Jade-Simone vs Abbey

[Jade-Simone]

Hi,

 

I've had a look at GaryH's template and have printed every thing in preparation. I am going for the P18 option (request and notice to admit facts) before applying for a strike out but I'm not sure whether I wait until I hear from the court regarding Abbey's stay application or whether I send my request before I hear from them? Can I just post this to the court? Also is there a specifc form for P18 or is the printed version ok? I've prived everything as from GaryH's template.

 

Until reading GaryH's posts, I was not aware that Abbey had changed their t&c's. The whole thing is just laughable!

 

regards

-JS-

[Jade-Simone]

Hi,

 

I received a fast track allocation today with the following:

Upon considering the papers filed herein

Upon it appearing to the Court that:

(a) a test case has been issued in the High Court between the Office of Fair Trading and certain banks under the title Office of Fair Trading -v- Abbey National PLC and Others (Claim No 2007 Folio 1186) ('the test case'), with a view to determining issues of legal principle in relation to the recovery of charges made on bank current accounts and the applicability of the Unfair Terms in Consumer Contracts Regulations 1999 and other legislation to such charges

(b) further information in relation to the test case is likely to be available through the website of the Office of Fair Trading at:

The Office of Fair Trading: making markets work well for consumers

© the issues raised in the test case will affect this claim.

ORDERED that

1. This claim be allocated to the fast track and is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision).

2. The Defendant shall within 28 days of the final decision in the test case file at Court and serve on the Claimant:

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

(b) their proposed directions in this claim.

3. Upon receipt of the documents set out at paragraph 2 of this Order the file be referred to a resident District Judge to consider further directions.

4. Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay.

5. Any party affected by this order may apply to have it set aside, varied or stayed provided that any such application is made to the Court in writing no more than seven days after the date on which this order was served on that party.

Now that I have received this do I still send the P18 option (request and notice to admit facts) to Abbey and or the court before applying for a strike out? Or will it be wise to wait until the Oft test case?

thanks

-JS-

[Lula]

Hi, no you cant sent the CPR18 now as they case is stayed, they have no obligation to answer it,

 

Sorry

[Jade-Simone]

Thank you for your speedy response Lula, so I guess I just wait now or is there anything else I can do? Thanks

 

JS

[overflow]

HI JS

 

You can apply for the stay to be lifted.

 

Dont know if your on benefits but if you are then these cases are not normally stayed if you can persuade the court that to stay claim would put even more financial difficulty your way.

 

Regards

[Jade-Simone]

Hi,

 

No I'm not on benefits but at the moment I am just wondering whether it would be wise or to my advantage to have the stay lifted. How long do I have from the application of a stay to appealing against it? Thanks

 

-JS-

[Lula]

you can do it as soon as you like, I dont think that i would leave it too long though and be warned, possibly the only chance of it being successful is if you can show financial hardship by the case not continuing.