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us v the Abbey for £7,500***WON***


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Honestly Deedee - you're nuts! :)

 

STEP AWAY FROM THAT COMPUTER - and get back out in the sunshine!!

 

Hope you are having a great time, and relaxing!

 

Good to hear from you - enjoy the rest of your hols.

 

Lotsa luv

 

Jo xx

 

Now go and do this!

 

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I have received the very same letter from Abbey. Well, thats not the name I call them out loud!!!

Grrrrrr.....

Its so annoying. I have not even been told which court my case has been transferred to....

Double Grrrrrr........

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Hi cicerone

 

I can fully sympathise - all this waiting around, not knowing what's happening, is grossly unfair, and, my opinion only, seems to be playing right into the banks hands, by making people seriously consider giving up.

 

I have STILL not heard from the Court - no response from my email, and due to circumstances I couldn't get in there Friday morning.

 

So I have no idea whether they submitted the AQ, - if they did they didn't have the decency to send me a copy - whether the case has been stayed, or if I can request Judgement for non-compliance.

 

Frustrated just doesn't cover it! :mad:

 

So I am going to ring at 10 am, and leave it ringing until I get a bloody answer. Any answer is better than being in limbo, so to speak.

 

I will let you all know - just don't hold your breath!

 

Jo xx

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Hi all,

 

Well, I finally got an answer, of sorts, from the Court:mad:

 

They DID sumbit the AQ, but wouldn't tell me when!

 

The file is with the DJ being reviewed - "you should hear in a week or so."

 

So I asked if a blanket stay was being put on all these cases, and received a resounding "No" as an answer. But I know of a case on Monday where the Claimant appeared in court (at Croydon) to find out that the Judge had already decided to stay the case.

 

So, to be honest I am none the wiser, apart from knowing that I can't apply for Judgement for non-compliance:mad: :mad:

 

But I honestly think the next update will be to say that the case has been stayed.

 

Oh well, off to stop my bored kids killing each other - when is it ever going to stop raining????:(

 

Lotsa luv

 

Jo xx

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Hi Jo yeah its all gone a bit slow on the court front with me as well 9 working days now since I submitted my CPR 18 and its still with the judge Doh!:mad:

 

ICY its belting down with rain here (West End London) so dont rub it in!:p

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I know Lee, its a real bummer just waiting on the inevitable. Or maybe not - have you seen Featers post? Excellent result in Court :)

 

And yes ICY, since you posted/boasted :p about the sunshine, its been bucketing down:mad:

 

You are not trying hard enough to send us a bit of sun, are you? :D

 

Lotsa luv

 

Jo xx

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Yes good news regarding feater think im going to really have to learn all the points of arguing against a stay when it comes round to mine. Gonna start putting a bundle together at the beinging of September if this CPR 18 Request is not granted.

 

We need SUN! To cheer us up!!!!

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Hi all

 

Been away for a few days - chasing the sun!:D

 

Got back an hour ago, and excitedly went through the post.............

 

ABSOLUTELY NOTHING! :mad: :mad:

 

I am more peeved than I can say - why can't the Court just let me know what is happenning?? I really thought I would have heard by now......that a stay had been granted, undoubtedly, but at least I would know for sure.

 

Anyhow, hope everyone is okay, and I will be back with a vengeance (well, more like a a whimper probably!) to try and help one and all, on Wednesday, when the little darlins' finally go back to school!!!;)

 

Lotsa luv

 

Jo xxx

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Hiya

 

Just letting you know that to date my court have not received any application from the shabby to stay my claim which is being heard on 24 September together with my application to strike out their defence. Shabby have written to me saying they will be applying for a stay but so far nothing. My case is being heard at Bow like Lee so probably will get stayed but as I said nothing from Shabbey yet.

 

Sue x

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OH MY GOD!!!!!!!!!!!!!!!!!

