Nimrod10 v Abbey/ Court orders stays to be lifted.

[Nimrod10]

I have two outstanding actions against Abbey which have been stayed since October 2008. Now, suprisingly, The District Judge has granted us hearing dates on both of them. Has anybody had a similar experience and are Abbey likely to appeal the granting of a hearing? It's going to cost us a further £600 in fees to progress or risk the case being struck out.

[Guest Old_andrew2018]

Bump

[Alphageek]

Are these claims for bank charges?

[Nimrod10]

Yes. I won one claim against the Abbey and the two remaining claims got caught up in the original stays. I've rung the Court who say they expected that all claims would be stayed until January 2010 but the District Judge has offered us hearings on both our outstanding claims which have been with the Court for almost two years now.

[noomill060]

interesting

[noomill060]

I wonder why this has happened now.

[citizenB]

There will be a few people watching this.

[MARTIN3030]

Yes very interesting.Has there been notification to you that it will be struck out if not further pursued now ?

How were you notified about this ?

 

And can you say which Court ?

[Nimrod10]

The cases are at Bury County Court. If I do not pay the small claims hearing fees within 14 days both claims will be struck out - this amounts to a further £300! The hearing date was notified to us by letter from the Court following my usual 6-monthly letter asking the Court to keep the claim open during the stay process. I have used the CAG template letter for this twice now, identical wording. The first time resulted in a further stay the second time a hearing. The Court officer I spoke to has no idea why a hearing has been granted and has suggested I can write to the District Judge for an explanation. I think I'd rather just go for the hearing and hope that Abbey don't turn up.

[MARTIN3030]

Thanks.

[MARTIN3030]

I saw that theres no background to these particular cases,can you say at what stages the cases were at when they were stayed ?

[Nimrod10]

Hard to remember now I feel as if they've been on hold forever!

Papers had been lodged with the Courts and we were awaiting directions as to a hearing. One claim had just been accepted out of court and paid in full by Abbey.

[Nimrod10]

Background was on the forum but has recently been deleted.

[Guest Old_andrew2018]

was this the original claim http://www.consumeractiongroup.co.uk/forum/abbey-bank/218131-nimrod10-abbey.html#post681652

[Nimrod10]

Yes, I seem to recall I made reference to 1 case won and 2 outstanding.

[MARTIN3030]

Yes I saw the won one-and have amended the thread title there.

So you went through allocation for this second one-was there a bundle exchange done for it ?

[Nimrod10]

I've been back through my paperwork today as I have to pay the small claims track fee today. Got as far as the AQ and then both claims were stayed. I've had a couple of letters over the past two years from Abbey, the usual rubbish about waiting for the High Court decision but other than that nothing. Their 14 days to ask for a futher stay are also up today so we could well be going for a hearing. I've heard nothing from Abbey at all.

In my letter to the Court I quoted the "rights under the European Contravention of Human Rights (ECHR) as set out in Schedule 1 of the Human Rights Act 1998, Article 6.1". Maybe the District Judge also agrees that two years is a long time to wait.

[MARTIN3030]

Ok a little clearer.Its very difficult to speculate as to what prompted the decision.Many used the Human rights arguement in their applications to have stays lifted,yet it was not taken into account.In fact in one of my own hearings for the stay to be lifted,in opposing it,the defence actually argued that the Human Rights Act equally applied to THEM !!.

 

Whatever the reason,its good to hear.

Abbeys lack of response also seems baffling.

You say that papers were previously lodged,so presumably everything is in place for the hearing.

Just one thing that I was thinking of-that is your original Particulars of claim is likely to have used the "Penalty" Charges arguement-as you probably know,this was ruled on by Justice Smith.

Also,does your POCs seek to rely on common law ?

 

When did you write your last letter to the Court ?

[Nimrod10]

Yes I to used the same Human Rights Act before and my stay wasn't lifted so I'm not sure what has prompted the District Judge to take this action.

I'll have to check back and see what needs amending. I'm quite looking forward to it particularly as Abbey gave the new defence and the period of charges I'm claiming for was before the new Terms & Conditions came into effect. In my opinion therefore their defence is flawed?

Is there an updated court bundle anywhere?

[MARTIN3030]

Advice from the team is not to do anything at the moment to muddy the waters-what is the date thats been given for the hearing ?

[Lula]

subbing with great interest

[Nimrod10]

The date for the hearing is 3rd November. I'm going to the Court office today to pay my small claims track fees and am going to ask if Abbey have filed anything further with the Court. The Court Office is confused as to why I am being granted hearings, do you think I should write to the Judge asking for advice? In my opinion this may only point out his error?

[MARTIN3030]

No I suggest doing or saying nothing,apart from asking if Abbey HAVE filed anything.

[Nimrod10]

Thanks, will keep you posted. I was hoping others were in the same boat not sure I like being a pioneer!

[MARTIN3030]

Thanks, will keep you posted. I was hoping others were in the same boat not sure I like being a pioneer!

 

Nothing wrong with being a pioneer-you are certain to attract a few followers-so wont be facing this alone !!