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    • I had to call an ambulance for my wife, but one of the paramedics was not happy, about the condition of our house, as it's cluttered. And he  would only see to my wife, on the ambulance itself. After diagnosis they took my wife to hospital. My wife was ill for a few months, and received help from the district nurses. We then got a call from a social worker, who wanted to visit us, and discuss ways to make my wife more comfortable. When I asked for more details, she became vague, but could give us a phone number, if she visited. I politely declined her offer, as I was coping, along with my daughter in caring for my wife. Then a letter arrived from another social worker, saying similar things, to the first. I didn't bother to reply. Another letter has just turned up, from the social services legal department, which doesn't say anything specific, but refers to the other social workers trying to visit us. Coming from a legal department, has badly upset my wife, who's recovery was on going, and she now fears that someone will be coming to the house, to do whatever. Do we have to respond, or take notice of these people. Also we recently had a fire prevention officer come and fit, smoke and heat detectors. He didn't voice any concerns with the conditions at the property. Worried, Paul.
    • By not sticking to the deadline which you set you have lost credibility. Your letter of claim becomes one of hundreds of others which they receive and which they put in the bin because they think that you are just bluffing.  
    • 05.05.24 Ever so sorry if I have entered this in the wrong part of this website.   My grandfather is in his 70's and retired.  He asked me to help him find a work pension that he was paying into when he was working. From 1967 - 1982 he worked for a Fabric Dying Company, Celanese, Spondon Derby UK. I have already used the GOV.uk Trace Pension Scheme. It listed a few pension companies : Akzo Nobel (CPS) Pension Scheme formerly Courtaulds Pension Scheme.  I do not fully understand how this works but I think this scheme is administer by a company called Willis Tower Watson. We have called this company, got through to the pension department submitted all my grandfather's details (D.O.B. , N.I. no. etc.) but that agent tells that they have no record of my grandfather and ask what is the name of the pension scheme. Here is the problem, his home was burgalled in 2005 and a briefcase which contained his legal documents was stolen. So he does not know who was the Pension Scheme company. I have a this phone number 01332 681 210 for Celanese but it just rings and never gets answered. So I am asking for help if anyone can tell us where we can try next. I am also hoping for a massive long shot that one of them members on this website, worked for or knows someone who worked for British Celanese Spondon Derby and could tell us of any pension company. Thanks for any help.
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A-dust vs Shabby!


A-dust
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It says -

 

 

Take Notice that the Direction hearing will take place on 18th July 2007 at 2pm at Ilford County Court....

To consider allocation and/or transfer to Mercantile Court.

When you should attend: 15 minutes has been allowed for the hearing.

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

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oooo looks like they are going to send you up to the Mercantile Court, sit tight and wait, they may be in contact soon, or then again, they might wait until July

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 1 month later...
  • 2 weeks later...
Thanks Lula

 

Are they allowed to stop my access to online banking? From around the the time they received my S.A.R - (Subject Access Request) I've been denied access...funny that!

 

Very interesting. I was thinking the same thing. That's happened to me also. I've not been able to access since last week and was told today on the phone there was not a problem with the site and that they would "look into it"

 

Are you able to access now?

 

Congratulations, buy the way. Just got to the end of the thread.

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Further the preveious post - the banks lawyers called the day before the hearing & offered to pay up in full

 

Hope yours goes the same way

 

 

Congratulations Bankclaim...here's hoping mine will turn out the same! I called the court today to enquire whether there had been any further developments but was told that I was to just wait for them to get in touch :-| ...So my court bundle is gathering dust at the mo!

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Very interesting. I was thinking the same thing. That's happened to me also. I've not been able to access since last week and was told today on the phone there was not a problem with the site and that they would "look into it"

 

Are you able to access now?

 

Hi there Camdenite

 

After further investigation I have been told that my access can only be restored if I agree to a 'cashcard' instead of the Visa debit one I currently had. They would then issue a new password etc to allow me online access..I refused but last week received one in the post anyway! I'm not allowed my debit card back until I use my account 'properly' for at least 6 months...they're not playing nicely at all...but then again did they ever?!

To date I'm still accruing charges on an account that I don't use..so I transferred the money they paid in into the ISA instead :D

 

Do let me know how you go...my guess is it's probably still being 'looked into' x

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  • 3 weeks later...

