grAbbey National 'v' Hartnell - Any advise appreciated!

[psm]

Abbey have untill tomorrow to respond to my letter that gave them a further seven days to send me their bundle. I will then hot foot it to the court on monday to request that their defence be stuck out. Hopefully this will force the DJ's hand in terms of his comitment to hear all the listed cases. I just hope that this time next friday I will not have to endure what marmite-girl has had to go through.

[ICY]

This makes me so angry, i cant understand a legal system that is supposed to be there to help protect people, but railroads those who need the system the most

[marmite-girl]

im with you on that one ICY! all very unfair!!

on the upside.. i just got a statement from abbey - saying they are going to take £50 in charges on 19th August.. which would take me over my overdraft and incur more charges.. just spent 20 minutes on the phone and managed to get these charges lifted!! a small compensation for a rather ****e day!

M x

[Robdblynd]

I am so sorry you had to endure that fiasco today ..... as has been said previously it really does reek of the establishment closing ranks against the little man .... we have given them a rather large bloody nose and now they're pulling ranks on us.

 

I agree, I do think the judge was trying to scare you into not appealing his decision .... and they say the banks are bullies and intimidators.

 

Well done for getting this far and facing them in court .... if it's been me I'd have been tempted to swipe the speccy little twit with your court bundle and ask where his was.

 

Will be thinking about you while you await developments .... Keep smiling, hard as it is at the mo, the whole of CAG is behind you.

[KnellyK]

Oh dear Marmitegirl I was thinking about you at lunchtime hoping it had all gone your way!

 

Sorry to read the result -What a disappointment for you.

 

So the judge you saw reckons the test case will be held in January so we'll all probably have to sit and wait til then!

 

As Robd says, the whole of CAG are with you!

 

 

 

 

 

P.S. Did the judge comment on your shiney shoes?

[Frankey]

Sorry to hear you news and glad it is over for you - you were given tails I win and heads you lose odds it appears and so it prepares us all

 

but as we know it is not over yet Frankey

[marmite-girl]

hello all

 

after a weekend of licking my wounds and going over the whole thing, time & time again.. im back here.. ready to continue the fight.

 

now.. although there doesnt seem to be a lot one can do with the courts or abbey at the moment.. is there anything else i should be doing??

 

seen a few posts regarding writing to our mp's and such.. is anyone able to give me the correct info or templates to use. keen to help make a difference - if possible.

 

thanks again to all those who offered immense virtual support last week, i know i was a flapping pain!!

 

keep up the fight.. the shows not over til the fat lady sings.. and i aint singing yet!

 

marmite x

[Night Owl]

Hi marmite,

just read your thread and disgusted with the way you have been treated by the british justice system. We on CAG have stuck to the law and the law seems able to flout it to their favour.

I think you have been very brave going to court even though they obviously had their desision made before you got there.

I have a stay on my Lloyds claim put on before the test case announcement so have sent 3 mediation letters which have fallen on deaf ears!! All in my favour for court though as abuse of process!!

Keep up the fight and we will all win .................eventually!!

Good luck

Night Owl

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/96247-night-owl-lloyds.html

http://www.consumeractiongroup.co.uk/forum/abbey-bank/104320-night-owl-abbey.html

[psm]

Hi m-g

 

Glad to hear you are rested from the weekend. There was little else you could do to get a different result there defo seems to be a two tier justice system operating in this country at present, which is sad considering it was once the envy of the world, ah well there's progress for you. Went to the court today and handed in my form and covering letter to get judgement against the abbey for failing to comly with the judges directions. Clerk checked my case and it is still scheduled for 2.0pm on Friday and as yet no application for a stay. So fingers crossed

[ohoh4312]

Hi marmite

 

The details for writing to your MP are here:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1068589.html

 

Pleased to hear you are back in fighting form!

 

Lotsa luv

 

Jo xx

[marmite-girl]

Hello all

 

After a few months of jsut sitting back and twiddling my thumbs.. thought i would just check in and see how everyone is doing.

 

Might seem like a silly question, but where is the 'test case' up to.. has anyone heard anything positive.. or negative for that matter.. anything?!

 

Hope everyone doing ok..

 

Marmite x

[Night Owl]

Hi marmite,

I think we are all just sitting twiddling our thumbs like you!

The banks have all put in their defences.

crfx250 has put them all on CAG.

Link for Abbey's

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=1263&d=1192550567

 

More claims are pouring into the banks and clogging up the system.... shame!

