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Jules1973 v Abbey


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No decision on bank charges before 2008 - Times Online (http://business.timesonline.co.uk/tol/business/money/consumer_affairs/article2175828.ece)

 

 

if you have subscribed already, I strongly recommend subscribing to

http://www.consumeractiongroup.co.uk/forum/general/107548-office-fair-trading-test-new-post.html

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If you want to write to your MP to ask for their intervention to try and get the waiver the FSA put in place revoked or to try and get them in our corner, this website will be able to tell you who your local MP is.

I am sending them a letter (adapted from a letter in one of the threads in the general forum) I am also enclosing a couple of articles that I came across from Andrew George MP and Lib Dem MP Matthew Taylor who are on our side with regards to the unlawful bank charges

Who is your MP?

www.WriteToThem.com Find out who your MP is and write to them, for free

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Excellent links there Jules - so thanks. I'm definately gonna write to my MP. Only thing is I'm not sure how receptive he'll be to this cause - my MP is the former Chancellor and Tory Ken Clarke!!

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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http://www.consumeractiongroup.co.uk/forum/general/108220-fsa-review-waiver.html

 

this is a great thread, and has a brilliant letter which you can adapt and send, if we all send it, it may turn things back in our favour (one voice multiplied).

 

HEE HEE someone has to have ken I suppose, mine is Angela clark

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have sent letter to all the MP's local and Angela clark. its really easy to do using the above links, whether they actually get to see them is another thing. But I have tried

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That link in post 380 just took me to the main forum index page, but I did a search for review waiver and found it that way - so I'm gonna get emailing now.

 

Actually I was just talking to a friend who says she saw Ken Clarke's wife buying lottery tickets in the local newsagent a couple of weeks ago - so maybe Ken can sympathise with us after all LOL!

:) Captial One - Won!

:) Egg Card - Won!

:confused: Abbey National - Stayed pending Test Case Judgement

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I want to use the template that gary h has kindly created, asking for the stay on my claim to be lifted. (just waiting on the formal order to arrive from the court). However, I wanted to try and personalise it a little so that the judge wasnt reading the same thing over and over again.

 

I am thinking of putting this in (the highlighted section) and wanted someones opinion it if sounded okay/was the right thing to put/or better to leave it out.

 

Balance of Convenience

 

It is submitted that a stay may potentially mean greater difficulty for me yet insignificant for the Defendent (abbey national). In fact a stay is supportive of the banks litigation strategy which is to frustrate justice by repeatedly taking the claimant to the steps of the court only to then settle the claim which Abbey have done on many occasions. (I had personally written to Abbey national Plc on four occasions before I began court action to see if they were willing to enter into settlement negotiations, thus saving the extremely over stretched judical system from dealing with this claim and limiting further expense to all parties concerned. However, these requests were either ignored or a standard response sent.

 

I had also asked on 2 occasions for them to send me a full breakdown of the costs to which they had been put by as a result of my breaches to show that their penalties really do reflect their costs, which they refused to furnish me with. I therefore respectfully ask that i am able to continue with my claim as expeditiously as possible.

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Sorry Guys bad News

 

Received this this morning.......

 

Further to your email dated 30th July to the court, i can confirm that all small claims regarding bank charges within this court are being stayed pending the outcome of the proceedings currently under way in the High court.

 

I can confirm that due to the high volume of such claims within this court, there is a slight delay in the processing of the Orders staying the claims. However, the appropriate orders should be sent out within the next couple of weeks.

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Sorry Guys bad News

 

Received this this morning....... (relates to Southend Court)

 

Further to your email dated 30th July to the court, i can confirm that all small claims regarding bank charges within this court are being stayed pending the outcome of the proceedings currently under way in the High court.

 

I can confirm that due to the high volume of such claims within this court, there is a slight delay in the processing of the Orders staying the claims. However, the appropriate orders should be sent out within the next couple of weeks.

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Hi Jules,

I've not heard anything from my court yet (blackburn).

