us v the Abbey for £7,500***WON***

[Leecabs]

Hi Jo,

 

sorry I have not been on for a while, been promoted at work which has made even busier than ever! Baby due to pop soon as well its all go!

 

I am sorry to hear they were nasty to you, im just waiting it out quietly in the wings at the moment. Not very happy with the OFT especially when they state they think they may pull the plug on the test case!

 

At the moment I have decided just to moniter the news each day and keep an eye on cag for any changes.

 

Lets hope in February the case proceeds so we can finally get a result or at least the chance to go to court.

 

Big hugs to you

 

Lee x x x:)

[determindator]

Hello again Jo and all on thread,

 

There is some info to read on the Office of Fairtrading Test Case thread by CRFX250 if you haven't seen it yet.

[Lula]

can you post a link please

[determindator]

Hi Lula ,

 

This is link:

 

It is possible that we might in due course expand the scope of the proceedings

 

thread #1127

[determindator]

can you post a link please

 

Please confirm best way to link

 

Thanks again

[ohoh4312]

Hi determind

 

I take it this is the one you were referring to:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1148011.html

 

Yes, it makes for interesting reading definately.

 

To post a link, right-click on the thread, or post number, you want, and click copy then paste. (Sorry if that sounds patronising - didn't mean to be, it's just hard to put it any other way.):o

 

Lotsa luv

 

Jo xx

[determindator]

Hi Jo,

 

That's great I will link that way. I tried another way but didn't work.

 

At the moment I am starting the missold PPI process, so will keep busy with that as well.

 

Bye for now.

[cicerone]

Hi Jo, Been a few weeks since I have been on. Just caught up with your news and am soo gutted for you.

You have been so good to so many of us on here, with your funnies and trying to keep our spirits up.

We must all keep on fighting though, and I am sure we will all get our rewards in the end.

Big hugs,

Lisa xxx

[ohoh4312]

Just received this in the post, AND I AM NOT A HAPPY BUNNY :mad:

 

General Form of Judgement or Order

 

Before DJ XXXXXX (I could find some great words to replace those X's)

 

Upon hearing the claimant in person (no you bloody well didn't coz I wasn't allowed to speak!) and counsel for defendant

 

IT IS ORDERED THAT

 

1. The claim is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision.)

 

2. The Defendant shall within 28 days of the final decision in the test case file at Court and serve on the Claimant:

 

a) a case summary of not more than 500 words setting out the effect of that decision;

 

b) their proposed directions in this claim.

 

3. Upon receipt of the documents set out at paragraph 2 of this order the file be referred to a resident District Judge to consider further directions.

 

4. Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay.

 

5. Costs in the case.

 

Dated 20 September 2007

 

 

So, it is not even a time-barred stay - it's bloody indefinate; then they get 28 days, and then it sits in the Judges' filing tray for god knows how long after that!

 

And the best bit - actually the worst - is that it is dated 20th September, and my hearing was on the 21st ! Talk about being well and truly stitched up! The air is blue here, I can tell you. Someone pass the vodka bottle please.

 

And what the hell does para 5. mean? "Costs in the case" ?? Don't tell me I am going to get hit with a huge bill from their solicitors, please???

 

Forget the vodka - I might just drink bleach instead.

 

In my view there is no point whatsoever applying to lift the stay, but I would be grateful for other opinions, preferably before I lose the will to live completely!

 

Jo xx

[kia]

personally i wouldnt oppose it think its a waste of time but its entirely up to you love xxxkia ps stick with the voddie i would xx

[charleyfarley]

1.

The claim is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision.)

 

Jo,

 

this is an awful order......sorry to be the bearer of good news.................I really don't know what to say about it:mad:

[ohoh4312]

Thanks for that CF - really made my day

 

Seriously though, you are right, it is awful - worse than any others I have seen so far. Don't know what to do now.

 

I have asked GaryH to have a look and give me some advice if possible.

 

Until then I shall continue sticking pins in my judge-dolly!!

[GaryH]

Just received this in the post, AND I AM NOT A HAPPY BUNNY :mad:

 

General Form of Judgement or Order

 

Before DJ XXXXXX (I could find some great words to replace those X's)

 

Upon hearing the claimant in person (no you bloody well didn't coz I wasn't allowed to speak!) and counsel for defendant

 

IT IS ORDERED THAT

 

1. The claim is stayed until further order with a view to awaiting the final decision in the test case (which shall be interpreted as the outcome of any appeal or the expiry of time for permission to appeal the first instance decision.)

 

2. The Defendant shall within 28 days of the final decision in the test case file at Court and serve on the Claimant:

 

a) a case summary of not more than 500 words setting out the effect of that decision;

 

b) their proposed directions in this claim.

 

3. Upon receipt of the documents set out at paragraph 2 of this order the file be referred to a resident District Judge to consider further directions.

 

4. Either party may apply at any time, by application on notice in accordance with the Civil Procedure Rules 1998 Part 23, to lift the stay.

 

5. Costs in the case.

 

Dated 20 September 2007

Hi Jo,

 

Just had a read through the last few pages of your thread - really sorry to hear about your bad experiance at court. I totally agree with the comments before about judges, most of them at District level are completely fed up of the bank charges issue now and almost all have developed prejudices either one way or another, which is probably inevitable to a certain extent but its also pretty unprofessional considering its their duty to be totally impartial! Its totally unfair and wrong that you didn't even get to speak, but unfortunately I don't think theres a great deal you can do about it tbh. You could appeal the decision but I personally would not advise it. Pick yourself up and live to fight another day - battle/war, marathon/sprint an' all that.

