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me against abbey....

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well i am back and i am not any richer..... i will explain how the day went.....


got to court nice and early and went to see the usher.... she told me it should only take 5 mins as all cases were bening now stayed. strange as i phoned yesterday and she said it was on a case by case scenario. then a young chap turned up and was pointed over to my direction. he turned out to be a barrister from abbey.... he sat down and said he was here to apply for a stay.. he started to explain that was a test case going on and all cases were being stayed ( really i must of missed that one LOL ). i asked why i had not recieved nothing from them for months and why not. his response was that cause there was now a test case abbey does not need to send anything in... infact the only paperwork he had of mine was rolled up like a newspaper and held with an elastic band, very well presented. the judge came out and went into another room. the usher said he needed some directions on how to proceed with this case... strange its not like he has not done one before... anyway in we went and did the normal intro's.. and then it started..

the first thing he said was how sorry i have wasted my time coming here and then turned to abbey and sked them why r we here.. to apply for a stay was the response... but the judge asked why this could not of been doen by post.. a great response followed " i dont know sir i was told just to come here and ask for a stay" priceless... send the teaboy to do the dirty work..the judge also said he was not happy that abbey still did not follow the directions given regardless if there is a test case..he also noticed abbeys paperwork on my case and his face was great. a look of disgust came across it.... anyway the judge explained that a stay would be granted of his back not abbeys, until febuary , as it is goijng on in a higher court and just being a lonely old magistrate judge its not in his powers to try to fight it on the basis if i won and the test case went in favour of the banks i then have to repay it back. kinda off nice i thought. a bit of legal talk and asked if there were any questions. a sheepish no from abbey and i asked if it was worth trying to fight the stay. the judge said he could not offer legal advice but worded it in a way by saying come the end of the test case the banks will be out of pocket ( i think he has some inside info).

then he looked at me and told me why he went out earlier to enquire bout the handling of this case. he said , and i am not being big headed, with all the cases he has sat on with bank claims he has not seen a court bundle well presented and correctly stated. he looked at abbey and then said to me on this court bundle i would of won all my money back and costs cause it looked like i took the time to work on my claim, unlike some he has seen that were a few pages. these were only won by a settlment outside. so in a way i feel good on that part cause i was so worried i had missed something. he also said claimants need not know the ins and outs of CB's as we r only normal people and not legal reps.


so in short no money for me untill Febuary when the test case should be sorted. but what happens if it is not by feb what happens with the stays?????

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  • 3 weeks later...

just looked at my online credit report and it seems abbey have defualted our account.. after countless letters and them agreeing to wait till conclusion of our case they have now defualted me and the wife... what is the next step now... twice it has been handed back by the debt collectors cause they did not know the situation of our account and even apologised.. but it seems abbey are now just being unresonable... any help will be great....

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