French v. Abbey (3) - Into the breach once more my friends!

[srfrench]

Excellent CARO.....always looking out for the others, that's why you're so popular

 

I do remeber receiving a Court Order when they were stayed, since then I've mislaid it.

 

However, looking back through my thread I see it says that the stay willbe in place until (Ithink) early 2008 regardless following the cessation of the High Court Test Case.

 

We all know the history of the Test Case now and was lead to believe that the stay remained until the FINAL Judgement in the Test CAse though I can't remeber receiving anything else.

 

That's why I phoned the Court to find out the status of my stayed claim.

 

My other claim was struck out in my local Court but I got that re-instated stating that the Test Case was still in progress. Success This is only at the stage that needs a defence filing from the Banks.

 

This claim as you know has gone past the AQ and Pre-Trial Hearing stage and was just awaiting final instaructions for exchange of docs and a Court Date. I think in all honesty, we may see no further AQ's but a Witness Satement and Document exchange and Court Dates.

[caro]

Thanks for the compliment.

 

It's interesting that Leeds seem to have done this quite quickly, and apparently without prompting. This does seem to me to be some kind of pre-trial or case management hearing. I could be wrong (I often am ) but no doubt you'll receive something in writing confirming what it's about. I still think it's very positive and shows the judicial system are still taking the matter seriously.

[srfrench]

I think you may be right about this CARO.

 

Either way as soon as I hear or receive anything from the Court or Abbey, I'll post it up in full it's full technicolour horror

 

Elsewhere in the forums it seems Lloyds are being asked to negotiate a settlement with Claimants and vice versa by the Courts. If no success by late Feb then they are being listed as to either be struck out or for the parties to apply to unstay the claim.

[caro]

I think you may be right about this CARO.

 

Either way as soon as I hear or receive anything from the Court or Abbey, I'll post it up in full it's full technicolour horror

 

Elsewhere in the forums it seems Lloyds are being asked to negotiate a settlement with Claimants and vice versa by the Courts. If no success by late Feb then they are being listed as to either be struck out or for the parties to apply to unstay the claim.

 

New stays to negotiate a settlement in light of the test case I guess.

 

Interesting times.

[caro]

Nothing in writing yet I assume?

[srfrench]

Nothing yet CARO but then again it's been Xmas and New Year so damn sure nothing has been coming out of the admin side ofthe Courts.

 

I think I'll be writing the Abbey to request their agreement to amend my POC's this coming week giving them a week or two to reply then writing to the Court to either extend my stay or unstay my claim.

 

Should give me a little breathing space in that period for anything to happen methinks?

[srfrench]

Well...that was an interesting meeting with my Solicitor.

 

Firstly, yes he agrees you can submit as "Adiitional Information" to support your claim. HOWEVER, he agrees also, and for safety's sake that the way forward would be to amend your POC's.

 

Glad that issue was discussed and now resolved!!

 

My Solicitor also has suggested that I give him (so he can forward onto a friend who is a QC) copies of my claim correspondence et al so that he can look it over and with the additional info (laws etc) advice me to see if it's worthwhile pursuing and in the alternate take it on on a no-win, no-fee basis. Meeting is set for Thurs afternoon, so am getting all my current docs sorted and including seperately all the additional arguments and statements in the light of post-SCoJ judgement ready to give to him to not only get his opnion but also to frame a new POC and argument using what new info we have been given so as:

 

UTCCR Reg 5(1)

CCA

Competion Act

Misrepresentation

Undue Influence (Common Law)

Penalties (Common Law)

 

It's also interesting to note that I have already sent a CPR Part 18 request asking them to disclose their T&C;s from 1996-2001 with no response and it was sent Special Delivery as well.

 

I already had a copy (ish) of their T&C's from 2001-2004 and it quite clearly states that if I BREACH these conditions of your overdraft....

 

Quite numerous mentions of BREACHING T&C's in it........

 

If anyone wants it posting up I'll hand type.....

[srfrench]

Does anyone have a copy of Abbey's T & C's from 1996, 1997, 1998, 1999, 2000 and/or 2001?

 

If so can you let me know please.

 

Many thanks

[loveluck]

Would appreciate a posting of any T&Cs...Thanks!

[caro]

Hi loveluck. Do you have a similar case to Frenchie? Perhaps you could start a thread and tell us what you're doing and what you need.

 

Will check the situation regarding T&Cs for the years stated.

