ICY -v- Abbey

[ICY]

The following petition has been put on the government website

 

We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

[Ladidi]

Already signed up to that petitiion

 

I added my hubby too

 

As long you get good news hun, cos if you get good news I`m sure to be not far behind

[ohoh4312]

I signed it earlier today in the hope that it may help - fingers, toes, elbows, knees and everything else humanly possible crossed

 

Can't cross anything else - it's all crossed for you and Mrs ICY-to-be...

 

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

there you go - now I know how a contortionist feels!

 

Spelling not great, but I hope you know what I mean!

 

Jo xxxx

[kia]

me too signed up icy lolxxkia

[spicester]

good luck tomorrow!!!!!!

[Camdenite]

All the best Icy. I get the feeling they may be sitting back congratulating themselves on stemming the tide and may not be paying full attention to a few claims right now. Here's hoping eh?

[ICY]

Think i am right in saying i have to give them until 4pm is this correct?

[ICY]

Or have they actually filed justifying the charges

 

 

 

 

Now that would make good reading lol

[pumpkin07]

Good luck Icy

[ICY]

4 hours 19 minutes to go

[Lula]

LOL, no that you are counting

[woodwa5]

good luck icy we're all rooting for ya:p

[jules1973]

ICY

I think the whole of the Abbey forum is behind you and wishes you luck. This is one case I would definitely love to see a happy ending to. You truly deserve it.

[ICY]

Just called the courts, for info on claim 3, and while i was on the phone i asked for my file to be checked to see if Abbey have filed anything, they havent, and only have 1 hour 30 minutes left (no not counting lol) In the morning i will be filling out the form requesting judgement.

 

btw in claim 3, HSBC failed to file AQ by the deadline of 23rd July the judge has made an order on monday to HSBC to file an AQ by 4pm 10th August, failure to file AQ will result in the defence struck out allowing me to file judgement.

[ICY]

Here you go, request for judgement -

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n225_0406.pdf

 

Just one question Gary, looking at this form, am i allowed to use it for my case, as it says the defendant has not filed a defence or admission to my claim, whereas they have in fact filed defence, it is a later order of the court they have failed to comply with, is it still ok to use this form, or os there an alternative form i need to use.

[pinkbabez]

Were you at court today ICY ? egarly awaiting the outcome !

[ICY]

No not at court, the defence has now been struck out as they have failed to comply with a court order, so looks like we aint going into court, i have to take form to court tomorrow to request judgement in my favour, not sure what happens after that

[marmite-girl]

hi icy (im not stalking you.. I promise) are you at a smiliar stage to me then?? could I go to the court and ask them to request judgement in my favour?? what 'form' are you taking.. please tell me!!

[ICY]

I have had an order from the judge, which i have yet to see elsewhere, and Abbey have failed to comply with this order, and as stated on the order if they do not comply by 4pm today then the defence will be struck out.

 

This is the form i have filled in (thanks again Gary)

 

Originally Posted by GaryH

Here you go, request for judgement -

 

http://www.hmcourts-service.gov.uk/c.../n225_0406.pdf

 

Here is the court order

 

Before judge XXXX sitting at Oldham county court

Upon reading the court file

 

IT IS ORDERED THAT

 

Following making an order of courts own initiative

 

This order is made by the court of its own initiative. Any party affected by this order may apply pursuant to CPR 3.3(5) to have it set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR23 and must be made not more than 7 days after the date on which this order is served. the 7 days passed on the 13th July and there has been no application to have it stayed or set aside

 

By 1st August, 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibitingall relevany documents justifyingit;and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 2nd August, 2007 and the claimant may apply for judgement.

 

 

Dated 4th July 2007

[marmite-girl]

i see - thanks for that.. seems like you got a special order!! lucky old you!

 

i went to the court this afternoon with a letter.. stating to the judge that the defendant failed to comly with his order and that i think he should strike it out.. but in posh speak (found a letter on here) so i will see what happens.. just getting a bit twitchy as my court date is 10th august.. which aint that far away!

thanks again x

[kia]

so what does all that mean icy have u won or what then cos im poised with colours at the ready lolxxkia

[ICY]

It means i am filing for judgement in the morning, as per the judges directions, so unless he goes back on his word by not striking out the defence then yes i have won, although lets wait until i hear something official form the court before them colours make an appearence eh lol

[ICY]

ICY

 

I think the whole of the Abbey forum is behind you and wishes you luck. This is one case I would definitely love to see a happy ending to. You truly deserve it.

 

 

Thanks J, but i dont think i deserve it any more than anyone else, i am no more special than anyone else. we ALL desevre our wins, lets hope they all come soon

[Ladidi]

Hiya ICY hun...I hope for you it is a means to an end!!!

 

God knows you and the rest of us are hoping for the same thing these days!!!

 

Let me know how you get on ;-)

 

Ladidi

[abroadgirl]

good luck icy hugs abg