ICY -v- Abbey

[ICY]

Not confirmed by my court yet, like i say will ring them tomorrow, i submitted request for judgement last week, i will be really angry if after abbey failed to respond to the JUDGES ORDERS he stays my case after they have shown total disregard for how the court process goes, however as said it has NOT yet been confirmed, so lets not lose hope just yet

[chrisking1962]

Hi all, can anyone clarify this as been ordered from the heirarchy as the court informed me that they had only just received the directive this morning, and it may still be uo to the judges decision at their court.

please don't panic, it might only be mine.I do not want to start a panic, it may only be a few courts and I will go that extra mile to a court that is continuing.

regards

chris

[ICY]

I will let you know how Oldham is getting on we are only about 1/2 hour away, glad i dont live in fax anymore, and i am hoping she was a misinformed joker who has a big chip on her shoulder from having to do all the extra work.

Not seen anything anywhere officially stating that a blanket stay has been granted.

[bonnie0852]

hi guys!!!

Everything crossed 4 u (and me of course)................. doesnt sound promising tho does it!!! :(

 

bonnie

[ICY]

Wish 10am would hurry up and come round

[ICY]

Its not all bad news LOOK

[ohoh4312]

Yes that was good news wasn't it? I love the bit where the Judge asked had she even read the claims!!

 

Incompetence brings justice!!!!!!!!!!!!!!!!

 

Tick Tock.....fingers crossed!

 

Jo xx

[chrisking1962]

it makes me feel better some judges are continuing, do they fancy working at alternative courts to help others who have crumbled at the last hurdle and surrendered to the banks.

regards

chris

ps fingers crossed Icey, let us know how it goes, it may be that if you are due a hearing it may be too late for the judge. Here's hoping

[chrisking1962]

I mean judges crumbled not us.

chris

[ICY]

Just called the court, told me the judgment had not been dealt with yet and could be up to another week, when i questioned the "blanket stay" he said the judges are reviewing each claim on a case by case basis, and he said there has not been a blanket stay on all bank charge claims, which is good news as going by some orders have received from Oldham they have some good judges

[chrisking1962]

good luck Icey,

I'm off into halifax anyway to put my request for judgement in.

Hope yu have a good Judge.

I will try and get some written info from what I was told Yesterday.:o

regards

Chris

[doo]

Hi Icy, that's good news, was quite worried when I first saw these postings but certainly seems to be which Judge you get, here's hoping that all Judge's go ahead with bank claims - the Banks seems to get too much of their own way.

[kia]

yep good luck icy goes without saying really but im sure honeymoon still on xxxkia

[Clippy]

Need some help here please. I am about to do a witness statement and I am finding it a bit difficult. On the link it says that photo copies of court documents are not necessary. Does that mean I only have to take mine in my own bundle or don't I need to take them atall? I have posted this on my own thread but wondered if there was anyone here who might know. sorry to hijack ICY

[ICY]

Oh these people are starting to £%$% me off now, just got a letter from abbey, i thinks ooh i wonder if this is a cheque, ripped it open and guess wht it was.

 

 

 

 

 

Yup well done, a letter informing of stay or rather them saying they want a stay. AARRRRRRRRGGGGGGHHHHHHH

 

Dear Sir

 

ABBEY NATIONAL PLC -ATS- YOURSELF

CLAIM NO: 7QZ62720

 

Your claim in relation to unauthorised bank charges is currently being litigated in the County Court.

 

Although we believe the charges are fair, clear and lawful [OF COURSE THEY ARE] since you have filed your claim in court, Abbey (along with six other banks and a building society) has become involved in legal proceedings with the Office of Fair Tradingin relation to unauthorised overdraft charges. We believe this will resolve the issues regarding the fairness and legality of your unauthorised overdraft bank charges. [WHATS WRONG WITH FOLLOWING THIS CASE ALL THE WAY AND MAKING IT INTO A TEST CASE]

 

Pending the outcome of this test case, we are asking the County Courts to stay all claims relating to unauthorised overdraft bank charges. A stay means that the case is put on hold. [THANKS FOR THE PATRONISING COMMENTS] If your claim has not already been stayed then, we have written or will shortly be writing to the County Court seeking a stay of your legal claim. As a result your case is likely to be put on hold until the outcome of the test case is known. [sO YOU DONT EVEN KNOW IF YOU HAVE OR HAVENT REQUESTED A STAY]

 

Given the court case, we have asked the Financial Services Authority to suspend the normal timetable for dealing with bank charges complaints, and the FSA has agreed to this request subject to conditions that protect complainants rights.

