Stay Lifted, Amended Poc Accepted, Claim Continues!!!!!!!

[srfrench]

Well I thought it may be of benefit to all those CAGgers who are unsure of continuing with their claims or don't know what to do next if I posted what is happening to me with my claim against Abbey.

 

It's been a bit of a rollercoaster these past 3 years with some highs and an unexpected low (the SCoJ Judgement), but it's just a case now of getting a grip, deal with the FACTS and continue!

 

I won't bore everyone with the initial claim whioch was started way back in July 2007 and within 3 months the claim was stayed on the Bank's representations to the Court. I didn't bother opposing as my other previously issued claim (French v Abbey (3)) had already been stayed following a mass hearing (which I opposed almost successfully) where I knew (and a good reasoning at the time) that the stay would be effected everywhere in the UK regardless. My claim is from 1996 -2001 with charges and interest taken from my account of nearly £1400. It also has a request for restitutionary damages to be considered as well!!

 

So this was the status quo up to January 2010 where I had to make an application to unstay the claim by February 4th 2010 otherwise my claim would be struck out!!!

Edited March 13, 2010 by srfrench
Additional info

[srfrench]

I made an N244 Application (cost £75) cough cough, on the 28th January 2010.

 

I asked the Court to make an Order to lift the stay and permission be granted to amend my Particulars of Claim because the claim was stayed pending the final determination in the OFT v Abbey & Others test case and judgement was handed down by the Supreme Court on the 25th November 2009. The claimant wishes to continue with his claim and in order to take into account the issues clarified by the Supreme Court judgement, amend his Particulars of Claim accordingly.

 

I Attached a DRAFT Order to my application which read;

 

Draft Order for directions:

 

1. The stay in this case be lifted.

 

2. The Claimant shall within 14 days from the date of this Order file with the Court and serve his amended Particulars Of Claim on the Defendant.

 

3. If the Claimant fails to comply with this Order, the Claim will be struck out without further Order.

 

4. The Defendant shall file and serve the Amended Defence within 14 days of service of the Amended Particulars of Claim.

 

5. If the Defendant fails to comply with this Order, the Defence will be struck out without further Order.

 

I also then attached a Witness Statement in support of my Application which contained why my application should be considered in a favourable light, the grounds with which my Claim will be amended on and the argument as to why I should be granted permission to amend my claim and the the right to have my stay lifted and the right to continue my claim.

 

This went to 3 pages and was signed as a ststement of truth.

[srfrench]

On the 3rd February 2010 I received a letter from my local Court in reply to my application stating that (without time limit??) that the Judge requests that I attach a DRAFT of the proposed Particulars of Claim to my application.

 

On receipt of the Draft POC the application will be reffered back to the Judge.

 

This I did at the end of February nearly 3 weeks later

 

My new Amended POC contained the new argument around Reg (5) of the UTCCR's and the arguments succinctly highlighted by BankFodder in his post:

 

The Consumer Forums - Announcements in Forum : General

 

I have numerous letters, T&C's and their original defence to rip them apart with!

 

I then got another letter from my local Court stating that permission is given and have returned my Draft to me with the order to submit my final draft copy (x 2 - one for the Court and one for the Defendant) of the Amended Particulars of Claim within 14 days to the Court for service.

 

This I did on Friday 12th March 2010 and am now awaiting the Court to stamp the Defendants copy and to send it back to me in order that I serve it on the Defendant. This is required to be done by Special Delivery, and once you have sent it, using the receipt and tracking number, fill in and send to the Court a Certificate of Service form with the details filled in. This is the proof that the Court uses to not only confirm that the Amended POC was sent to the Defendants but also a date as to when the 14 days starts for the Defendants to reply with an amended Defence.

 

Certificate of Service form can be found here:

Her Majesty's Courts Service -Forms and Guidance

 

The interesting thing now is that once i serve on the Defendant they only have 14 days to file an amended defence otherwise their defence is struck out

 

We shall see.

Edited March 13, 2010 by srfrench
syntax

[landy_alert]

Hi srfrench:)

 

Just subbing and wishing you the best of luck!

 

I heard from my court today that my request for a stay extension of a further two months has been allowed and I will now be looking to submit new POCs in my claim against LTSB.

 

Will follow your progress with interest,

 

Landy x

[chubbas dad]

nice one frenchy.im at a similar stage to you.i managed to get four weeks to ammend my pocs and serve.im working on them now.will keep an eye on your progress.best of luck m8.

 

chubbs.

[srfrench]

If you need Any assistance chubbs PM me and I'll see what I can do 8)

[georgieboy]

similar state of play for me to and ammending poc to deliver to court next week - good luck guys. .......

[srfrench]

Good argument for the unfair relationship and dominance of the Bank in the contract:

 

BBC News - Banks may offer opt-out from unauthorised overdrafts

 

[HomerJSimpson]

Nice work frenchy;)

 

Lets see how Abbey like it up em.:grin:

[srfrench]

Indeed, I hope they don't

 

Just been in contact with the Court today to see if my final amendments were accepted and stamped by the Judge for service. They were!

 

Hopefully I'll be receiving the stamped Amended POC in the post Thursday of Friday so that I can then serve it on Abbey.

 

They then have 14 days to respond to it by filing an amended Defence. If they don't, Defence is struck out and I win by default!!!!!