 

In answer to your questions, yes, you can apply to vary the order so its not indefinate, but unless Abbey agreed it would probably mean another hearing for the application, so again I'd save the money and the hassle and wait it out until the first instance decision in the Test Case, which is due in January. A High Court judge in Leeds, whilst agreeing that stays should be ordered in most cases, has stated that they should only be until the first instance decision, so this can be used in support of an application to lift a stay in January. The judgments linked from here - http://www.consumeractiongroup.co.uk/forum/show-post/post-1155075.html

 

Costs in the case means the costs of the application will be bourne by whoever loses in the end. If nobody made an application, which I gather they did not, then you can take it as to mean costs of the Preliminary hearing. I take it this is fast track then?

[ohoh4312]

Thanks for that Gary - much appreciated.

 

I have not been officially notified of Track; the Prelim order didn't specify either way, but I am guessing it is fast-track (huh ambiguous description that!) the way it is panning out.

 

So I shall sit back and await further developments.

 

Many thanks again

 

Jo xx

[chelli]

Hey hunny chin up

sorry to hear about your news. I think everbody case is ending up the same and the only thing we can do is to sit and wait for january.

chelli

XXXXX

p.s you sure know how to cheer me up - Your thread so funny to read pls dont do the bleach! put it up along with ya fishnets and mini skirt!!!!!! and as for the judge dolly WHERE CAN I GET ONE..................actually that could be a great money spinning idea ....we could start our own huge business....just think of all that money.......................................:o

[kia]

apparently there are some that have sucessfully appealed and got the stay lifted not many but some xxxkia

[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

[ohoh4312]

Hi all

 

Just to say I hope you all have a fantastic Christmas, and that the New Year will bring good news!!!

Have a great time, and thanks to everyone

 

Lotsa Luv

 

Jo xxxxxxxxxxxxxxxxxxxx

[kia]

same to u jo hope its a good one for u and yours :)xxkia

[adamc6671]

Thanks for that Jo. Every best wish to you and yours for Christmas and the New Year.

 

As you say, lets hope next year brings something we all want, and need, to hear!

 

Adam.

[cicerone]

Hi

Hope you had a lovely Christmas, and we ALL get some good news this year.

I take it we just have to wait now, for the test case to go ahead?

I feel like I should be firing letters off, but dont know who to send them to haha.

Lisa (Cicerone) xx

[ohoh4312]

Hi all

 

Long time no speak!!

 

This is going to be a long one - as usual! - I am not very good at "concise":o

 

Way back when I first started my claim, shabbeys' Fraud dept put a stop on my card - for paying my council tax bill, amongst other things! At the time I was convinced it was retaliatory, but was assured that it was probably coincidence.

 

Last October I finally got around to setting up a new account; the transfer process took about 12 weeks (!) but come January all the DD's came out of the new account.

 

Obviously shabbey know - the new bank applied to them directly for all the payment details. So the shabbey account is overdrawn, but well within the agreed limit, and I was going to put a large cheque in today, which would have put the account in credit - there are still a couple of Debit card payments that weren't transferred, but they expire in March, so I thought I would leave them and then close the account.

 

Anyway, yesterday I went to take some cash out (I keep forgetting my pin for the new account) and the card was declined. Then later I tried to do an internet transaction for a game for my son, and that was refused also.

 

So after 10 minutes on the phone to telephone banking, being assured that my card was perfectly fine, I finally get told that the bleeping Fraud Squad have put a stop on my card. :mad: "It was probably because of the Internet transaction - because it was in dollars (equal to £16.50!). I will put you through to them......................................"

 

"Erm, that department finish at 7pm - you will have to call them in the morning."

 

So, I say, if they finish at 7, then a) how did they flag the card at 8.15pm, and b) how come the card was declined for cash at 4.30pm????

 

"I really don't know - here is the number, you will have to call in the morning."

 

I have yet to ring them, but this really reeks of retaliation (yet again) because they obviously know I am going to close the account.

 

More to follow, but I just can't accept this as another coincidence - any thoughts?

 

Jo xx

[ohoh4312]

Huh??

 

Apparently, the Fraud Squad have NOT blocked my card..................

 

"The magnetic strip must be damaged"

 

OK, I say, but that doesn't explain the Internet - after all, I don't swipe my card through my laptop to use it, do I??

 

"Erm, well, there must have been a problem with that website...there is nothing wrong OUR end."

 

My card is perfect BTW, so I obviously just used a dodgy cashpoint AND a dodgy website yesterday?

 

Actually, I used a card from my personal account in the SAME cashpoint straight after the shabbey one was declined, and it worked perfectly....

 

Explain that?

 

No answer I am afraid - it is obviously just me.

 

So, I am going to ring the last couple of payees left on the account, get the payments switched and then they can sing for the rest of the overdraft - I will make small, but regular payments to clear it, and if they don't like it, tough!

 

Grrrrrrrrrrr god I hate them, but what goes around comes around, as they say, and I am determined to have the last laugh.

 

Jo xx

[adamc6671]

Hi Jo

 

Good to hear from you again.

 

Sadly your recent experience with Abbey simply reeks of what we have been through with them - massive incompetence, and total disregard for their customers well being! As I see it, they have no business being in banking as long as they behave like that, but the so-called regulators just let them get away with it! Just very glad that we no longer have any business with them.

 

However, stick with it Jo - as I learned many times, perseverance very often pays off!

 

All the best - Adam.

[ICY]

Hi Jo, just to let you know we have had some good news today (looks like its the first anyone has got so far too) LOOK HERE Things are on the up, this potentially holds good news for everyone claiming.

 

Hope you are well, havent heard from you in ages