PSM V Abbey PLC

[JAMES33]

Hi psm, I have just read your thread and must congratulate you on your fabulous result and for your detailed report of what happened. My own court date isn't till Sept 6th and I have already submitted my bundle. Unfortunately I didn't find the witness statement you used and the one I used from the Court Bundle template did not mention the true cost to Abbey, in fact it was very short indeed compared to yours, does that mean I would not be able to use the same argument as you at the hearing? I did receive the same defence as you. Would be very grateful for any help at all!

 

Lisa

[psm]

Hi james33

 

Unfortunately I am not able to answer your querey maybe a moderator or site helper might be the person to ask. You might want to look at post #170 on the "battle with abbey" thread (sorry but i don't know how to create a link on this site.) it is a very interesting piece by GaryH that could be useful. good luck for the 6th sept and let me know how you get on.

[GaryH]

Hi psm, I have just read your thread and must congratulate you on your fabulous result and for your detailed report of what happened. My own court date isn't till Sept 6th and I have already submitted my bundle. Unfortunately I didn't find the witness statement you used and the one I used from the Court Bundle template did not mention the true cost to Abbey, in fact it was very short indeed compared to yours, does that mean I would not be able to use the same argument as you at the hearing? I did receive the same defence as you. Would be very grateful for any help at all!

 

Lisa

Just re-submit with the new bundle and witness statement. Doesn't matter that you've already submitted one or that its late - if its a small claims hearing it'll be allowed.

[JAMES33]

Thank you so much psm and GaryH for your help and advice, can I just ask if I need to resubmit my whole bundle or just the additions that I missed out before as per the new witness statement- it isn't actually due in until the 23rd August I sent it in early in case abbey applied for a stay as I thought it may help my case if I had already submitted it.

[TUTTSI]

Hi PSM, Which Court!!

Thanks

DS

[GaryH]

Hi PSM, Which Court!!

Thanks

DS

Woolwich, you'll be pleased to know!

 

(sorry I'm not psm, obviously. lol)

[TUTTSI]

Woolwich, you'll be pleased to know!

 

(sorry I'm not psm, obviously. lol)

 

Just wanted to know in case it was Barnet!!

Gary, Have your heard of any cases being stayed at Barnet. I know of one case on 6th Sept at Barnet but was just wondering what their stance was.

Cheers

Ds....

[GaryH]

Not a clue. Sorry, I thought your local court was Woolwich for some reason.

[Clippy]

My friend delivered my bundle to Barnet for me today. He was told Business as usual! apparently some cases are being stayed and some arent according to the man on the desk. I'm not getting my hopes up too much though.

[Boris Becca]

WOW! Well done have read all the way through, will do so again and again and again till next Wednesday. So tied, so scared and sooooooooo much to take in!

[psm]

Thank you, I still can't quite believe it myself. Although all the credit should go to the deicated people who come up with the goods time and again on this site. Not forgeting the judge in my case who, for whatever reason, decided to give abbey a bloody nose, probably for being so contempteous of the little man and the court system. 0We could do with a few more like her. I was just along for the ride. Still waiting for the judges directions to drop on the mat. then I will feel happier. Abbey are so slippery you can never relax.

[psm]

I have just seen the sticky posted by GaryH yesterday

 

Abbey Court Hearings - Important info

 

Great piece of work very useful for people going to court or in the process of compiling a bundel.

[psm]

Just got back from work and on the mat was a rather thick A4 envelope from the Abbey. First thoughts, they have sent me the settlement in used notes, yipeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee.

 

My glee was short lived.

 

Ashurst on behalf of the Abbey have applied for another stay. They have sent me a copy of the N244 form Application Notice together with 32 pages of supporting documentation. This includes a copy of the litigation agreement between the OFT, RBS & FSA . A copy of the OFT claim form (the quality of the copy is so poor it is virtually illegable) The FAS directions in relation to the OFT case. A letter from the FOS dated 27/07/07 regarding the OFT test case.

Can they apply for another stay when the first one has been rules, am i being dramatic but dose'nt double jepody come into play?

I feel this might be significant for CAG, but it is a pain in the butt to me.

[psm]

The funny thing is I haven't received the Directions from the Judge from the hearing on the 17th and I doubt very much that the Abbey have either. Anyway looks like I will have to dust off my spurs and prepare for the next episode YEEEEEEEEEEEHAAAHHHH

[psm]

A quick update. The Ashurst/Abbey application for a stay (mk2) has been before a judge today and I will be getting his/her decsion in the post shortly. Although I still have'nt received the judges directions from the hearing on the 17th. I am concerned that there is going to be a hearing for next week and I will be facing the full might of Ashurst. Surely they should have appeald the judges directions from the 17th. What happens if this next hearing goes against them, will they apply for another stay, and another, and another, the mind boggles

[psm]

ps. Have an enjoyable bank holiday weekend one and all.

[Sue Loftus]

Hi PSM

 

I have just read your thread in its entirety and I am delighted to find that you didn't find the hearing too intimidating and that the Judge was sympathetic. I think the Abbey are grabbing at strawers to be honest and don't want to settle cases unless they have to however it only takes a couple of Judges to decline any stays to keep the revolution going! I hope they aren't granted a further stay in your case and that the Judge makes an order in your favour - I look forward to reading the next chapter in your case. My case is listed for 24 September together with my application to strike out but have like you received the standard letter seeking a stay. I understand from Leecabs that my local court aren't staying hearings so I am now preparing my bundle. Thanks for the useful advice as I can see me cutting and pasting quite a bit of your statement into mine!

 

Regards

 

Sue x

[psm]

Thank you sue. Have you looked at the link by GaryH at post#68 that will be useful to you. Good Luck for the 24 Sept.

[Boris Becca]

psm, I am in court tomorrow, any top tips, I am finding it so hard to retain info, its so hard for me, anything significant to install in my brain?

[Sue Loftus]

Yep I have had a good read and am going to be working on my bundle this week. Was thinking of trying one more time to get Inga to make me an offer but I don't hold out much hope! I have already submitted an application to strike out to the Court which will be heard at the same time as the main hearing but she wasn't interested. Hey ho one last attempt will show the Court I tried to settle I guess.

 

Sue

[psm]

Read Post#1 on the sticky "Court Hearing Important Info" by GaryH, print it out make notes and re write the questions he suggests you use. Listen carefully to the defense solicitor, if one attends to apply for a stay, make notes on what they say and try to think of challenges/questions in reply

Try to make notes on your objections and link them to references in your bundle. Hopefully point out that the defence solicitor has come ill prepared with no bundle and no copy of your bundle. Read other threads on this site regarding court appearances.

[Boris Becca]

thank you I have printed the sticky by Gary the whole of it.I have tried to gather my own evidence also the money should never of been taken from my account as they are benifits and they are inalienable and printed of the acts and sections to relate, ther is so much to remember....... Thanks soooo much for your advice i apprciate it will keep in touch.

[Clippy]

Good luck BB. Give em hell.

[Boris Becca]

I will , just finished all prep and having some dutch courage and a fat double cream scone to top. Time to top with revision in am . case @ 2pm , thanks for your support.

[Boris Becca]

psm, read my last post on my thread, just gonna eat tea will finish it, but used an extract of the decion of your judge and gave it to my judge today, he took it to read. will catch up later. thanks for all your help.