Just my luck, wait all this time for an offer and a court date then it all goes t...ts up. never mind we will get there in the end, chins up

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have a look at this especially post 784.

http://www.consumeractiongroup.co.uk/forum/general/107861-courts-cant-suspend-all.html

 

It has a link where you can put your MP's name in and see if they are one of the Mp's that signed the Early day motion against bank charges (could be useful to put the part that Westy1 has put at the top of your letter when you send it to your mp), THE MORE PEOPLE THAT RIGHT TO THEIR MP'S THE MORE CHANCE WE HAVE OF SOMEONE TAKING NOTICE,

 

We need to do everything we can possibly think of to have the STAYS lifted on our claims, and continue with our fight on taking these robbing banks on. Good Luck everyone

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**bump*** if possible can someone answer my question in post 384.

 

Also can I ask that anyone reading this thread, also look at http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/108984-list-all-mps-written.html

 

It is such a good thread, and could benefit us all. They are trying to get a letter sent to every MP in the country regarding the unfairness of the waiver whilst the banks are allowed to continue charging us their penalty charges.

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Hi Stranger (Kev)

Not enough people have sent the letters. I even tried asking martin lewis at MSE to put it on their website asking for them all to write to their MP’s but to no avail (got a reply but he is getting the consumer charter together first then speaking to the MP’s). I told him we would all persevere so by the time he contacted them, they would be in receipt of loads of complaint letters.

I have sent a letter to my 3 local councillors , local MP & 7 MEP’s plus a complaint to the OFT (received automated reply that it will be answered within 10-20 days) and FSA (read by a Jackie Allen). Will let you know what their response is if any.

So far, I have had a response back from one local councillor and from 2 MEP’s. All three support us even though there is not a great deal they can do, one is going to make the point known to the appropriate authorities.

Massive thanks to you for sending a letter to your MP. Abbey thread has gone quiet quite so its good to look in the general forum and see that people are busy working away, and they seem a lovely bunch, and some good ideas are being banded around.

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*****UPDATE***

We received the letter yesterday from Abbey and the court order from the judge (stating all cases at southend are being stayed until the end of the test case)

As claim is in hubby’s name, he said he wont bother trying to get the stay lifted as it was the Judge and not Abbey that put the stay there in the first place and therefore is unlikely then if he will then remove it/set aside the stay. (cant persuade him otherwise).

If it had been Abbey that had requested the stay, he would of applied to get it set aside, but as the judge has done it off his own motion, then he cannot see that the judge will then lift it. He is now prepared to wait for the test case, and in the meantime, we have both bombarded the MP’s MEP’s and OFT & FSA to get them to remove the waiver/stay on everyones claim, and also signed petitions.

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  • 2 weeks later...

Hi Jules,

 

I have heard nothing about a stay from District Judge Parks in Whitehaven County Court. The date is still set for my allocation hearing on the 17th. September. Maybe that is because I also have a request for an order under the Data Protection Act for my subject access request to be complied with.

 

Meanwhile... this week I recieved the statements and list of charges I requested under my subject access request! Pity it is over the 40 day limit for such requests! I think Abbey are hoping that I will not be able to proceed with my court case against them because they have now complied, BUT they don't seem to realise that failure to comply with the 40 day limit is in itself an offence and that I can still claim compensation (I think up to £5,000!) from Abbey for that in itself, and damages as the court allows.

 

They reminded me about the High Court case and said they were requesting a stay, but I wrote to the judge with new ammended particulars of claim, removing the request for an order to comply with the Data Protection Act, but claiming compensation and damages for breach of the Sixth Data Protection Principle, and with revised schedule of unfair charges now I have the actual figures to hand. I have asked him not to grant a stay due to human rights, etc.

 

Well, the Allocation Hearing is on 17th. September... and I'm all ready for it!

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Come on everyone- we are almost in the top five of "Number 10" petitions! We have 23,119 signatures already

Only another 2,887 names required to beat 26,006 for Ghurka pensioners!

Email all you friends and family.....

send them this link Petition to: follow the Bank Charges Reclaiming Charter, which aims to end both the current suspension of reclaiming & the financial misery caused by unfair penalty charges.

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  • 8 months later...

Bet the banks wished they hadnt taken this to court now (but then I guess they did earn interest on all OUR MONEY whilst the cases were held in the court system). Only have to wait a bit longer till May 22 when they have the chance to appeal), here's hoping they dont.

 

When we all get our money, lets not forget all that this site has done for us all, and give a bit back to this website.

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