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Hi FF,

 

Nice to see you:)

 

It's all been happening...................Foxylady is the court bundle queen........she's been busy busy and sent it off in double quick time. :) mj has suddenly become the pin-up of the whole CAG site, with BankFodder himself posting on her thread:D cassie is still waiting for a notice of directions from the judge as is kia, and I'm in a vile mood because I had the same AQ from Abbey as you did and the Judge went with theirs and not mine:mad:

 

to be continued....................;)

 

PS if you're looking for sam78, she's not here anymore...................................because she's been moved to "successes"

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Charley.......

 

Cant belive the judge went with theirs!?! So have you heard from them to "resolve" the claim since?? How long did it take for you to hear back from the judge.

 

Blimey, gobsmacked!

 

Fx

8) FoxyFiona

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FF,

 

I waited 2 weeks and then phoned the court to find out what was going on. Court date for 6th July and exchange of docs(court bundle) 14 days before:mad: The only consolation is I earn £100 in interst while I'm waiting.:)

 

Not heard anything from Abbey, so I'm doing the cb now in an attempt to focus their minds to reach a settlement.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Just cant believe the judge didnt see through it as a stalling tactic!

 

I hope that I dont have to wait too long the whole thing is grinding my nerves down already. I sway from being totally narked to weak and lifeless and back again :eek:

8) FoxyFiona

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Couldn't agree more...............I was on here last weekend doing my Mr Angry impression, and snapping at anyone and everyone. And then mj goes and gets a fantastic Judge who just kicks Abbey out without so much as a by your leave:)

 

So are you at the totally naked or weak and lifeless stage at the moment??;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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mj has suddenly become the pin-up of the whole CAG site, with BankFodder himself posting on her thread

 

Site pin-up that made me laugh, good job I had my high-lights done last week ;)

 

 

And then mj goes and gets a fantastic Judge who just kicks Abbey out without so much as a by your leave

 

 

:D

Fiona hang in there you will get your money in the end,

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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hi foxyfiona,

 

Well you have already heard how im getting on from charleyfarley bless him well we are waiting to hear now prepared the court bundle posted to abbey got to wait until 14th May to see if abbey reply then will post court one off to them as I will have to let them know if abbey stuck to the directions.

 

I had lots of sleepless nights and running around after 3 children and trying to run my business was not very easy but hopefully it will be over soon.

 

keep you posted.

 

Foxy :) :) :) :) :) :)

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May the force be with us all :-)

 

Charley - definately weak and lifeless!!

 

Power to you Foxylady - Im drained running after 1 child (and the hubby of course!)

 

Mariejader - Well done again - would have liked to be a fly on the wall at the Abbey office then :-) :-)

 

Fiona;)

8) FoxyFiona

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HOPPIN MAD!!

 

Judge has gone with Abbey and granted one months stay to try and resolve so abbey now have until 2 June then til 16 June to present something else was so mad by then I stopped reading!!

 

I dont know about you guys but I will be stunned if I hear anything in the next month from them..........

8) FoxyFiona

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Hi FF,

 

How can there be so much difference in procedure between one DJ such as mariejader's and kia's and ours?? It shocks me that there can be so much of a difference over what is essentially an identical case, and doesn't inspire confidence in the judicial system.

 

 

I'll see if I can find a thread about stays for you, and I'll have a think what you should do.:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi again FF,

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/85935-claim-stayed-help-please.html?highlight=stays

 

The whole point about a sta is that it is intended to provide an opportunity for the two sides to reach an agreement without going to court. You could apply for the stay to be lifted, but my thoughts would be to get in contact with Abbey and propose a deal.

 

Do it by e-mail so you've got a record unless you are very confident on the phone, and have a really good think about what you would settle for. They will try and get you to take 50% or maybe up to 75%, but I wouldn't say yes for less than 95-98%, so haggle.

 

If they muck about then just tell them you're going to apply for the stay to be lifted because of Abbey's intransigence in the negotiations. Remember at all times that they don't want to go into court so DON'T let them bully you and include all your costs including court bundle in your figures.

 

Good Luck:)

 

 

 

 

PS Pm me if you want any detailed advice

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Fiona I am not surpised you are mad, here is a link about removal of the stay

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Hi guys,

 

Thank you for you advise you have both given me something to think about.

 

I was just going to sit tight and wait to see if they contact me, but now am thinking would the judge see that as me being awkard and not trying at each opportunity to resolve it without going to court??? Making me as bad as the abbey.

 

Going to give myself a day off it today, but tomorrow am going to start reading again the success stories and see if I can apply their approach to my case. And then am going to get my stuff together in preparation for battle.

 

It still beggars belief that the same cases can be dealt with so differently but hey ho thats life, I wont let it grind me down.... What doesnt kill you makes you stronger eh CharlieFarley!:rolleyes:

8) FoxyFiona

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Hi Fiona,

 

As you say .........."don't let the ba***rds grind you down";)

 

The thing to bear in mind at all times is that it's your money, by any measure it's unlawful, they don't want to go into court and are just trying to put off the inevitable..............so pressurise them and they'll concede.

