Airbag v Abbey

[BankFodder]

Most scanner software will allow you to scan into pdfs and most will allow you to do multipage files.

Whatever you do please make sure that the filenames are descriptive - such as POC1 poc2 etc.

Also please make sure that the scans are in the right order and the right way round.

Basically check them and if you think that you would like to receive scanned documents like that, then it is probably OK.

You can't imagine what rubbish people send me. Meaningless file names, upside down, incorrect order, folded over etc.

 

I suppose that if they were paying £thousands for the help they got here they would take it more seriously and take more care.

 

You should try and sort out proper PDF files.

[airbag]

Fraid my scanner is over 10 years old and a bit pants. Hardly ever use it. It only really allows to scan to an image file.

 

Can I just send you JPGs then? That's what I usually do and they can be printed out easily enough.

 

I will name them all properly, correct orientation etc, no worries.

[airbag]

Sent my Application Notice (Form N244) to Rotherham County Court on a special delivery requesting that my stay be lifted & to amend my POC.

 

Included £75 fee payable to HMCS

[airbag]

Phoned the court today to check they got it in the nick of time, and they had. Phew

 

They said it has now been passed to the judge and to call next week for an update...

[airbag]

My Application Notice (N244) was referred to the District Judge on 19/3/2010.

 

Chased it up again today, still waiting to hear back from judge about an outcome.

 

Give it a few more days she said as they have a back log.

[airbag]

Heard back from court now, and I've got a hearing date! Eek. Both parties have to attend. I am able to.

 

Anyone knows what stuff I need to know and how to prepare for this?

The letter/notice from the court reads as follows.

 

----------------------

TAKE NOTICE that a Hearing will take place on

27 April 2010 at 3.00pm

at Rotherham County Court.

 

When you should attend: 20 minutes has been allowed for the Hearing

And it is ordered that:

The Claimant do provide a copy of his proposed particulars of claim before the hearing.

 

Please note: The case may be released to another Judge, possibly at a different Court.

---------------------------

[airbag]

Anyone else got a court date? I've been trying to get hold of bankfodder about submitting a copy of my proposed POC which I need to get in before the hearing on the 27th April.

 

Getting worried as time is running out, and Im not sure what to do next?

(let alone what will happen in court)

[airbag]

Well looks like I'm on my own with this now. Just phoned the court for some guidance.

 

Next week's hearing is basically about whether my stay will be lifted or not. I must attend else the judge may strike it out.

 

I have to supply proposed POC in form of a letter before the hearing on 27th April, so I basically put a letter together best I could, and stated my original POC and what my new grounds will be if I am allowed to continue with my case.

 

Not sure if I've done it exactly right but I've got to get it in ASAP.

 

Court woman said the hearing will be informal and she put me more at ease about it. Hopefully in a week my claim will be back on. Fingers crossed.

[airbag]

Here's a copy of the letter I am sending to the court as requested...

 

Dear Sir or Madam,

 

Re: Claim Number xxxxxxx

 

Further to the Notice Of Hearing dated 7th April 2010, I enclose my proposed particulars of claim below as requested.

 

My original POC on my Claim Form is as follows:-

 

1.) The Claimant has 2 accounts with the Defendant, xxxxxxxx (opened 3/97) and xxxxxxxx (opened in 1988)

2.) Since 28/02/2001 the Defendant debited charges and interest in respect of purported breaches of contract.

3.) Defendant is aware of all details as a list of charges already supplied. Another copy will be sent.

4.) Claimant contends (a) The charges exceed the Defendant's losses caused by the breaches (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Ad 1977 and at Common Law.

5.) Claimant claims: (a) return of the amounts debited of £685.68 (b) Interest per 5.69 County Courts Act 1984 of 8% = £213.03 continuing at 8% until judgment or settlement at a daily rate of £0.15. Total £898.71.

6.) Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

7).Costs allowed by the Court.

 

I have now requested that the stay on my claim, that was ordered on 10.8 2007 be lifted via the N244 Application Notice on 17th March 2010 and that I be permitted to continue with my claim.

 

In the light of developments in the Supreme Court OFT test case decision in November 2009 and in particular their Lordships' dicta as to the possiblity of reg.5 Unfair Terms in Consumer Contracts Regulations 1999 as the way forward to recovering bank charges.

I wish to amend my Particulars Of Claim to include reg.5 UTCCR as I have a good basis to show that the defendant bank has used its dominant position unfairly to misrepresent its charges as covering its administrative costs when in fact it revealed to the Supreme Court that its charges regime is a significant element of its core business plan. There are other reg. 5 grounds as well. I ask leave to amend within 14 days and the defendant have leave to file an amended defence within a further 14 days.

[KnellyK]

Hi Airbag

 

I can't give advice but I can offer moral support and I can cross my fingers with you!

 

Have you read S French's thread ~ there might be some useful information there as he seems to be a bit ahead of you.

 

Good Luck

 

KK:)

[airbag]

Thanks Knelly

 

Yes, I will have a proper read through Sfrench's thread and see if I can pick up a few nuggets from him.

 

Quite looking forward to court now having never stepped foot in one before. I don't think I'll get to see wigs and banging of gavels though eh hehe.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/251476-stay-lifted-amended-poc.html

 

Link to a thread above which could be interesting.

 

Have you looked at other threads in the Abbey Forums ?

[airbag]

Yes, I will continue to read them when I can, especially that srfrench one.

 

Thanks.

[airbag]

Well it's finally game over for me, my claim has now been struck out.

I tried to defend it but was out of my depth. Oh well, balls to it.

 

I was just days away from my court date when the OFT case began too. Wished they'd just stayed out of it but hindsight is a great thing. Very frustrating.

 

Another win for the greedy banks. I wish good luck to everyone else.

[charleyfarley]

airbag,

 

that's a b*gg*r!!:mad: You were so close to getting your money back as well

 

Like you say, good luck to everyone else

 

All the best

 

cf

[KnellyK]

Well it's finally game over for me, my claim has now been struck out.

I tried to defend it but was out of my depth. Oh well, balls to it.

 

I was just days away from my court date when the OFT case began too. Wished they'd just stayed out of it but hindsight is a great thing. Very frustrating.

 

Another win for the greedy banks. I wish good luck to everyone else.

 

Really sorry to hear that.

 

Well done for having the nerve to give it another go on your own though.

[airbag]

Thanks.

I went to court 3 times in all, but was a case of 3rd time unlucky. The final one wasn't pleasant, got a different judge and she was horrible.