 

This is what arrived in the post a few minutes ago:

 

General Form of Judgement or Order

 

Before DJ XX sitting at Croydon County Court

 

Upon the Courts own motion. The Court has made this order of its own iniative without a hearing. If you object to this order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

 

The matter be listed for a Preliminary hearing with a time estimate of 15 minutes to consider staying the claim or making further directions, including allocation or striking out of either the claim or the defence in the event that either the Claimant or the Defendant does not attend.

 

Dated 21st August 2007.

 

Attached to this:

 

Notice of Hearing

 

TAKE NOTICE that the Hearing will take place on

 

21 September 2007 at 2:00PM

 

at Croydon County Court

 

When you should attend.

 

15 MINUTES has been allowed for the Hearing.

 

--------------

 

Less than 3 weeks away!!!!!!!!!

 

Does everyone think that they will just turn up to ask for a stay? Or request one beforehand?

 

I am cakking myself now - I really never expected this!!!!!

 

Any thoughts please? Should I prepare anything, or just expect the stay to be requested and granted?? I know the obvious bits and pieces I should have, but I am really flustered now!!

 

A very bewildered Jo xx

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Hey Jo.

 

Long time no speak! As you can see I'm back to old tricks (posting at obscene hours of the morning).

 

I'm at AQ stage now too for shAbbey and Haliprats. £200 to find after a two week holiday abroad - yiiiiikees.

 

I guess waiting is the game now. If they apply for a stay, get an N244 Notice Application in pronto. Hope you're well otherwise. Are your boys back to school this week?

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi Jo,

I aint got no good information for you (I'm still waiting to hear myself), but I am keeping everything crossed for you. xx

 

Aw bless you - thank you for the support, it is greatly appreciated. I have gone back to my jelly-like state at the thought of appearing in Court, but I reckon the outcome is now a foregone conclusion.:mad:

 

Hey, at least it gives me a chance to don to the old "glad-rags" I suppose!;)

 

Lotsa luv

 

Jo xx

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Hi Deedee

 

You are still nuts!! ;) 5am and all's quiet, and you are tap tap tapping away on the keyboard!! :D

 

I hope you had a great holiday - sorry about you having to find the AQ fees; I don't even think the AQ is looked at half the time, it's just procedural. :mad:

 

Anyway, I now have a great letter to hand to the Judge against a stay - being presumptious like the shAbbey now, but really expecting them to turn up just to request this. Although I have no illusions - going on recent cases, I can't see the Judge coming down on my side.

 

But I've got 2 1/2 weeks to fret about it, and/or dream that they don't turn up!!!

 

Take care hun

 

Jo xx

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Hi Jo

 

Very glad to have been able to help. All the very best for 21st Sept - will be watching your thread with GREAT interest!

 

Just a huge shame there's NO consistency across the Court system! Shows the whole Judiciary system in a very bad light.

 

Once again, all the VERY best - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi Deedee

 

You are still nuts!! ;) 5am and all's quiet, and you are tap tap tapping away on the keyboard!! :D

 

I hope you had a great holiday - sorry about you having to find the AQ fees; I don't even think the AQ is looked at half the time, it's just procedural. :mad:

 

Anyway, I now have a great letter to hand to the Judge against a stay - being presumptious like the shAbbey now, but really expecting them to turn up just to request this. Although I have no illusions - going on recent cases, I can't see the Judge coming down on my side.

 

But I've got 2 1/2 weeks to fret about it, and/or dream that they don't turn up!!!

 

Take care hun

 

Jo xx

 

Methinks it's time to start preparing your court bundle :D . Maybe if you send it in now, shAbbey will see how serious you are and try and reach a settlement. If they have been successful in being granted a stay (start calling the court now to try and find out ahead of the case), complete Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE.

 

I may be wrong with the above but this is what I intend to do when I am granted a court date.

 

Big hugs and kisses - you're a trooper for getting this far and you're my best friend on CAG, so I'm really pleased for you.

 

Speak soon lovely.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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Hi all

 

Deedee - thanks for your kind words, really made my day :) except for the bit about doing a bundle - SCARY!!:D

 

But, I am compiling a "mini" bundle, with a Statement of Evidence and all the attachments - Unfair fees report, BBC transcripts etc.

