me vs abbey national

[billyisgod]

another update, its like a blog this isnt it?

 

on the 8th October 2007 i recieved notification from the Court that Abbey had requested a stay, funnily enough, and it had been granted.

 

so today after having read more on this forum i filed an N244 application to have the stay lifted and the case heard.

 

i await a response ;-)

[zootscoot]

Good luck Billy

[billyisgod]

i recieved a response yesterday saying that the type script on the N244 was not legible and had to be made bigger even though you couldnt do that on their own online form? anyway i blew it up and went back to the Court to resubmit, they then claimed a blown up version wasnt acceptable and it had to be retyped in minimum font size 11? so i am doing that this morning.

 

the interesting bit is as follows, the civil court manager is very certain that the test case will not go the distance and he fully expects the banks to withdraw from the process at some point during the 8 days? he said he couldnt say why he was so sure this would happen but assured me his information was from a very reliable source involved at a relatively high level in the test case itself?

 

anyone else heard this? any solicitors with any contacts in the know care to support or dispell this one?

 

of course the credibility of the source cant be proven unless this actually happens but he was very easy to believe and seemend convinced and confident that his information was good?

 

i love a good rumour nearly as much as a good legal scrap

[Lula]

interesting, i will make some enquiries

[GaryH]

i recieved a response yesterday saying that the type script on the N244 was not legible and had to be made bigger even though you couldnt do that on their own online form? anyway i blew it up and went back to the Court to resubmit, they then claimed a blown up version wasnt acceptable and it had to be retyped in minimum font size 11? so i am doing that this morning.

Strange. Never heard of that before! I don't even think you can adjust the font size on court forms can you????

 

In any case, I really wouldn't bother applying for the removal of a stay - it'll be an utter waste of time and money. No district judge in the land is ever going to lift a stay and allow a case to proceed at this stage only a few days before the issues are due to be fully determined by the High Court. Even the DJ at Woolwich stayed psm's case last week - and that was after previously refusing a stay on 2 occasions, and psm was represented by a QC!

 

Wait until the first instance result and if (when) it goes our way apply to lift the stay then, notwithstanding any appeals.

 

the interesting bit is as follows, the civil court manager is very certain that the test case will not go the distance and he fully expects the banks to withdraw from the process at some point during the 8 days? he said he couldnt say why he was so sure this would happen but assured me his information was from a very reliable source involved at a relatively high level in the test case itself?

Absolutely, catagorically, will never (ever) happen in a million years! Sorry.

[Jean_B]

Sorry, I'm sure its on the site somewhere but I am a little confused by this 'stay' stuff.

 

I just read on a news report that this court case could well take years and there is a feeling the banks will make it last as long as possible.

 

What does this mean for me who has just submiited a claim to Abbey?

[GaryH]

Hi Jean.

 

It just means that your claim will be stayed (suspended) until the outcome of the test case, where the issue of the legality of bank charges will be fully explored and decided by the High Court. It could last years in that the decision may (or will) then be appealled up to higher courts, but providing the High Court decision goes our way you should get paid out then.

 

Have you got a thread?

[Jean_B]

Thanks. Yes I do Jean vs Abbey

 

I will ask more questions on that.

[billyisgod]

In any case, I really wouldn't bother applying for the removal of a stay - it'll be an utter waste of time and money. No district judge in the land is ever going to lift a stay and allow a case to proceed at this stage only a few days before the issues are due to be fully determined by the High Court. Even the DJ at Woolwich stayed psm's case last week - and that was after previously refusing a stay on 2 occasions, and psm was represented by a QC!

 

 

i applyed for the stay to be lifted and paid the fee before christmas although i have now decided to wait and watch events as they transpire next week before re-submitting.

 

Quote:

Originally Posted by billyisgod

i recieved a response yesterday saying that the type script on the N244 was not legible and had to be made bigger even though you couldnt do that on their own online form? anyway i blew it up and went back to the Court to resubmit, they then claimed a blown up version wasnt acceptable and it had to be retyped in minimum font size 11? so i am doing that this morning.

 

Strange. Never heard of that before! I don't even think you can adjust the font size on court forms can you????

 

you cant mate thats the point!