Jump to content


us v the Abbey for £7,500***WON***


ohoh4312
 Share

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4737 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Jo

 

First, PLEASE don't worry - as Lula has already said, the Judge will not intimidate you - he'll do his best to make you feel at ease!

 

From your earlier post this is only a Prelim hearing. If Abbey don't turn up, the Order says the Judge will strike out the defence - remember to ask the Judge to do that if they don't turn up.

 

Take the full argument (3 copies), as posted earlier, against a stay with you. Make sure you actually understand what it is saying - essentially that as Abbey have already admitted to your breaching your contract with them, the UTCCR 1999 DO, by definition, apply to your claim, and thus the Test case is NOT relevant and it is ONLY a matter of establishing a fair level of charge in your claim.

 

If, or rather when, Abbey ask the Judge for a stay, if the Judge refuses ask him to order the directions (as in the document posted earlier) in which Abbey must reveal their costs.

 

Above all, don't worry (much easier to say than do, I know). Just ask if you need any more help.

 

All the very best - Adam.

  • Haha 1

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 . . .)

Link to post
Share on other sites

  • Replies 424
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Thanks Adam :)

 

I can be level-headed sometimes (honest!), but worrying is what I do best! :D

 

Going for some "retail therapy" tomorrow - do you think the Judge would appreciate hotpants, fishnets and knee-high stilletto boots?????

 

Maybe not.....teehee! (Not with my figure! :o )

36_11_6.gif

 

Cheered me up thinking about it anyway!

 

On a serious note, can I ask the Judge to consider, if he grants a stay, only staying the claim until either the FSA revoke the waiver (yeah right, like they're gonna do THAT!) or until the OFT announce that they are dropping the case?

 

Or should I just assume that the stay will be lifted in the event of either scenario happenning?

 

I don't want to be too cheeky, but I want to cover every angle.

 

Thanks again for all your support.

 

Lotsa luv

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

id use the letter opposing the stay cos as adam said theyve already admitted breaching your contract so it would taking the pi..for the judge to allow a stay dont suppose theres nowt u can do if he does allow it though and i wouldnt just assume it no that they would automatically lift it u might have to wait and see what happens with this then contact the court to find out what u do hope this helps :Dxxxkia ps stick with adam hell help ya xx

  • Haha 1
Link to post
Share on other sites

I don't want to be too cheeky, but I want to cover every angle.

 

Hi Jo

 

To be honest Jo, there are far too many possible scenarios at present to make it possible to speculate and cover them all. It is very likely that the judicary sees it the same way. My advice would be to take it one step at a time and just concentrate on 'here and now'.

 

Do your level best to persuade the Judge not to stay your case - thats all that matters right now.

 

If he does NOT grant a stay to Abbey (rather unlikely, sadly), then you are very likely, IMHO, to get settlement before any full hearing.

 

If he DOES grant a stay, ask him to specify exactly how long the stay is for (which he should do anyway), then it is a case of waiting to see what happens with the test case. Only when that is known for certain can anything else, again IMHO, be done.

 

My own personal opinion is that the banks would much rather NOT have a test case that could lead, eventually, to them being forced to pay back a proportion, at least, of every charge they've ever levied without the need for Court action, and that the OFT would much rather NOT have to fork out vast sums of money taking their case through every stage of appeal. I believe that, eventually, some sort of compromise will be reached, probably full of grey areas, which will leave things pretty much as they are now! Again, though, we'll just have to wait and see - until we know for certain there's very little that we can actually do apart from making our opinions known!

 

All the VERY best for your hearing - look forward to hearing how you got on.

 

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 . . .)

Link to post
Share on other sites

Hi all

 

Kia - thanks for dropping by to help, it's really appreciated:)

 

Sue - Thanks for your kind thoughts, but I am actually not in Court (omg!) till next week; unless I fell asleep for a week and its now the 21st and I missed it!!:D Arrgh theres another sleepless night I'll be having over that really happenning!

