James33 Taking On Abbey

[JAMES33]

Thanks for the support Matty and Charley! Nearly finished my bundles now just copying my statements will get them finished tomorrow and probably take one by hand to Court on Thurs and post abbey's off - do you know if it's best to send it via Special Delivery to Abbey or just normal recorded?

[mattyb13]

I sent mine special delivery today. The reason I sent it special delivery is because it should really be there tomorrow but Royal Mail are having more strikes tomorrow but specials are still guarenteed to get there as they are taken out by managers.

 

I dropped mine it at the court today

[JAMES33]

I think I might send mine my Special Delivery too just so Abbey can't deny having received it! I suppose we will just have to wait with fingers crossed now that the Judge doesn't grant abbey a stay. Good luck Matty:)

[JAMES33]

Submitted my bundle to the Court today, wait and see what happens now

[TUTTSI]

James which court are you with!

[charleyfarley]

Submitted my bundle to the Court today, wait and see what happens now

 

 

well done:D

 

lets hope they don't pee you about any more than they have done already

[JAMES33]

Hi dsilverstein, I'm with Worcester County Court

[JAMES33]

Thanks cf - not getting my hopes up as lots of courts seem to be going with the stays when it gets to hearing time, haven't actually heard of anyone attending a hearing recently and winning which is a bit offputting!

[TUTTSI]

Hi James

Have just read this thread minsters vbmenu_register("postmenu_1062373", true); and they have won since the OFT test case, the Judge would not give the stay and I believe there is another case also mentioned on that thread that has also won.

 

Please do not worry and be prepared.

 

DS

[JAMES33]

Thanks for the link DS! Yes that is reassuring to read - feel a bit better now.

[psm]

Just got this advice from GaryH.

 

Just re-submit with the new bundle and witness statement. Doesn't matter that you've already submitted one or that its late - if its a small claims hearing it'll be allowed.

[JAMES33]

Thank you so much for that psm - do you (or garyh if he reads this!) know if I have to re-submit my bundle to abbey too - I presume they don't even read them, probably "file" them like the jokers in the Natwest adverts:D

[psm]

I would have said yes you will have to send to Abbey

[JAMES33]

Could some clever person out there please tell me if I have to submit a completely new bundle or whether I can just submit the new witness statement and any items referred to in there which I didn't send before - Many many thanks:)

[JAMES33]

B U M P ! !

[JAMES33]

Still haven't received anything from the Court telling me that my case has been stayed - thought I would have done since Matt received his on the morning of his hearing from the same Judge! Not sure whether it's worth sending in this new bundle now as I presume mine will just be stayed too:(

[JAMES33]

I have just spoken to Worcester County Court and they told me that my case is still listed to be heard on 6th September. Abbey have not requested a stay yet. I told them that other people I knew had not received notification that their hearing had been stayed until the actual day of the hearing and that I thought this was totally unacceptable. He said that unless any applications were received at the last minute they would notify me beforehand. I said that it was totally unfair that Abbey could request a stay just before the hearing when they haven't even submitted a bundle and obviously have no intention of defending my claim and that the stay would be granted without any recourse to myself and without me having any opportunity to argue against it. He sympathised with me but said that I would be entitled to apply for costs if I had a wasted journey. Not very happy because I am positive that a stay will be granted at the hearing if not before and all my effort will be a waste of time. Have got further documents ready to add to my bundle but really not sure if it's worth bothering to be honest. sorry for the long-winded rant but I am really depressed about all this at the moment as you can probably tell!

[adam1976brown]

dont be disheartened james... keep ur side of the order and let abbey dig themselves a grave.....i spoke to my court today and was told if they had not recieved a stay by now then it would have to be on the day... if abbey have not sent anything in upto then then the judge will not look upon this lightly.... print off the argument for a stay to be denied and take it with u on the day.... u both have to agree to the stay unless the judge grants the stay of his own back... due to the backlog this would be unlikely.... abbey will turn up and state to the judge they have not kept their side of the direction order and this is a breach of the order....this will all go in ur favour.... then hopefully the judge will jump all over abbey.... dont worry... stay positive and it will all go okay...

[CHLOEJ]

hi

i totally agree with you ,my case is on the 11th sept and have not had a court bundle submitted by the abbey

i am almost certain that they will apply for a stay on the final day and think its something that the courts should take into account as they have not complied with their time limits of 14 days

we spend hours of our time getting everything ready when they just cant seem to be bothered,knowing they will get their cases stayed at the last minute

its time the courts woke up to this regular occurance and acted on it,after all if it was the other way around we would almost certainly lose

 

cj:evil:

[JAMES33]

Thanks for the support Adam and Chloe - unfortunately I received an Order from the District Judge this morning:-

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. 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

 

IT IS ORDERED THAT

 

1. This matter is stayed until further order to await the outcome of the Test Case.

2. Permission to either party to apply to lift the stay.

3. The Defendent must advise the court of the outcome of the test case within 28 days of its conclusion and submit to the court any request for a further stay or proposed directions (to be agreed with the Claimant if possible).

4. The hearing on 6 September 2007 is vacated.

5. The Claimant shall collect their Trial Bundle from the court office by 4 pm on 5 September 2007 failing which the Trial Bundle shall be destroyed.

 

Dated 28th August 2007.

 

Funny how they told me yesterday that my case was still proceeding and would only be stayed if they received an application from Abbey (which they told me they hadn't received yesterday!) Don't think it is worth applying for the stay to be lifted as the Judge has applied it himself. If anyone knows of a stay that has been listed though, please let me know, it's just that I haven't heard of it happening and I am reluctant to throw any more money away on this case!

[mattyb13]

Same as the order I received. I, like you, have decieded not to argue the stay as the judge has ordered it himself.

 

I know excactly how you feel. Abbey didnt apply for a stay didnt submit any evidence and have got just what they want.

 

I was really hoping that somehow your case went through although after what happened in my case it was always going to be a longshot.

 

Matt

[Frankey]

Sending my best wishes - after all the work and stress of meeting deadlines and this happens - I can relate to this - am due in court on 14.9 but no judge is going to do anything until the test case is sorted. I rejected an offer of 1300 a while ago and really regret it now! But the bigger picture is important and the outcome of the test case has to mean some pay back for us all Frankey x

[JAMES33]

Thanks Matt and Frankey:) although I haven't applied for the stay to be lifted I did send a long letter to the Judge yesterday together with the additional paperwork I was going to add to my bundle saying how disappointed I was to find that my case had been stayed even though my argument was mainly nothing to do with the test case (UTCCR) and merely whether Abbey's charges were proportionate to the actual cost to them of processing any returned cheques or dd's etc. I also stated that I thought it was most unfair to stay this case at such a late stage after all the work I had put in and the fact that I was now out of pocket by over £400 due to court fees and preparation of a bundle that is no longer needed, while the Bank can continue charging exorbitant fees as normal. I enclosed details of psm's Judge's decision too to show that some Judges are capable of actually reading bundles and dealing with cases on their merits. Don't expect it will do much good but I feel better for doing it. Does anyone know if we can definitely keep claiming interest on a daily basis until the outcome of the test case?

[Michael Browne]

Does anyone know if we can definitely keep claiming interest on a daily basis until the outcome of the test case?

Yes, absolutely no question about it

[charleyfarley]

Hi J,

 

Just wanted to say keep smiling hun:) .............your claim has gone on forever, through no fault of your own, and I think you've done really well to put up with all the grief you've had thrown at you and not get too down, so well done and we're still thinking about you;)