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airbag

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About airbag

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  1. I need to restore an old company in Scotland that was dissolved voluntarily in 2007 as unfortunately my business partner (now deceased) did not change the bank account when we restarted the company. Stupidly, we kept using the same account for the new company. Now the bank has finally spotted the company is dissolved (took them 7 years) and froze the account and given the Crown all our money. About £4000 I have established we can restore the old company by court order for sole reason reclaim the money. There are no creditors. The costs of hiring a solicitor looked quite high and so I want to attempt this myself. Does anyone have any advice ? Long shot but just thought I'd ask. Main issue seems to be laying out all the information and evidence correctly in the order as there is no set form or template.
  2. airbag

    Airbag v Abbey

    Thanks. I went to court 3 times in all, but was a case of 3rd time unlucky. The final one wasn't pleasant, got a different judge and she was horrible.
  3. airbag

    Airbag v Abbey

    Well it's finally game over for me, my claim has now been struck out. I tried to defend it but was out of my depth. Oh well, balls to it. I was just days away from my court date when the OFT case began too. Wished they'd just stayed out of it but hindsight is a great thing. Very frustrating. Another win for the greedy banks. I wish good luck to everyone else.
  4. airbag

    Airbag v Abbey

    Yes, I will continue to read them when I can, especially that srfrench one. Thanks.
  5. airbag

    Airbag v Abbey

    Thanks Knelly Yes, I will have a proper read through Sfrench's thread and see if I can pick up a few nuggets from him. Quite looking forward to court now having never stepped foot in one before. I don't think I'll get to see wigs and banging of gavels though eh hehe.
  6. airbag

    Airbag v Abbey

    Here's a copy of the letter I am sending to the court as requested... Dear Sir or Madam, Re: Claim Number xxxxxxx Further to the Notice Of Hearing dated 7th April 2010, I enclose my proposed particulars of claim below as requested. My original POC on my Claim Form is as follows:- 1.) The Claimant has 2 accounts with the Defendant, xxxxxxxx (opened 3/97) and xxxxxxxx (opened in 1988) 2.) Since 28/02/2001 the Defendant debited charges and interest in respect of purported breaches of contract. 3.) Defendant is aware of all details as a list of charges already supplied. Another copy will be sent. 4.) Claimant contends (a) The charges exceed the Defendant's losses caused by the breaches (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Ad 1977 and at Common Law. 5.) Claimant claims: (a) return of the amounts debited of £685.68 (b) Interest per 5.69 County Courts Act 1984 of 8% = £213.03 continuing at 8% until judgment or settlement at a daily rate of £0.15. Total £898.71. 6.) Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7).Costs allowed by the Court. I have now requested that the stay on my claim, that was ordered on 10.8 2007 be lifted via the N244 Application Notice on 17th March 2010 and that I be permitted to continue with my claim. In the light of developments in the Supreme Court OFT test case decision in November 2009 and in particular their Lordships' dicta as to the possiblity of reg.5 Unfair Terms in Consumer Contracts Regulations 1999 as the way forward to recovering bank charges. I wish to amend my Particulars Of Claim to include reg.5 UTCCR as I have a good basis to show that the defendant bank has used its dominant position unfairly to misrepresent its charges as covering its administrative costs when in fact it revealed to the Supreme Court that its charges regime is a significant element of its core business plan. There are other reg. 5 grounds as well. I ask leave to amend within 14 days and the defendant have leave to file an amended defence within a further 14 days.
  7. airbag

    Airbag v Abbey

    Well looks like I'm on my own with this now. Just phoned the court for some guidance. Next week's hearing is basically about whether my stay will be lifted or not. I must attend else the judge may strike it out. I have to supply proposed POC in form of a letter before the hearing on 27th April, so I basically put a letter together best I could, and stated my original POC and what my new grounds will be if I am allowed to continue with my case. Not sure if I've done it exactly right but I've got to get it in ASAP. Court woman said the hearing will be informal and she put me more at ease about it. Hopefully in a week my claim will be back on. Fingers crossed.
  8. airbag

    Airbag v Abbey

    Anyone else got a court date? I've been trying to get hold of bankfodder about submitting a copy of my proposed POC which I need to get in before the hearing on the 27th April. Getting worried as time is running out, and Im not sure what to do next? (let alone what will happen in court)
  9. airbag

    Airbag v Abbey

    Heard back from court now, and I've got a hearing date! Eek. Both parties have to attend. I am able to. Anyone knows what stuff I need to know and how to prepare for this? The letter/notice from the court reads as follows. ---------------------- TAKE NOTICE that a Hearing will take place on 27 April 2010 at 3.00pm at Rotherham County Court. When you should attend: 20 minutes has been allowed for the Hearing And it is ordered that: The Claimant do provide a copy of his proposed particulars of claim before the hearing. Please note: The case may be released to another Judge, possibly at a different Court. ---------------------------
  10. airbag

    Airbag v Abbey

    My Application Notice (N244) was referred to the District Judge on 19/3/2010. Chased it up again today, still waiting to hear back from judge about an outcome. Give it a few more days she said as they have a back log.
  11. airbag

    Airbag v Abbey

    Phoned the court today to check they got it in the nick of time, and they had. Phew They said it has now been passed to the judge and to call next week for an update...
  12. airbag

    Airbag v Abbey

    Sent my Application Notice (Form N244) to Rotherham County Court on a special delivery requesting that my stay be lifted & to amend my POC. Included £75 fee payable to HMCS
  13. airbag

    Airbag v Abbey

    Fraid my scanner is over 10 years old and a bit pants. Hardly ever use it. It only really allows to scan to an image file. Can I just send you JPGs then? That's what I usually do and they can be printed out easily enough. I will name them all properly, correct orientation etc, no worries.
  14. airbag

    Airbag v Abbey

    Ok, I have now scanned in those docs (except new strike out order as that letter is still down at my Mums address in Rotherham, she is sending it up to me today) I have Photoshop and think I can Save my scans (currently JPGs) as Photoshop PDF's but I don't know how to create a multipage PDF. Have been looking into it, Googling etc but no joy. Can I just email you the JPEG files? Or is there an easy way to create a multipage PDF from them? Cheers.
  15. airbag

    Airbag v Abbey

    Thanks Knelly, its been indeed a very long time and maybe a slither of hope remains. I'm hoping Bankfodder can help me out with the next steps to amend my case. Here is the letter I got from Rotherham County Court. Airbag v Abbey PLC Dear Sir/Madam, The courts file of papers in the above matter was referred to the district judge for his directions. The district judge commented as follows: "In the above case which was stayed pending the outcome of the test case now determined by the supreme court, the defendants have written requesting the court strike out your claim as having no reasonable prospects of success. If such order is made the court will also make no order in respect of costs. If you object to the stay being removed and your claim being struck out you should notify the court, with your reasons, by 4pm on 19th March 2010." Yours faithfully, Miss W. Claims Section
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