 

Along with my Objection to a stay, I am going to include the OFT PoC for the test case - an idea copied from another member, I hasten to add! This makes very interesting reading, especially as it was amended on 29 August 2007. There is no specific reason for this given, but I think it is to account for the fact that the banks, well shabbey definately, have amended their T & C's.


  1. 11 Pursuant to an agreement entered into between the OFT, each of the Defendants, and the Financial Services Authority, dated 25 July 2007 (as amended by an agreement dated 29 August 2007) each Bank has provided the OFT with a copy of relevant personal current account agreements and tariffs that are currently in force or are to be in force as at 1 October 2007 ("the Current Agreements") and a representative selection of previous terms, conditions and tariffs contained in earlier agreements ("the Historic Agreements") that are in dispute in the county courts between individual customers and the Banks.

Is this another tactic by the banks to try and wriggle out? Surely they cannot argue on the new T & C's, as all claims filed up till Friday 7th September, and in fact beyond that, are based on the old tariff??

 

Even though they have now, stupidly, been using the new T & C's as the basis of their defence for recent claims, when they don't come into effect until TOMORROW!

 

So my argument will be that if the Test case now looks at the unfairness of the new T & C's, whatever the outcome it will have NO bearing on my case, as I am arguing under the T & C's that were in effect for the duration of the charges being claimed. Therefore there is no valid reason for a stay on my case, and it should be processed through the Court system without reference to any impending High Court case.

 

So, thoughts everyone? Is this a simplistic view of the whole scenario, (probably!) or a valid argument??

 

The whole thing is doing my head in - nothing new there! - but as preparation is the key, I am trying my best!

 

Any thoughts/suggestions/comments (even rude ones!) would be greatly appreciated. ;)

 

Have a good day all

 

Lotsa luv

 

Jo xx

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Hi Jo

 

No, I don't think its a simplistic view - IMHO its a very valid argument.

 

There's the text of a document that I've put together (with MUCH help from GaryH) that I intend to use for stay removal on my Abbey claim, on GaryH's thread here (post31) that may be of use to you

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/111571-abbey-court-hearings-important-2.html

 

Have a read & see what you think. As far as I'm aware, its OK to attach the OFT POC to it to add further weight to the argument (but I'm not certain). Gary thinks its probably OK as well.

 

Hope that helps - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Hi all

 

Thank you Adam - I have read, and digested, and read some more...

 

but it is not helping!!!

 

I am in court a week on Friday, and I am seriously bricking it!!!

 

I have the arguement against a stay, with my amendments regarding the new T&C's and the fact that the test case may not go ahead...... but I am SOOOOOOOOO worried - I never wanted to go to court in the first place!

 

And I have already polished my shoes;) ...................so what else should I be doing????????

 

Any help would be gratefully received.

 

Lotsa luv

 

from a very freaked out pile of jelly called Jo xx

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Sounds like you need some cleean pants and a stiff gin too :D

 

On a more serious note, have all your stuff to take to court with a copy for the judge and the dickhead that may turn up, also have your crib sheets with a short account of what you want to say, the judges are there not to intimidate you, and they fully understand that you are a litigant in person and they will be pleasently surprised that you have done your homework, this is a plus point for you.

 

The judge will not let you be "bullied" by the barrister and wont let them pull any dirty tricks :-)

 

Hope this has set you mind at rest a bit.

 

Is there anyone that can go with you to hold your hand/have fresh underwear available?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thank you sweetie :)

 

Ever the voice of reason!

 

But no, there's no-one who can come with me - well, no-one sensible anyway;)

 

I think my main problem (apart from needing clean pants!) is that I am okay with the written word, but I am crap at Public speaking - my nerves get the better of me and I either clam up or waffle on inanely!

 

Heyho, all this worry and I'll probably get a letter next Thursday telling me not to bother 'coz the Judge has stayed the claim!

 

But I shall battle on, and try to stop freaking out!:D

 

Thanks again Lula

 

Lotsa luv

 

Jo xx

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Grand Slam 2009

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