Just think of the interest building up daily KEEEERRRRRRR............ching

 

Night Owl

[marmite-girl]

Hello all

 

Thought I would just drop in and see how you are all doing. This was prompted by a letter which I received from shAbbey yesterday - stating that they see I'm not paying in my usual amount and that my overdraft is soon up for review.. and if I don't start paying in more.. the overdraft 'may' go.. basically!

I was given a number to ring, which I did, after being on hold for 39 minutes!!! got through to a shirty 'boy' saying that they were just 'warning' me this could happen.

I pointed out the account was in dispute and he basically said 'so what!'

Left me feeling a bit rattled.. any nuggets of wisdom from anyone out there?

I only use the account to field a few direct debits which I was, if I'm honest too alzy to change over to my new acccount.. and I just transfer the required amount each month to cover those payments.. but the overdraft is £600 and the account is up to that, pretty much constantly, due to me not paying any more in than needed.

I'm not in a position to pay off the £600.. so not sure where to go from here.

:o

Anybody?

Hope you are all still hanging on in there.. any news from the powers that be.. ??

 

Chin chin

 

Marmite x

[Ladidi]

Hiya Marmite girl.

 

Having read your post I thought I would go to the trouble of pasting onto here what I did recently against the Abbey and won well the first round anyway

 

Good Evening all,

 

I thought I would take the trouble of sharing some information with you about what I have spent this past week doing with the "Abbey".

 

As you all know I am claiming my bank charges back through the courts and like the rest of you this has been placed on hold while we wait for the Judge to come back with is decision and findings based on what has been said and given in cout.

 

Anyway, during the process of me claiming back my bank charges which began in March 2007 myself and my husband had a £500 overdraft with Abbey. As everything was on hold and there was nothing we could do we carried on having some money paid into this account to keep the account open and active so we can get our refund when due smoothly.

 

In December 2007 they decided to take away the overdraft leaving us with a £500 debt owed. I argued they could not do this, they argued they could stating it is their money and they want it returned. In the end I spoke to a nice lady in abbey complaints who knew what I was talking about and dealt with everything or so I thought.

 

Come January 2008 the overdraft facility was removed and we was now in debt for £500 and the abbey was singing at the top of their voices to get their money back. I argued you can have your £500 if you repay my £6000. They said No can do, and kept putting the phone down on me when ever I called or spoke to someone.

 

In the end my husband called and they stated they wanted their money back at £100 per month and there was nothing we could do about it so there

 

They began taking their money and we handed in our cards and got cash cards, I warned them if I found out other wise I would be back

 

Sure enough, I did find out different. I stated to the abbey that under section 13.6 of the banking code and under the administration of justice act 1970, thay have breached both of these regulations and have acted unlawful by forcing us to repay a debt when the account is in dispute and has been since March 2007 and has not been resolved satisfactorily by both parties concerned, that they should refund my money immediatley and have my account placed on hold pending the outcome of the test case!

 

It wasn't easy to begin with, they kept tellin to write to "Legal". Turns out Legal are "Ashurst" so I emailed them and quoted the above 2 regulations, they emailed abbey and told them account should be on hold and that no further action should be done on this account nor should the debt be collected.

 

I then had this confirmed and instructed them to return the money they have already taken from my husband and myself for the said debt as the collection was illegal. They informed me that, as the account was now on hold they would have to check all of this out. I informed them to do that, and ended up with a very helpful lady in complaints who informed me that as the money is going to be repaid that meant the debt would increase back to as it was, I said fine do that as you have caused me hardship by forcefully collecting this, as I have to wait for my money Abbey can wait for theirs. It has took a long 48 hours to keep reminding them I was not going to go away and I wanted my money back. Today they have finally agreed to reinstate the overdraft temporaily until the outcome of the test case and reimbursed me £300 with immediate effect!!

 

Not a bad ending to a stressfull week, which begs the question...as I got the refund of monies paid back to me for a debt owed...is there some good news around the corner from the good Judge himself???????

__________________

 

I hope this was of some help for you in your argument with Abbey

[Lula]

Hmmm that is very interesting indeed and thank you for sharing that with us, I dont know whether this means that the end is nigh for all our cases, but it might well mean that "legal" are very wary of incurring more wrath of account holders

[marmite-girl]

Hi Ladidi

Thanks for that - I'm going to cancel the direct debits I have from that account and stop paying in any money at all. The money I had intended 'winning' back in court was going to pay off the overdraft (and some spare for me!) I just dont have the available funds to pay it off now.

I will just sit tight.. and hold your comments close to my chest until a time I need to use them!

Thanks again.

Watch this space.

Cheers - marmite x