Having not received any other correspondence from the court re: my claim, I gave them a call again today. They confirmed that I'm to be there on the specified date but when I asked her if I was to submit a court bundle she said that that wouldn't be necessary. Should I go ahead and put one together to bring with me just in case? I don't want to turn up there ill prepared..:? Obviously it would be a beautious occasion if they were to contact me to settle beforehand, but to be on the safe side I want to be ready for any outcome. Also, as ShAbbey have continued to charge me regardless of me not having used the account for months, would I be within my rights to demand that if they do settle, they include the charges up to the court date? I've tried phoning but am being kept on hold for 10mins+ each time so have given up! Answers on a postcard please :|

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Hi A-Dust. I too, have a Directions Hearing on the 17th July at Central London CC (just 100 yards from Abbey's Triton House! )

 

There's a thread on "The Latter stages" in the templates. That tells you everything you should take along for a Directions/Preliminary hearing. It's not the full bundle.

 

All the indications seem to be that they will settle before this hearing or the judge will strike out their defence (at least that was indicated to me in the correspondence from Court and the feedback on my thread here). Knowing my luck with this one it won't be that simple :(

 

Best of luck.

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  • 2 weeks later...

I can't believe tomorrow's my court date! Well...I think I'm all sorted with regards to my paperwork. The only thing confusing me is whether my situation differs slightly as I skipped the allocation questionnaire procedure?

 

Along with my schedule of charges I have the witness statement, draft order for directions,a copy of the order, a statement of evidence with examples of my own...

 

Is this correct? I know I'm leaving it to the last minute to ask but as it draws nearer I'm getting nervous and wondering if I've missed anything out or worse done it all wrong..I need a drink!

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A-dust, judging by what has been happening today - take all your proofs of posting and if available, take screen dumps of the post office web site that says that it has been delivered, good luck and dontbe daunted, the barristers are ill prepared and if i were them i would be bloody furious with Asshursts for putting them in this position.

 

Another thing for your consideration, it might be worth pre empting the barrister saying that they never received the statement of charges by looking through your proofs and then ringing Asshursts and saying that if they try and use the argument that they have never received any of the schedules that you have send, have you filed via N1 or mcol? if via the court, then ring the court and check that they did in fact send the schedule with the notice of service, you know that they received the notice so that they cannot deny receiving the statement,

 

Just the ramblings of a madwoman, feel free to ignore me lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks for all your wise worlds Lula...unfortunately they, nor my nicely compiled folder saw the light of day as Abbey failed to turn up. The Judge said that as he wasn't able to hear both sides of the argument, that the claim will be allocated to the small claims track and will be heard at a later date "probably in the next couple of months or so" :evil:

I'm to submit a skeletal argument to both the court and ShAbbey nearer the time..blah blah blah..

He suggested I get legal representation as I would have to argue my point convincingly and although he's scheduled an hour, he believes it may last longer..call me unlucky..no, please do!

What now?!

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bloody hell, no you dont need legal representatives, we are all here to help, usually, if the otherside fail to turn up, judgement is awarded against them. very strange

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I called the court to find out whether there had been any developments..They said that I'm just to wait for a letter in the post from them. I've tried reading other threads but nobody seems to be in my predicament. I'm really at a loss now as to what I should be doing...anyone?:confused:

 

Also, would anyone happen to know who I'd speak to at Ashursts and what their contact number is please?

 

Thanks in advance

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Hi nooooooooooooo dont speak to Asshursts at the moment, they will come to you with a full settlement offer, if you go to them they will try and talk you down, just wait and see what comes in the post :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

Well I finally received a letter from the court with my court date (21st September). They want the bundle etc submitted at least 14 days before. It's been allocated an hour - ABBEY obviously have lots to say then?!

After having had my purse stolen a couple of weeks ago I contacted Abbey to cancel my cards which they did. They've refused to replace them until I start paying money into my account. I've gone into a branch today to try and take out money from a savings account (as I wander whether they'll try and take it and use it to pay the charges that are still accruing on my current account).And whaddya know???.. they aren't able to trace the account unless I know the account number (which I didn't have handy at the time). Am I being cynical or is something just not right about the whole situation?

