Battle with Abbey

[Boris Becca]

HELP!!! I have had no bundle nor the courts and want to apply to the court to have it struck out on the basis that in the last order that these should have been supplied to all parties no less than 14 days before hearingwhich is next wednesday. I have the N244, can someone knowledgable help me fill it in as soon as poss. I kniw there is a cost, but as I am benifits it is waivered for me, so nothing to loose. This would of worked normally wouldnt it? so lets do it YES, NO ????????? Spoke to the ombudsman today for assistance on how they deal with a "HARDSHIPCASE" they said that Abbey must know I am putting forward as hardship case, I have called and told them and I will provide evidence at court. Any comments?

[GaryH]

Forget the application - by all means send a letter to the court informing them that the defendant hasn't complied (I'll find one in a minute), but breaching small claims track directions is not grounds for a formal application, unfortunately. Even if it was your application would have to be listed for a hearing which would more than likely be at the same time as the existing hearing.

 

You mean you have called Abbey? It would also be an idea to write to them I think.

 

Collect the evidence which you'll put forward to establish yours is a hardship case along with anything from the FOS or FSA website which says they should be exempt from the waiver.

 

Have you got your stay objections template sorted? Get everything uptogether and I'll talk to you sometime over the weekend to see where we're at.

[GaryH]

Here you go -

 

[you]

 

District Judge ******

C/O The Court Manager

****** County Court

Court Address

Postcode

 

[date]

 

Dear Sir/Madam,

 

[You] -v- Lloyds TSB Bank Plc

Claim No:********

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated [date]

 

The defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, upon which it intends to rely at the forthcoming hearing.

 

I wrote to the defendant's solicitor on [date] to request that it serve the Defendent's documents at its earliest convenience. I have received no response to this correspondence.

 

I can confirm that my documents were filed on [date] and served to the Defendant on [date]

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4 of the Civil Procedure Rules, or other order as the court deems just.

 

Yours faithfully

[GaryH]

Is the hearing next Wednesday? What time is it?

[Boris Becca]

Wednesday @2pm

[Boris Becca]

just bathing kids will answer rest in10! thanks so much your a star!

[Boris Becca]

Just above paragraph 3 , shall I delete that part as I have not written,as suggested. I get what you mean now ,but will send this letter. I have not done my stay objections yet will do tonight, have you got any links to oft and fos sites? Would be good to catch up , do you know if anyone can possibly come with me yet? I did speak to Clare Fletcher briefly, I told her it would be put forward as a hardship case and to remind her that I had explained this before in writing . She really had nothing to say, except that they would be sending a Barrister! Nothing we dont know.

[Boris Becca]

On the above document which I wana send 2 moro shall I leave para 3 out, as I have not done this?

[GaryH]

Yes, leave it out.

[Boris Becca]

cool:)

[GaryH]

Here you go -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/111571-abbey-court-hearings-important.html

[Boris Becca]

ok, been away at weekend, can I catch up with you tomorrow DEF . day before court!!!!!

[Boris Becca]

Nothing thro the post this A.m will call the courts , just in case , but very much doubht it, Please need to catch up just to go over last things .

[Boris Becca]

Does anyone know if there have been any wins latley with srike outs or anyway realy, interested to know, I have read psm which is very interesting, am so nervous now!!!!

[Boris Becca]

Called the courts and all is on for tomorrow. They told me that the defendants had just called also for confirmation so I will undoubtably see them tomorrow!

[Boris Becca]

o.k ready as i will ever be, be back on in the a.m need to leave at 1pm ready for case @2pm. .... off to drink a little vino!

[Boris Becca]

Well, back from court, was in ther for a hour an half! Abbey did not get granted their stay today! The Judge wants time to reflect on today and discuss with his felow judge. The Harry Potter lookalike requested ther stay along with all the jargon, which I appossed to for a number of reasons. He did not have my bundle so obviously i mentioned breach of the order, why didnt they apply for a stay weeks ago and that if the judge was not to give the stay , how would he defend the case. he had no instruction to defend the case. At this stage I passed on the stay statements, Thanks to GARY. It was explained to me it was in our best intersts in veiw of the OFT. I said I realised this however my case has been dragging its feet and then mentioned the cpr 18 and that I requested that back in June wey before the OFT and I had no responce from Abbey. I then mentioned about my Hardship case and that I had looked at various websites of the social security act 1992 and that benifits should be inalienable , I passed a load of printed stuff showing this, the barrister was asked about it , he said he new nothing about this, so could not comment. The judge said he would take it on board and have it looked at, we spoke about how much of the charges taken was benifit money etc.I took income and expenditure which I did with the CAB and proof etc. going to eat tea finish in a bit............

[Boris Becca]

I took along an extract of psm:s for the judge , I asked first if it was o.k and gave him the bit about their judges descion to stay the aspect of the case relating to unfair terms whowever the Abbey in its defence had stated at para 6...... and so on and that this part of the case was ajourned. We then went through Abbeys defence cross refrenceing, he seemed interested and will consider. so basically several isseues. So in summing up the judge reserved judgement on the application of a stay , to discuss with his brother judge , he said " they wanted a consistant approach to case managing" and would conider all infomation given and give an answer in writing within 3-4 weeks, with consequential directuions, and if a stay is ordered with supplimentry orders.Hopefully granting the points bought up in the "in the alternative" part of the stay statement. If he turns down the stay it will come with a new court hearing date. The judge was understanding and I am so fed up with the banks fobbing off, again will just have to wait and see, but in the mean time food for thought on our part, but also for Abbey, not to be so compacent. Before we went in the barrister said , dont worry it shouldnt take more than 5 10 mins ,he shook my hand when we got out after an hour and half and said well done, he wasnt expecting that!!! Thank you to everyone especially Gary, who without you I would never of done this ,I mean it from the bottom of my haert, no other way heart.... good old vino.

[Boris Becca]

when I asked about "why abbey didnt apply for astay sooner,rather than using today, the hearing, the answer given was that they had sent out a letter about the stays being applied for and showed me a copy, I said I had a copy buy personally felt that the letter could be miss leading to some people in that a stay was already the case and that you can bet your bottom dollar that if I hadnt kept to my part of the order they would be applying to have my case struck out today! the judge mentioned about me claiming as alitigation in person, basicaaaly claiming charges against Abbey for being ther today. I hope all this helps everyone.

[psm]

well done BB great job. It feels good when a judge takes you seriously eh. Whatever the outcome, it is more food for thought for the Abbey. Sounds like the Abbey were a complacent as ever. Any film makers out there, read this site there is a wealth of material for another "carry on" film.....

"Carry on Soliciting"

[Boris Becca]

Yes, it does feel good, waiting now for the newt part of the roller coaster ride!

[Boris Becca]

im back, obviously the case got stayed, i will post up the outcome tho for you all to see. hope your o.k Gary, happy new year to everyone. Roll on next week, thats what I say.

[mooreda]

Good Luck - watching with interest

[Boris Becca]

Good morning all, woken up at 6.45 this a.m. to a phone call from southern counties radio, they have quastion and answers on bank charges, they have been following my story, so will be on the radio, as always will mention cag. Back soon!

[zootscoot]

Excellent

 

Let us know how it went