 

Keep smiling and you'll infuriate them as well:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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can i ask a question

 

when abbey refund you apr of the money,do you take it off the claim amount each tiome before you go to MCOL??

 

 

I'm reading that as "a part" of the money...................yes you do. Once you've gone to MCOL or N1 stage then it costs you £35 non-refundable to amend your claim. Same applies if you are charged any more charges pre-MCOL.

 

If that should read as "APR", then I haven't got a clue:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Well Guys it didnt take long for the banks to start exploiting the Berwick vLloyds case. I got a letter from the Abbey today (in our month of negiotations).........

 

"We refer to the general form of judgement or order staying this claim for settlement,.

 

We also refer to the recent judgement of the court in the matter of Berwick and Houghtons vs Lloyds TSB where in it was found that "there was no grounds in law for recovering from the bank the amount of any charges he had paid to it"

 

In a final attempt to resolve this claim, Abbey National PLC is prepared to make a payment to you in the sum of £2400.00 in full and final settlement of your claim.

 

My total claim is for £9960, so this fall a tad short......:mad:

8) FoxyFiona

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Hi FF,

 

The answer to that is see you in court then, and we'll see who's right:mad:

 

I would respond saying you might accept £9900, but nothing less. Dig up some of the technical jargon about the Lloyds case from Noobrider's thread or from BF's thread about it, and explain to them that the two cases are not related so they can stick their £2400 where the sun don't shine:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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My arguement is if they are so right, why offer anything at all!!

 

Anyway, now got a bit of reading upi to do and a strategy to sort out, thanks for all your help CF, its much appreciated.

 

The banks are sooooooo predictable, it beggars belief!

8) FoxyFiona

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You can't blame them for trying, but I've just checked my Defence from Abbey after reading noob's thread, and sure enough paragraph #8 states "Breach of Contract" etc, so I'm sure yours will as well.

 

Make sure you get a figure in your head below which you won't go, but don't let them know it, and just stick and be stubborn until they get there. it's your money after all but it sounds like you're getting very close now:)

 

Have you got figures for your costs as well??

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Havent done it yet, am going to gather all my bits together tonight, have a very strong cuppa (dont drink) and start constructing a plan.

 

Had the offer been anyway realistic I might have accepted it, but that was a LONG LONG way off.

 

Must admit feeling very out of my depth at the moment but not going to let them win, the swines.:rolleyes:

8) FoxyFiona

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Hi,

 

I am currently claiming £9960 from Abbey, at the moment the Jedge has granted a months stay to resolve it between ourselves. Yesterday received this letter from Abbey.........

 

Dear .......

 

We refer to the general form of judgement or order staying this claim for settlement,.

 

We also refer to the recent judgement of the court in the matter of Berwick and Haughtons vs Lloyds TSB where in it was found that "there was no grounds in law for recovering from the bank the amount of any charges he had paid to it"

 

In a final attempt to resolve this claim, Abbey National PLC is prepared to make a payment to you in the sum of £2400.00 in full and final settlement of your claim.

 

There must be some charges incurred for the defaults that have in fact occurred on your account.

 

We trust you will view this offer as a genuine attempt to reach an amicable resolution of your claim without recourse to a fully contested court hearing.

 

Should you wish to accept this offer please sign the enclosed copy of this letter and return the same to us in order that payment can be processed.

 

We look forward to hearing from you.

 

I would be grateful if anyone especially a moderator could advise what stragegy to take now???

8) FoxyFiona

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Tell them to stop wasting pinting ink.

 

See this thread:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/90813-pompeyade-abbey-offer-made.html

 

The actions in the above thread show just how seriously (not) Abbey take the Lloyd's result. It should also be pointed out that if 'Kev' had said 'YES' when Judge Cooke asked if he had broken the contract by writing out a cheque where money was not in the account then Judge Cooke could have accepted that the charge was a 'penalty' and not a 'fee'. Judge Cooke also immediately gave 'Kev' the right to appeal (in my opinion so that a presedent could be set when the decision is overturned in the High Court).

 

Keep at them, and question Abbey as to why they settle other cases and not yours.

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My temptation would be to ignore this and continue with your claim-especially as they are only offering you 25% of the sum that you are owed.

PPMAN159

 

If this comment has helped please click on the scales.

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The ruling on the Lloyds case was fundamentally based on the fact that the claimant had NOT breached his contract with Lloyds and that they were not penalty charges.

 

Abbey's defence clearly states (usually in para8. :cool: The Claimant's contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the defendants administrative expenses incurred DUE TO THE CLAIMANTS BREACH OF CONTRACT and are a genuine pre-estimate of the damage suffered by the defendant

 

This is from noobs earlier thread and is the key difference between the two cases:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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