[srfrench]

Received the approved and stamped poc from the court today and will be posting it to Abbey/Santander on Friday by recorded delivery.

[georgieboy]

Well done and the best of luck - watching with "interest" ....

[srfrench]

Unbelievably curious this:

 

Received a letter from Santander yesterday, even though they acknowledged my claim in the Courts and got them stayed 3 years ago, stating that they are looking at my complaint (through their claims dept) and it will take approx 8 weeks to complete.

 

Are they absolute muppets or is there something going on?

 

Either way I've filed it and ignored it whilst filling in my Certificate of Service for the posting to Abbey/Santander of my Amended POC. I have 7 days from posting this, so as long as the Court receives this by Frday next week then no problems.

 

The Court needs this Certificate to measure when the 14 days is up for Abbey to file an amended defence

[HomerJSimpson]

Unbelievably curious this:

 

Received a letter from Santander yesterday, even though they acknowledged my claim in the Courts and got them stayed 3 years ago, stating that they are looking at my complaint (through their claims dept) and it will take approx 8 weeks to complete.

 

Are they absolute muppets or is there something going on?

 

Either way I've filed it and ignored it whilst filling in my Certificate of Service for the posting to Abbey/Santander of my Amended POC. I have 7 days from posting this, so as long as the Court receives this by Frday next week then no problems.

 

The Court needs this Certificate to measure when the 14 days is up for Abbey to file an amended defence

 

That does seem strange Frenchy, at least your local Court seems on the ball, I'm still waiting for the order of my hearing on 1st March 2010.

 

From Shabbey at least you're not getting the "We won, sod off" letters, so something may be afoot.

 

I received a letter from HSBC in January telling me "We won, sod off" which tickled me as they paid me £1423 as a gesture of goodwill in 2007:grin:

 

Best of luck, and have you translated your letters and POC into Spanish?;-)

HJS

[srfrench]

Lol....yeah I was expecting a letter saying that my claims were being struck out or such like, but it seems I had worded my claims initially quoting reg 5 utccr in the first place.... I wonder if that's the reason?

 

Still I hadn't thought of translating into Spanish but knowing my ineptitude at languages I'd sign off the statement of truth as "hast la vista baby!".

[HomerJSimpson]

A lot of us had included Reg 5 of UTCCR in our claims, shame the OFT didn't:rolleyes:

 

[email protected] doesn't reply to complaints personally. He gets an english speaker to fob you off with b)ll@x:grin:

 

Best of luck.

 

HJS

[srfrench]

6th April 2010 is the deadline...................

[SHELBELLE]

Hi French

 

I am in a similar postion with Lloyds, have spoke to the court today and need to send a letter in to the judge stating why I want the stay lifted and ask DJ for directions. I am a bit confused with it all.

 

Your advice on whether I should send the letter in or just submit an amended defence would be appreciated.

 

Subbing with interest, good luck.

 

S.B.

[srfrench]

My advice to you at the moment is to wait if there is no pressure to unstay your claim.

 

What is the stage of your claim and what has been the communications from the Court?

[SHELBELLE]

Hi french

 

Ok so you suggest I wait until I hear something to the contrary. Can I ask what situation made you progress with your actions please?

 

The last thing I received from the court was in November(pre SC decision) and it was a General Form of Judgement or Order, where it stated that:~

 

IT IS ORDERED THAT

 

1. Pending the outcome of proceedings in the High Court and concerning bank charges.

 

2. This order was made of the DJ own initiative(CPR Part 3.3(4). If you object to the order you must make an application to have it set aside, varied or stayed within 7 days of receiving it.(CPR3.3(5).

 

I also had a letter from the bank in January saying that basically they had won etc. In which they stated that if they did not hear from me before 9th March they would close the file.

 

My thread is titled Shelbelle v Lloyds, may be easier to reply there because I don't want to confuse your very informative thread.

 

Thanks

 

S.B.

[srfrench]

Well.......interesting.

 

Abbey had failed to file an Amended Defence leastways file an acknowledgement.

 

So today I filed with the Court a DEfault JUdgement form (N227). THis I have been reliably informed will be stamped today.

 

I made an initial error in filing the default Default Judgement form (N225), the one that gets sent to you after you file your Particulars of Claim. This would have been fine if I was claiming my charges plus the S.69 interest at 8%. However I was claiming restitutionary damages or in the alternative 8% and as such no figure can be writtem down in the amount claimed section. SO BE FOREWARNED IN CASE YOU CLAIM IS SIMILAR!

 

This has the effect now of still getting a Default Judgement, but it is now ip to the Court to set a Hearing date to discuss/determine the level of damages to award.

 

Also in the meantime, Abbey still have a 14 day window once the Default Judgement is made to file an application for a set-aside with a copy of their amended defence.

 

Failure to do that and Abbey have no chance in hell in getting the Default Judgement over-turned.

 

Buttock clenching fortnight ahead

[srfrench]

Ooooooo......interesting!!!

 

BBC News - Kensington mortgages fined by FSA for unfair fees

[srfrench]

Blip

Edited April 27, 2010 by srfrench

[Bookworm]

Niiiiiice.

[Night Owl]

Good luck srfrench..........I havent heard from Shabby about my stayed claim yet......or Lloyds come to that!