my day in court ***WON***

[qae]

they have offered the full amount. i said i would call back.

[jansus]

Well done I am so pleased for you - another thread to change to WON

 

I cant think of any reason you would not accept can you?

 

Just before christmas as well.

 

Fantastic

 

Jan:D

[jansus]

When you get the final approval ( I got my cheque quickly after agreeing ) I think we should spread the news to help a few others:D

 

Jan

[Guest littlesally]

Well done!!!!!!

Really pleased as this holds out hope for many others.

Well done for sticking with it.

 

Pretty important quote!

Patricia Hewitt stated to the Bankers Assoc on 26/10/2006 that ' adirect payment is not money that belongs to an individual, it is public money to be spent on the persons care and needs. Taking this money will mean their care and needs are not met'.

 

Sally xx

[qae]

thanks everyone. i couldn't have done it without your support. wragge said money in account within 5 days, then i will phone them. they will send a letter for me to confirm i have received money. then call court to confirm payment in full and cancel court date in february.

should be home and dry by next friday. i will post and let you know, thankyou all again, qae. xx

[jansus]

Soon have the thread title changed to "WON " then!

 

JAn

[Guest littlesally]

I have reported it twice now, so hopefully one of the mods will spot it

Sally x

[jansus]

Maybe this will get their attention

 

WELL DONE

ANOTHER WINNER

 

PERSEVERENCE HAS PAID OFF

[slick132]

Hi Qae,

 

Congratulations on your win - great result.

 

Thread title will be changed for you.

 

Slick

[qae]

thanks again lovely people, i will post again when the money is in. :)

[zootscoot]

Excellent news

Congratulations !!!!! :D

[qae]

I've got my money. :). Happy xmas kids, love mum

[Guest littlesally]

xxx

Have a lovely christmas

Sally x

[jansus]

Yes same from me

 

Jan

[abroadgirl]

congratulations well done you

i have a date 8th jan so ur thread will help me i am so scared and i dont want them to see this after all they took it from my dissability and mobility payments twice they left me with nothing

well done i am going to read nand read here

i have 7 hard back folders and i am so confused i dont really know what to take with me for the court bundle they lady at court said i am well ahead of myself

lol

well done congrats have a lovely chrixtmas

hugs

abg

[Guest littlesally]

Abroadgirl,

If you start your own thread and write down the details someone will be able to help and support you.

There is a good site helper, Steven who is pretty knowledgable about benefits, look out for his threads and posts.

Hopefully he will see your thread.

All the best,

Sally x

[qae]

Dear Abroadgirl, i would definitely write the bank/solicitor a hardship letter asap. use the same form as the ones on this thread but to fit your details. I also included an 'expenditure form' which showed my incoming/outgoing money side by side. My totals were almost the same, proving my acute financial hardship.

The FOS framework is clear but the Banks must be reminded to use it in our cases.

Good luck. Keep us posted

[abroadgirl]

hello thankyou for your replies i do have a thread but theres lots lol

if nayone wiuld like to see it or want any help im at

abroadgirl v abbey

i will help in any way i can if there isnt anything in there already

tyvvm qae i will have a look at the post for enspenditure etc tyvvm for everything

hugs

abg

[abroadgirl]

hi qae and all well here is how it went yesterday at court 8th jany 08

i hope that this will help anyone who is going to court

hugs abg

 