[discod]

Hmmm we have a 1800 overdraft and both lost our jobs.Abbey are adding interest everyday and as of today it is nearly 2200 and is going up every month.We have explained we have no cash but of course they dont wanna know.Can I send them the above letter and if so I can only ask for the 400 back as the 1800 was what we agreed?? Also how do I stop them adding again if they do pay us back the charges thanks x

 

Infact just looked at leter and it says overdraft limit 0 so I take it they want everything back which totals £2,154.76 and its a defaut notice

Edited January 17, 2010 by discod

[srfrench]

aahhhhhhhhhhhhhhhhhhh!!! the calm before the storm!!

[srfrench]

Ooooooooo ooooooo shock of shocks......

 

Just received a letter from the Leeds Merc Courts today and in it it says....

 

That the claim be transferred from the Leeds Merc Courts back to the Leeds County Courts.

 

That's it.....no mention of stays or whether it's in the High Court or Small Claims...or anything else.

 

I'll think I'll write to the Court to ask if the case can be re-transferred back to my local Court or at the very least back to the Harrogate Courts (the original local Court)

 

I was expecting a further CMC.....or maybe that's next?

[caro]

Ooooooooo ooooooo shock of shocks......

 

Just received a letter from the Leeds Merc Courts today and in it it says....

 

That the claim be transferred from the Leeds Merc Courts back to the Leeds County Courts.

 

That's it.....no mention of stays or whether it's in the High Court or Small Claims...or anything else.

 

I'll think I'll write to the Court to ask if the case can be re-transferred back to my local Court or at the very least back to the Harrogate Courts (the original local Court)

 

I was expecting a further CMC.....or maybe that's next?

 

What are they messing about at? First it's a date in January, then February and now this. Why don't they want to rule on it?

[srfrench]

I really wish I knew Caro......

 

However, the upside is that I have a little more time and the Leeds Courts will have to issue directions regardless so I might still get a notice of a further CMC.....we'll just have to wait.

 

On the plus-side they haven't entertained a reply by a date or a strike-out will be done letter?

 

Stay tuned to the next thrilling episode of "The Frenchy Connection".....if only I could join the dots to where these transferences will lead?

[srfrench]

** APPEAL**APPEAL**APPEAL**

 

Guys, has anyone got a copy of any letter Abbey has sent to you in response to an unpaid DD or STO please?

[charleyfarley]

** APPEAL**APPEAL**APPEAL**

 

Guys, has anyone got a copy of any letter Abbey has sent to you in response to an unpaid DD or STO please?

 

 

probabaly, but it'll be at least 5 years old if that's any good

[srfrench]

Hi Charley.......yes even older if you have one?

 

If you can blank out your details and PM me with it I will be grateful.

[srfrench]

Well.....some bl**dy damning evidence has now been found and my new amended POC has been drafted in readiness.

 

It's a corker and this time......it's personal!

 

Still nothing from the Leeds Courts following the transfer of the case from the Mercantile.

 

Might chase it next month sometime?

[caro]

Look forward to reading more Frenchy.

[srfrench]

Letter from the Court last week ststing that the Judge is now reviewing the case and will be issuing directions.

 

God's strewth......might as well join them for drinkies in the Boys Bar :grin:

[caro]

Justice and the Courts: The Magna Carta set up permanent courts for different kinds of cases, and forced royal officials who accused someone of a crime to produce witnesses to prove their case. It protected free men from fines that would ruin them or that were out of proportion to their crime, and protected nobles from being fined except by the rest of the nobility. On the other hand, the Magna Carta also established that priests could be fined under the same rules as lay people.

One of the most significant and lasting clauses in the Magna Carta is Clause 39, which protects free men from being arrested or punished in any way unless the punishment has been agreed by a jury of their equals or decreed by law. This is called the right of habeas corpus. John also had to promise that, “To no one will we sell, to no one deny or delay right or justice.”

 

[srfrench]

I'm verily impressed oh learned one 8)

 

It's embarrasing to admit that whilst I know my history the substance I lack.

 

I bow most humbly to your pro-offered knowledge and say that is a ruddy good price to quote.

[caro]

I'm verily impressed oh learned one 8)

 

It's embarrasing to admit that whilst I know my history the substance I lack.

 

I bow most humbly to your pro-offered knowledge and say that is a ruddy good price to quote.

 

:lol:

 

Nice of you to say so but I happened to catch summat on t'wireless t'other day about magna carta and not delaying justice.

 

There's progress for you.

[srfrench]

Incredible isn't it:

 

Just received a letter from Abbey/Santander yesterday stating that they are looking at my complaint and it will take them * weeks to complete it.

 

My Court claim was at the hearing date stage before it was stayed 3 years ago.

 

If this is the incompetance shown then I think we're all in for an easy ride!!!