As there were no instructions with my court date letter re: submitting a court bundle I called them direct. The lady said that I wasn't required to submit a court bundle if it there weren't any instructions too in my letter... Is this new? I don't want to have gotten this far to get it wrong when the end is nigh!! Anyone por favor?