this is how it went, we arrived at the court about 30 minutes early booked in and sat down to wait, after about 15 minutes a very smartly dressed lady came over to us and introduced herself as Mrs. ? Newstead ( sorry I have forgotten her christian name )and said that she was representing Abbey. She then handed us three documents reffering to other case that had lost their stay applications. The first on the Human Rights argument, ( 1 case ) the second on the Overriding Objective argument ( 3 cases ) and the third Balance of Convenience/ In the Alternative ( 4 cases. . On these she would base he objections. At ten past two we were called to the Judges Chambers, all very informal where we introduced ourselves to the Judge, who bore a remarkable resemblance to Paul Daniels In fact I kept expecting him to sau " you are going to like this, not a lot, but you will like it" LOL (me) explained that it was her wish that I speak on her behalf and this was agreed, somewhat reluctantly by Abbey`s Council (she seemed miffed when Judge asker her if she was a barrister, so presumably the sent a fairly large gun ), any how I asked if judge minded if I read out skeleton argument as I really had not had great amount of time to prepare more arguments. He decided that they would be quicker reading it for themselves , he got through his fairly quickly, but Ms Abbey Rep was slower and making copious notes, He then asked me if I had any further to add I replied that I felt it prob. for best that if there were any questions I would endevour to answer these he agreed and queyed one or two minor points and asked Abbey if she had any and she replied this is all new and was unprepared. judge then asked me if I had any other reason why stay should be lifted in view of test case startin on monday and expected to be settled in 8 days , the way he asked the question that the only answer I could give was no without making a fool of my self. he then went into general conversation abot test case, how some arguments had already been ruled on in many cases and he would not go counter to these rulings he then cross examined Abbey re taking charges from benefits saying there was no guidance for him on this issue, abbey jumped in here and produced book of relevant legislation and quoted sections we had used and stated "in my opinion these sections refer to loan sharks, unscupulious hp companies and other undesirables having access to clients funds , like pension book [problem] that used to go on" and banks remarked the judge to wich she made no reply. Judge then said he would not rule on this issue as case must be decided in high court by someone taking back to court specificaly to stop them taking these charges and nat as part of a claim. (was this some advice I am wondering) he then informed us that he would not lift the stay for several reason but mainly the close date of test case, and that he had been incontact with Abbey in regard to this and other cases and they had said they would appeal decision pending out come of test case so really there was no point in lifting stay other than to waste everyones time. so there we go we did not win but do not feel that we lost either, and went away both of us with the impression that had the test case not been so near then we would have won He was very symathetic to us, and at times short with Abbey rep. Oh and before I forget after he gave his ruling I asked about altering mrs x (me)claim to which he agreed and stated that he would record this in his ruling, Abbey were not keen, saying that we could ask at later date to amend claim but he insisted no I will enter it in ruling and then mrs xxx (me) can just send amendment to the court to be attached to claim. I asked if another N244 application would be required and again he said no, just send polite letter to court.

 

So we didn`t get stay set aside, What I think the DJ law was telling us is that he is in agreement with our view on what this sections mean, but that someone has to take the banks to court for taking charges from their account on this count only and not as a part of a small claim to get charges refunded. That way a definative ruling can be made clarifying this grey area. Abbey rep was NOT impressed with a lot of his observations on this subject.

now i feel i want to go all the way and go too the courts about the ruleing of the benefits etc.

 

also the judge said before he started that he HAD read my paperwork and that for his reasons he sympathies with me and ghee i carnt think of the other word he said I think it was respect, what it was i felt he was for me & my hubby and i really thought he was going to lift the stay

he turn to abbey rep and said abbey was wrong at at fault she sat reading the notes and makeing points before we went in and that i thought oh god look at all them etc i looked at stone and bless he looked at me nodded with a smile as much as to say dont worry love we have alot more to go on than her lol

but she didnt point anything out apart from what stone had said but i had to laugh to myself as when but when they were reading the papers that stone gave to them the dj had read and then glanced at the rest and we all sat there waiting for the rep abbey think her name was jen, to finish reading hers she really read most of it as she kept looking at the judge then carried on now n then she would look up at the rep then she just glanced throu the rest and kinda give a sie, so she didnt read the rest as she must have felt embarresed all waiting for her heeheehehehe

we all left at about nearly 3pm so we were in a while with dj law he was smaller than me im only 5 1 with a stretch abbey rep must have felt at a loss well thats how she looked to me anyway

 

wait for it

are you allowed to shake there hands? Judges I mean

well guess what

i held my hand out to shake his hand

he turn to abbey rep and said abbey was wrong at at fault she sat reading the notes

i held my hand out to shake his hand

i wanted to give him a what we call a proper hand shake omg that dont sound write hahahaha

and his hand shake to me you would say it wasnt a genuine one he shook my hand like the queen does finger tips if u know what i mean

yes I shook the judges hand hahahahahahahah

arh well

if i am write he also said he felt that the case want strong enough to have the stay lifted although he sided with me as i only told the truth and that with the oft case being near etc

so all in all it was in fav for me so now I will have to wait for the results of the oft test case if the banks loose then we will be paid if the banks win we all have lost so I guess we are hopeing that the judges will rule in favor that the charges which now the banks are calling fees are not fair

keep listning to the news etc and it will I guess be in the papers so the court cases start on Monday 14th jany for 8 days…………………………..