 

We have also asked the Fnancial Ombudsman Service not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. [WHO THE HELL IS RULING WHO HERE SURELY THE OMBUDSMAN SHOULD BE TELLING ABBEY WHAT TO DO NOT THE OTHER WAY ROUND]

 

Exactly what will happen next will be depend on the courts. We do not know how long the test case will take [bUT I BET YOU WILL DRAG EVERY LAST SECOND OUT] we have promised to proceed as quicky as possible [WHATS THAT SMELL - OH YEAH BS] but inevitably given the importance of the issues being considered, this may take many months to finally resolve. We will keep you updated appropriatly in respect of the proceedings with the OFT. You can also check the latest position on our website @

 

In the interim, please retain your bank records, as this will make it easier for you to support your legal claim on resolution of the test case. We can assure you that we have kept a record of your legal claim [JUST REMIND YOURSELF THAT WHEN THE JUDGES ISSUES JUDGEMENT AGAINST YOU]

 

If we have made you an offer

 

We may have written to you recently to make you a goodwill offer [GOODWILL PFFFHHHHTTT] in full and final settlement of your legal claim. Provided that you have not rejected that offer, the goodwill offer the bank has made to you still stands and will be honoured. [THATS NICE OF YOU TO HONOUR A TOTALLY INSULTING OFFER BUT SORRY I ALREADY THREW IT BACK IN YOUR FACE SO STICK IT]

 

If you wish to take up this offer, the bank will take this acceptance as "full and final" settlement of your legal claim. To accept this offer you must contct us within two months of the date of this letter. If you accept our goodwill offer as "full and final" settlement, it is highly unlikely you will be awarded a further sum at a later stage even if the test case established you were otherwise entitled to a larger amount. However, this does not preclude you from asking for repayement of any future charges if the courts find they are unlawful. [WELL DROP THE FULL AND FINAL PART THEN]

 

Please contact us if you are nt sure whether you have an open offer or not.

 

After the test case is finished

 

Once the legal proceedings between the OFT and the banks have finished, we will resolve your legal claim as quickly as possible applying the principals established in the test case, which may generate larger or smaller figure when compared with any current offer we may have made to you.

 

The FAS requires us to ensure that your legal claim will not be adversly affected by stay of your court proceedings [NO COMMENT]

[kia]

so what the hell now icy thats not fair after all that you gonna object to the stay of course arent u but guess youll have no choice if they go with it will you xxxkia

[KnellyK]

I received exactly the same letter! Was yours on Abbey headed paper (the red letterhead)? Mine was a photocopy, black heading!!! I took this to mean that they were bulk produced and only the case number had been typed on individually ~ or they are so overworked they've filed the top copy and sent me the file copy!!!

 

I think I'm going to phone the court next week to find out whether or not Abbey have requested a stay ~ mind you, the directions hearing isn't til November so there's still time for them to forget!

[glad]

ICY

That's the same letter as mine.The lady at my court told me to write to the judge to oppose any stay that Abbey were going to apply for.

Good Luck

[csella]

ICY

 

I have received exactly the same letter this morning, I was due in court 12th September. Do we just ask for the stay to be lifted or are there laws and regulations we shall need to relate to in our request?

 

If anyone can help please do so.

[determindator]

Hi Icy,

 

I have the exact letter as well. I like the sound of writing to the Court and asking them to refuse any request for a stay. Nothing ventured and all that.

[ICY]

Will try the court again on monday to tell them abbey want a stay and find out if they have changed from a case by case basis

[Ladidi]

Hi ICY.

 

We got exactly the same letter as well. I contact the court because they said they was defending and then they sent their so called defense. The court told me they had received the same as me and it will go before the Judge who will decide. When we got the letter saying they was asking for a "Stay" the court told me it was up to the Judge and they advised me I can appeal. So I intend to do just by sending the appeal letter I found on this very website

 

I`m just waiting for instructions from the judge now. I`m kinda hoping he doesn't bother with the AQ and throws it out with abuse of process

 

Ladidi

[determindator]

Hi again,

 

Here's a good thread to look at if you haven't been into it yet. The title is (and you need the full sentence as there is a similar thread title) 'office of fair trading test case' and start at top page 43. I can't find the thread on the list any where. Must be in the Tardis.

[spicester]

sorry to say I am in the same boat as you ICY they have also requested the stay with me too

[chrisking1962]

hi guys,

 

is it better to write to the judge WITHOUT using the N244 form therefore no expense paid, ie £35 for removal (not garruanteed) or £65 to see the judge?

 

Might just write with non-grovelling grovelling letter.lol:D

 

stay fresh peeps

 

regards

chris

 

oh KKKKKKKKKKERRRRRRRRRCHHHHHHHHINNNNNNGGGGGGG another £1.26 daily interest mr Bank Manager.