PSM V Abbey PLC

[Lula]

oooooooooo we like that, very very much, so what was the application of 22nd August? a Stay? ROFLMAO

[psm]

yep 2nd stay application with £65 cheque

[Lula]

FFS ROFLMAO!!!!!!!!!!!!!! nice one

[psm]

Here's a thought provoker. What level of bank stock holding would constitute a conflict of interests for a District Judge?

[GaryH]

Any sort of reasonably significant stock holding I should imagine - although the consequences for a district judge would not be anywhere near as servere (if at all) than for a higher, precedent-setting judge.

 

Why? I suggest you PM me if you are aware of any specific examples, rather than posting on the public forum.

[psm]

No reason. Just sleepless in South London

[GaryH]

Damn! Thought you might have a revelation for us!

 

In fact I remember a while ago that a district judge stepped aside from presiding over a claim because his wife was claiming back charges! So I think they must have to declare any sort of conflict of interest such as that.

[JAMES33]

Thanks for taking the time to post in my thread psm - Just noticed the time of your post do you ever sleep!! Great advice (as always) I did have the breach of contract defence so will be using that on 4th Oct and have copied the Order you have received. Have been studying the CPR rules 3.9 and 3.9 too and hoping to use these also as Abbey did not submit a bundle or reply to my lba etc. I doubt they applied for a stay in the proper manner either, thanks again, your thread is a mine of useful information and I really want to wish you all the best with your claim

 

Lisa

[GaryH]

Have been studying the CPR rules 3.9 and 3.9 too and hoping to use these also as Abbey did not submit a bundle

Be aware that CPR 3.8/9 only applies to orders which carry sanctions - I.e. "If the defendant does not comply with this order the defence will be struck out..." etc.

[Sue Loftus]

Hi PSM

 

I hope you don't mind but I have PM'd you. I'm delighted at the order you have received and am so pleased that there is a Judge out there who will look beyond his/her letter or recommendation from Judge Moore-Bick, Hurrahh! There is hope for the rest of us.

 

Well done again and if your hubby feels like a little tripette to East London tomorrow afternon please let me know

 

Sue x

[psm]

Morning Peeps

 

As well as contacting the PM re Bank Charges it might be woth sending a message to David Cameron at webcameron: David Cameron there is a forum on his site that, once you have registered and signed in, you can create topics or comment on existing ones. I imagine there is a similar site for the Lib Dems. If the PM won't act you can at least give the opposition another stick to beat him with.

[determindator]

Hello PSM,

 

I believe there are Labour MP's who are working on this but unfortunately it can seem quiet whilst they busy away at such an important issue, and I see it as being the nature of the beast. Have you seen post 58 7/9 by Olden in thread 'Urgent info needed to confirm bank leak' It gives more faith in the government system. There will be much lobbying and I am holding onto this.

 

All the best to you

 

Determind

[determindator]

Hi Guys,

 

we are in the process of organising a meet the thread is Xmas meet in London 24th November

 

hope to hear from you

 

 

D

[TUTTSI]

Just got home on the mat was a letter from the courts

 

General Form of Judgement or Order

 

Before District Judge ########## sitting at Woolwich County Court

 

Upon hearing both parties in person

 

IT IS ORDERED THAT

 

1. The claimant's claim insofar as it is based on the assertion that the charges levied amount to a penalty is adjourned to 7 JANUARY 2007 (ooops they got the wrong year) AT 14:00. Time estimate 1 Hour before District Judge ##########

 

2. Defendant to file and serve by 4.00pm 5 October 2007 any documents and witness statements on which it seeks to rely in relation to the issue set out in Paragraph 1 of this order and in default, defence will be struck out without further order.

 

3. If the Defendant contends that the cost of each transaction exceeds the sum of £5.00, it must include evidence in its documents or witness statements of the actual costs.

 

4. Defendants application of 22 August 2007 is struck out.

 

GAME ON!!!!!!!

 

PSM, did they file their papers in to court by 5th October... if they did not you could go for a strike out.

DSxx

[psm]

They did not file any papers by the 5th but that is no surprise. Will be going for a judgement in due course. Watch this space.

[Lula]

Brilliant, file for judgement

[psm]

JUDGEMENT DAY IS COMMING.

 

Happy New Year one and all.

[psm]

Today was judgement day for my claim and I can report that pantomime is alive and kicking in our law courts. Abbey were allowed to stay the "Breach of Contract " part of my case that had previously been disallowed twice before. Pantomime might be a strong term more fitting would be "Whitehall Farce" To begin with, the Abbey defence had been struck out due to non compliance back in October 2007 however that did not stop them from being allowed to amending their defence so it would fit into the OFT remit. It gets better, the Abbey claimed that the terms and conditions that they had been happy to use, until being rumbled, were in fact meant to be interprted differnetly and the term "breach of Contract" didn't mean that at all, one has to question the competence of their legal support. I cannot write much more as I am seriously disillusioned by the whole process, my only regret is that Briam Rix didn't walk in and lose his trousers, still there is still time in the OFT court hearing. So I am in the same boat as the rest of you waiting and hopeing that the farce stops in Woolwich.

[TUTTSI]

PSM, welcome to the club, the banks really have the courts eating out of their hands, I think it is terribly wrong that the cases bought before the test case have been stayed pending the OFT case. I am sure that the CPR rules have been broken. I think we should all turn up at the high court for test case in our 1000'ssss to make a protest about the way we have been treated.

 

Ds

[psm]

I am up for that

[Night Owl]

That really is disgusting behaviour psm.

What a farce.

I really do think we should join forces in some sort of protest in our thousands tuttsi.

How is it legal to be treated in this way?

Night Owl

[ICY]

Dont forget guys freedom of speech is not allowed, if those in power dont like what is being said.....However, bring it on, cant beat a good protest.

 

good luck psm

[TUTTSI]

That really is disgusting behaviour psm.

What a farce.

I really do think we should join forces in some sort of protest in our thousands tuttsi.

How is it legal to be treated in this way?

Night Owl

 

I am not sure how legal it is to start a protest and how many peeps would actually turn up, one thing is for sure the press and TV crews will be there.

 

It was an idea I thought of when I was very, very mad about my own case.

 

Ds

[psm]

In all the excitement I almost forgot to mention that the infamous Inga Kirkman attended court, now there is a turn up.

[Lula]

now THAT piqued my attention, tell us, is she green with horns? did you take a piccy on your phone, oh PLEASE say tyou took a pic, or did Gary?