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

[Lula]

Come on Frenchy, arent you back yet - i tell you this man is ALWAYS late !!!

[srfrench]

Well there was @ 120 of us peeps in the Merc Courts today in Leeds and whilst the Judge agreed the arguments made and made a special reference to mine and a few others, he honestly could not give anything other than an individual stay on all claimants - not a blanket!!! that's important.

 

His argument as I would have expected was sound and just and he gave a cut-off (without exception) that in Feb 2008 it will be lifted regardless of the decision made by Justice David Steele (Judge in the OFT Test Case).

 

That is significant!

 

Costs for the day is given to the parties. In my case it amounts to an extra £83.

 

My 2 Credit Card Claims were a joke (with diff providers) and they have 6 weeks from today to settle/provide a defence, but the JUdge does not want to see a another Case Management Hearing dealing with these. A Stay was applied for in the case of both but were quickly dropped!

 

All in all an exhausting, interesting day and one that will keep me in cigars through winter!

 

Roll on Feb 2008!! hink of the interest that is continuing to mount on a daily basis.

 

Oh...... and the Barrister and Solicitors were tornoff a strip a little by the Judge and I was informed by one of the Claimants that when I was presenting my case to have the Stay removed, she blanched! (She was also dealing with me!)

I approached her later as she indicated settlement, but realised I was going the full hog and claiming costs to. She tried to intimidate me a little with the fact that no way would I get costs, to which I replied, "of course I will...... have you actually read my POC as you will see that even as you have demonstrated at sneakily trying to put monies into my account, which the Judge frowned upon and ripped into her, it also asks for a legal declaration that the level of levied charges imposed was unlawful and unenforceable. In other words, settle the monetary side and the claim still carries on darling!" I also told her to smile a little, she didn't which is a shame, because she was quite attractive........ methinks it's either PMT or she needs a holiday!

 

So that's it in a nutshell peeps, I will post the full orders and resoning as and when I am a party to it from the Court.

 

No worries..........

[srfrench]

Now.... bugger off I want 40 winks!

[Lula]

LOL you old tart, tell em where you were sitting!!!! and if you go to sleep now, you wont sleep tonight

[srfrench]

I was sat where the Barristers normally sit!

 

It was only because it was standing room only :o

[Lula]

Had our little nap have we?

[srfrench]

Yup....... now I'm raring to go as I have to be up at the crack of a Sparrows fart!

[srfrench]

Gosh....seems like an absolute age since I last posted on here.

 

Anyway, little development this morning. I received a letter from Ashursts stating they have served a notice of Change of Solicitor with the Courts.

 

Si, in effect then, Abbey are stopping the handling of claims and transferring them to Ashurts. (Are they the in-house solicitors anyway?)

 

I wonder why the change and wonder why now......ideas anyone? 8)

[Lula]

Well as i understand it, Inga, et al have all repaired back to the mothership and i suppose they can't be bothered to go and pick up the post - unless of course anyone thinks that this might be due to something else?

[psm]

Could it be that the Abbey are preparing the sacraficial scapegoat!!!!

[Lula]

hmmm dont reallyk now, could be that they are now working on other stuff until the test case, unless that is what they are working on

[Entitled]

Looking at my letter, it seems that "Ashursts" are now replaced by "Ashursts LLP". They put the old address and the new address as the same, not mentioning the Triton house address at all.

[srfrench]

Nope that's standard for Solicitors or practices with a number of "Partners". LLP stands for Limited Liability Partnership.

[Lula]

it must be great to be so brainy

[srfrench]

PMSL.................I have my moments

 

Do you realise that since the stay was imposed on this claim I have "earnt" another £1000+ in Contractual Interest............ oh please dont lift it yet Ass Hurts!

[Lula]

money magnet

[srfrench]

Or as another wag in the CAG forums so subtly put it.............. KERCHING!! LOL

[srfrench]

2 days to go and the slumbering beast stirs......................

[jules1973]

I hope payday comes early this month to us all.

[srfrench]

LOL............ any news yet from the Press or the Courts?

[srfrench]

So how long is the Justice Andrew Smith going to take for his hols?

 

Whilst the interest has been mounting on a ridiculous scale, just when will the historical T&C's judgement going to be made ......... 2008 or 2009? :-?

[Lula]

lol patience Penfold

[srfrench]

So what's the judgement?

[srfrench]

So we now have the second Judgement go our way.

 

The Banks in the coming weeks will be applying for permission to Appeal. However, IMHO, it won't be granted and therefore game over for the Banks.

 

All that is really left is for the OFT to publish officially their findings on the unfairness of the Bank Charges.

 

All that this will do whilst the stays remain frozen until the above 2 events are concluded, is that interest continues to accrue!

 

Either way, because now it is fairly well proven that the charges were UNLAWFUL you can get the full amount claimed back plus interest.

 

It doesn't matter what the OFT sets as an acceptable charge, it can only be applied from the current or future date.

 

At the very least, the Banks will have to disclose their ACTUAL costs if they want to lessen the eventual payout. This they won't do, period!

 

So for everyone out there, sit tight, submit your claims and rest assured in the coming few months all will be on the table!

 

Views expressed in this post are purely mine and mine alone. I do not speak for all on CAG and am not a moderator. However, all I am intending to do is give a little stability to a rumour fest of supposition. STOP IT!

[Lula]

What rumour fest? did I miss something? errrrr