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Sounds a bit iffy to me, of course they can find the account if they want to.

 

Good luck on the 21st, hope all goes well for you, should for me as that is my wedding day :eek: thats come around very fast

:madgrin:

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Thanks ICY and good luck with the Wedding...doesn't time fly!!:o

I went back to Abbey the next day with the account number and fortunately was able to withdraw my money thank goodness. The cashier reckons the two accounts aren't linked and that I'LL have to look into it. Just to finish me off a letter arrives from them too:

 

Dear Madam

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

Although we believe the charges to be fair, clear and unlawful (Fnar!!) 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 OFT in relation to unauthorised overdaft bank charges. Pending the outcome of this test case, we are asking the County Courts to stay all claims relating to UOBC. A stay means that the case is put on hold (Because I'm obviously dim and don't already know that!!). 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.

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

We have also asked the FOS 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.

Exactly what will happen next will depend on the Courts. We do not know how long the test case will take - we have promised to proceed as quickly as possible, but inevitably given the importance of the issues being considered, this may take many months to finally resolve. We will keep you updated appropriately in respect of the proceedings with the OFT.

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.

If we made you an offer

(which they did but for a measly £400 earlier this year, not the £4000 they should have offered..most of which they've since taken back as charges!!)

We may have written to you recently to make you a goodwill offer in full and final settlement of your legal claim. Provided that you have not rejected that offer (I accepted as part settlement only) the goodwill offer the Bank has made to you still stands and will be honoured.

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 the offer you must contact 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 repayment of any future charges if the Court finds they are unlawful.

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

After the test case is finished

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

The FSA requires us to ensure that your legal claim will not be adversely affected by the stay of your court proceedings.

Yours faithfully

.....

 

Is this now a standard letter sent out to everyone with a court date looming? Am I right in assuming that unless the court contacts me to state otherwise, I'm to attend as planned? It's never starightforward is it :(

 

Any thoughts anyone??

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Is this now a standard letter sent out to everyone with a court date looming? Am I right in assuming that unless the court contacts me to state otherwise, I'm to attend as planned? It's never starightforward is it :(

 

Any thoughts anyone??

 

 

Dear Madam (LOL, I get most peoples sex confused on here !)

 

it is indeed a mass produced effort at getting rid of a few more acres of rain forest. However, it is for the court to decide whether there is a stay or not, so for the time being, continue with your deadlines and adhere to any court orders and wait and see what happens.

 

hope you are well, havnt spoken in ages :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 1 month later...

Well..where do I begin

 

Abbey's solicitor arrived completely ill prepared. She wasn't aware that Abbey were to have submitted an argument in response to my bundle, and even asked if she could have a look at my last letter from the court as she didn't believe the hearing had been allocated an hour! (I politely refused but read the main points to her ) she ran into the bathroom phone in hand and came out reading a document on how to handle the hearing...I snuck a look and could see it mentioned requesting a stay and offering the claimant expenses for that day as a gesture of goodwill. It also said that the chances of having to settle in this hearing will be very small..The district Judge was rude to myself and my mother beyond belief! He asked Abbey's solicitor whether she'd like a stay :shock: and complained about the size of my bundle being too big (he didn't actually read it as the packaging was just about off it and in my allocation hearing he told me to arrive prepared..er, hello?!)) when asking if I objected, I tried to explain that I did and that some courts are dealing with claims on a case by case basis. My mum asked if she could say something to which he replied 'Frankly no, you can't' He basically told me I was lying! My mum then tried to explain how insignificant the amount I'm claiming is to Abbey etc..but the Judge said that I'd had charges from as far back a 2000 so money isn't the issue as I'd waited until this year to begin my claim. He point blank refused to let me argue my point as per my appeal against the stay (I had my document ready) and told me to kindly take back the court bundle I'd sent him and await his letter!

 

Does anyone know if it's possible to request a different Judge/Court? and also whether I am able to file a complaint against the Judge and his conduct? Otherwise I don't stand a hope in hell if I'm to be seen by him next time, and with there only being 2 judges at my court it's highly likely....all my hard work just feels completely in vain and I'm livid/disheartened beyond belief now :evil:

 

Any comments would be greatly appreciated!

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