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    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
    • They have email and phone - and they could have asked/ emailed me?  The research I have done shows creditor's can use email to serve.   They never asked me where I moved to. The knew they made me homeless but they were regularly communicating other things by email - so they could have asked. They didnt.  No idea how they found the elderly relative. tbh - I don't have a fixed abode.  
    • Do they have an address for you?   if not, how are you expecting them to bring it to your attention? And / or serve it in person??
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srfrench

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

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


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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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! :D

 

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!! :cool::D 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.......... :rolleyes:;)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I was sat where the Barristers normally sit! ;):D

 

It was only because it was standing room only :o


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Had our little nap have we? :-)


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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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)


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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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?


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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

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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


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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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.

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


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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it must be great to be so brainy :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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PMSL.................I have my moments :p

 

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! :D


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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money magnet :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I hope payday comes early this month to us all.;)

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


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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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? :-?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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lol patience Penfold :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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So what's the judgement?


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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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! :p


srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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What rumour fest? did I miss something? errrrr :D


Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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