knellyk 2 vs Abbey!

[Lula]

Kelly. before you go running off after scanning these docs, I think that the time has come to wait for the OFT case, it is only 4 weeks, you are highly unlikely that you would get a date before the start of the test case, and IMO , unless you can show absolute severe financial hardship or a life limiting illness, it is unlikely that you are going to get he stay lifted, but I will ask around and come back.

[Lula]

I know lovvie but I had to see bits of it myself, seems to me that the judge hearing the cases is not minded to grant the stay and i have seen more dire cases than yours not granted. (with all due respect of course) :o

[KnellyK]

before you go running off after scanning these docs, I think that the time has come to wait for the OFT case,

 

 

See CF, even Lula's let you off!!:grin:

[charleyfarley]

Originally Posted by Lula

before you go running off after scanning these docs, I think that the time has come to wait for the OFT case,

 

See CF, even Lula's let you off!!:grin:

 

 

Me and Lu are best buddies. ...................that's a shame......i was trying to get you to scan all 29 pages;)

[KnellyK]

 

 

that's a shame......i was trying to get you to scan all 29 pages;)

 

:D

[Lula]

LOL hang on there, I have just been told that 2 barclays claimants got the same 29 page doc from ,, i beleive, the same judge, just getting (or trying to) the original mods thoughts on it

[Lula]

ok, Basically it states that all the issues are covered by the test case. The overriding objectives support a stay, the human rights are not breached and in any event there is no point in lifting the stay because the test case will be sooner than they can get a hearing. In any event any hardship would not be removed by lifting the stay as there was no guarantee they would payout and had every right to defend so the court would assume that they would defend to trial.

[TUTTSI]

Hi Knelly

How are you and the knitting going.

 

It looks like your document is extremely similar to the Canterbury Judgement which was held in Aug on 4 hardship claims. The Civil Judge in these cases also picked up the fact that two of the claimaints had used an internet site for their skeleton argument. My case has now on hardship grounds been transferred to Central London CC and will be heard by Civil Judge Collins - he is a senior Judge and has requested a whole batch of cases to be transferred to his court which he will hear in bulk.

 

So far no date has been set and I have been left high and dry. My complaint to the FOS has gone extremely quiet.... no change there then. Abbey, do not feel that they even owe it to me to listen to my hardship grounds....so hun we are pretty much on hold untill after the test case as no Judge is going to make a decision now about these claims. Lets just hope that the test case is conclusive enough for us all to have our stays lifted at the end of January 08.

 

All Abbey have to do in my opinion is to give us a complete breakdown of our charges, this is what we have all been requesting since DAY 1, had they had done that many of these claims would have long been settled. They must of by now given this info to the OFT as I believe this was part of the condition for this test case. Unfortunately, this has not been published, I wonder if someone knows how to get hold of these documents from all the five banks concerned.

 

Keep your pecker up.

DSxx

[KnellyK]

Hi Lula

ok, Basically it states that all the issues are covered by the test case. The overriding objectives support a stay, the human rights are not breached and in any event there is no point in lifting the stay because the test case will be sooner than they can get a hearing. In any event any hardship would not be removed by lifting the stay as there was no guarantee they would payout and had every right to defend so the court would assume that they would defend to trial

 

I think I summed it up well when I posted this in November.....

 

Basically it says...

 

Don't bother applying for a stay, you've all used the same templates from a website, let the OFT proceedings take their course and then wait for the appeal.

 

And .......... as I told you...........

 

my distraction was far more interesting!;-) :grin:

[KnellyK]

Hi Knelly

How are you and the knitting going.

 

 

Hi DS

 

I'm fine thanks and the knitting is piling up in the corner ready for the Seasonal rush!

 

Looks like we both just have to be patient and wait to see what happens in January!

 

Take care

[TUTTSI]

Hiya Knelly

 

Hope that you are well.

 

Your knitting days could soon be over.... the OFT test case result is being handed down on Thursday....

 

DSxx

[KnellyK]

Thanks DS!

 

I'm glad there's someone still awake in here!

[TUTTSI]

I had my application to lift my stay last week - what an ordeal I was up againt the Abbey barrister for a 45 minute hearing which then lasted 1.5 hours - it was very draining. I tried to put up a good fight, but at the end of the day it was the old boys act.

 

So now the only hope is the judgement goes in our favour. Justice Smith, seemed a decent enough during the test case as I went on a couple of occasions as I work on a Friday a few blocks away.

 

Speak to you soon,

 

Dxx

[KnellyK]

I was just looking for your thread DS! You haven't updated it for ages.

 

Sounds like you had a hard time last week ~ but this week's judgement was good, although we've probably still got a long wait ahead!

 

I might even have to get the knitting out again!

 

[KnellyK]

Just a little update!

 

I've had a letter from Abbey today! They've given me a nice little update on my case and told me that my case is still on hold!

 

Oh! and they thanked me for my patience!

[**Tilly**]

Just a little update!

 

I've had a letter from Abbey today! They've given me a nice little update on my case and told me that my case is still on hold!

 

Oh! and they thanked me for my patience!

 

 

I had exactley the same from Halifax :o

[KnellyK]

They're probably template letters!! :lol:

[TUTTSI]

Hiya Knelly

 

I have had a great result from Abbey, I wrote again with evidences of my financial hardship after the new waiver rules were introduced in July in fact I sent the letter on 9th August and last Friday I received a call from their legal dept, they agreed I was in financial difficulty and are transfering 65% of my claim to my account next week. This is £4,378.30 so hey, I am delighted, at least I know that the mortgage payments will be made this month.

 

I am willing to help help anyone in a similar position as I know without the help that I was given I would never have made it.

 

Also, the balance of my claim is preserved until after the test case as this offer does not predudice my claim and the balance will be determined after the OFT test case.

 

If you know of anyone who is in this situation ask them to contact me. It is not just Abbey that are paying out either, many of the banks are starting to look at genuine hardship cases.

 

Tuttsi xx

[KnellyK]

Just giving my own thread a little Bump!

 

My claim is still stayed and I've nearly used up all my wool!

[charleyfarley]

blimey KK, this is ancient history...........did you knit lots of willy-warmers? or one great big one?

[KnellyK]

Well CF, as I don't want my thread moved for going 'off topic' I'll have to include an update of my claim, so, as you know, my claim remains stayed in court ~ and it continues to add interest as the days pass by!

 

 

 

 

 

The knitting was lots of small ones ~ because there wasn't much call for one great big one!

[TUTTSI]

Hi Knelly

 

The appeals on the test case is due to be heard in about 4 weeks time so I understand.

 

In the meantime if you are suffering hardship I can help you claim from Abbey. I have received 65% of my claim and the rest is pending the conclusion of test case.

 

All the best DS xx

 

ps what happened to my scarf!

[KnellyK]

Just dusting off my thread ~ with a very long scarf

I think it must be yours DS!

 

 

I can't claim under the hardship rules ~ I consider myself to be suffering a deprivation but it's not hardship and it won't convince Abbey to consider my case any quicker!

I'll just have to carry on knitting!

[TUTTSI]

Hi Knelly,

 

My scarf finished.... at long last.

 

Well the Appeals were heard yesterday and the OFT won. But the waiver on stays are still not being uplifted because the OFT have to access the charges for fairness. Also, the banks may take their case to the House of Lords - just to drag it out a little longer.

 

We are my dear getting a little closer.....

 

DSxx

[KnellyK]

Blimey it's a bit dusty in here!

 

 

I think I'll have to take up knitting again!

 

 

My claim's been stuck in the court almost 2 years!

Doesn't time fly when you're having fun?