Need advice regarding my court case v Abbey

[bankchaser35]

Hi All,

 

I applied to the courts for my Bank Charges to be reimbursed, and along with many others had my case "stayed". I then applied to have the "Stay" lifted owing to hardship but this did not happen, instead my Order for Stay was amended to read:

 

++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

The Order for Stay ordered that:

 

1. The claim is stayed until the final decision in the case between the Office of Fair Trading and Abbey National plc and others (Claim No: 2007 Folio No. 1186), including any appeal ("the test case").

 

2. Within 14 days of the final decision in the test case, the Defendent must file and serve the following:

 

a) a case summary of not more than 500 words setting out the effect of that decision.

b) Suggested directions for this claim.

 

3. On receipt of the documents from the Defendant, the court will make further directions.

 

4. Either party may apply at any time for the stay to be lifted.

 

++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

It's now been over 14 days since the final decision was made and I've not heard anything from Abbey, can anyone advice how I take up this matter hopefully with a favourable outcome? Can I win by default etc?

 

Many thanks... :o)

[bankchaser35]

Just telephoned the Court and they said I should write in now to say that Abbey have defaulted on the court order... just checking their standard forms... N225 and N227?

[Aristoc]

May I just ask if your POC contained the new (clause 5 is it?) information. It's interesting that they've defaulted depite the test case.

[the_ent]

Yes

 

I have had exactly the same response

 

Does anyone have any decent coments ????

[bankchaser35]

I've not got paperwork to hand, but the POC was extracted from the sample letters on this site in 2007. I also added a query on money that had been mysteriously deducted from my account by Abbey too (which only amounted to about £50) with the rest of the POC requesting £2700 in charges.

[yourbank]

I've not got paperwork to hand, but the POC was extracted from the sample letters on this site in 2007. I also added a query on money that had been mysteriously deducted from my account by Abbey too (which only amounted to about £50) with the rest of the POC requesting £2700 in charges.

Have you contacted your local court and asked them about this and advice what to do now?

[bankchaser35]

yes telephoned the Court last Friday and they said that if I wanted to apply for Judgement by Default then should do it quick as lawyers were starting to contact courts and ask them to strike out all the stayed cases without looking at each case individually.

 

He couldn't advise whether requesting a default judgement would be successful or not though.

[bankchaser35]

the risk of course is that i either win (yay!) by default or NOT...

 

In which case I think I'd then have to put in a new claim if a new legal loophole comes to light (which means going back 6 years from now, and not 6 years from 2007, and it was between 2001-2004 that abbey were ripping me into smithereens with compounding charges upon charges)

[the_ent]

Hi as I stated I received the same reply from the court.

 

What shall I do contact the court??

 

 

Regards

[Aristoc]

the risk of course is that i either win (yay!) by default or NOT...

 

In which case I think I'd then have to put in a new claim if a new legal loophole comes to light (which means going back 6 years from now, and not 6 years from 2007, and it was between 2001-2004 that abbey were ripping me into smithereens with compounding charges upon charges)

 

I thought provided you can show you only recently discovered the charges were unlawful, you had 6 years from that date to claim back for all charges. ie, if you originally filed in 2007 it stands to reason you only discovered this stuff in 2007 and so you have until 2013 to claim back everything?

 

Am i wrong here?

[bankchaser35]

I think it only goes back x6 years from the date the claim is filed.

 

Still not heard from Abbey about this case.... can't believe there's no law to protect against charges when on means tested benefits, but I guess the Supreme Court judges have never been on the bread line to appreciate that giving most of not a lot in Bank charges, leaves you in extreme long term debt and poverty!

[bankchaser35]

bumping this up as still not heard anything from abbey?!

 

I'm not sure whether I should apply for defence to be struck out by default or still sit tight?

[srfrench]

Firstly....let me correct you on the 6Yr Statute Of Limitations Act.

 

6 Years is the time you can claim in following the reasonable establishment of when you first became aware of a situation.

 

In the case of BAnk Charges it's from the latest as 2006 or at the earliest 2009.

 

Either way you have till 2012 to file a claim based on knowing about the Bank Charges or till 2015 following the public broadcast and analysis of the SCoJ Judgement and the fact that the Court advised that the way to challenge the Unfair Bank Charges scenario was through the UTCCR 1998 Reg 5.

 

So get your claim in safely before 2012 and it can go safely all the way back to 1995 (possibly further but unsure).

 

Hope that clears that up!

[bankchaser35]

thank you srfrench....