 

Adam - well, what can I say except a million thanks for taking the time out to help me - again! Good sound advice, I just wish you had posted it yesterday, then I wouldn't have been pacing around the kitchen at 4.30 this morning worrying that with what I had to say the Hearing would go on for an hour instead of 15 minutes!!:rolleyes:

 

Lula - thank you also - I am trying to be calm, but it would help if I could sleep! Trying to sort out secondary schools for No 1 son at the moment also, which is a headache I could do without, but it's got to be done. He's sitting a entrance test for one of the best schools in the area tomorrow, so I'll probably be up all night fretting about that!

 

But heyho, onward and upward as they say! Thanks again all - I am now looking forward to an action-packed weekend - rugby tonight, saturday school test, more rugby, sunday rugby training (son, not me!), grand prix, and more rugby - bliss!!

 

But I'll be back come Monday with more inane witterings, worries and stupid questions - you can count on that!!!;)

 

Lotsa luv

 

Jo xx:)

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Hi Jo

 

You're VERY welcome. I now wish I'd posted yesterday as well - feel very guilty about keeping you awake all night!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Seriously though, DO try not to worry - cool, calm, collected very often wins, in my experience! Take your time in Court, and think about what to say before you actually say it - the Judge is highly unlikely to have a problem with you taking the time to think, and speaking clearly and concisely as a result.

 

Perhaps concentrating on your sons school is the best thing you could be doing right now. Just by coincidence I used to be at boarding school not a million miles from you, at Ashtead, near Epsom. Not the best of experiences as I recall, but it was an awful lot of years ago now!

 

Keep calm, Jo, sleep well, and look forward to your next post - 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 . . .)

Link to post
Share on other sites

 

Do you think the Judge would appreciate hotpants, fishnets and knee-high stilletto boots?????

 

Maybe not.....teehee! (Not with my figure! :o )

36_11_6.gif

 

Hi my speedy fingered tortoise. Whats with the stressing? You will be fine, you have helped all of us at one point - you understand more than you give your self credit for!;)

Good luck for the 21st knock em dead

(Well not literally) and for goodness sake put on a skirt if ya gonna wear the fishnets! HOTPANTS at your age HOW VERY DARE U!!!

p.s only joking GOODLUCK;)

luv

michelleX

[sIGPIC][/sIGPIC]

Link to post
Share on other sites

Ha Ha Michelle - very funny, and Oh so true!;)

 

Thanks for your kind words hun - much appreciated xx

 

Okay all, niceties over:D - I AM STUCK!!!!!!

 

According to the stickies, I need a witness statement for the Prelim, right? But the one it links to would seem to be out of date - it states the need for a test case (!) and goes on about settlements on the steps of the Court etc. But of course that has all stopped now. :mad: GaryH has written a WS for Abbey cases, but I think it is for Final hearings - 11 pages and 13 exhibits!! Surely I don't need all that??

 

Also we are advised to attach a Draft Order for Directions (already done on AQ) and a copy of an Order showing that these directions are routinely issued. But surely this is irrelevant now in the light of the OFT case??

 

I have been calmly plodding away, but now I am close to doing the headless chicken thing (again!) so if anyone could help I would really, really appreciate it.

 

Thanks all in advance

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Hi Jo,

check out zootscoots info,

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

 

Very best of luck

Night Owl

Keep up the fight against Bank Charges.

 

 

Got Debt problems?

Don't panic, put the kettle on and read this

 

:-) Everything I write comes from my heart and head! The large filling cabinet that is my knowledge of life, however warped that may be!! :-)

 

<<< Please tickle my star!! if I have managed to help you or just made you chuckle!

Link to post
Share on other sites

Thanks Night Owl, but there is no witness statement there yet, so I am still flummoxed!

 

Anybody??? Pretty please with a cherry on top??:D

 

Thank you (grovel grovel.....!)

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Thanks Night Owl, but there is no witness statement there yet, so I am still flummoxed!

 

Anybody??? Pretty please with a cherry on top??:D

 

Thank you (grovel grovel.....!)

 

Jo xx

 

I've got one you can crib if you want to PM me an e-mail addy hun

  • Haha 1

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

Hi Jo

 

I think the statement here will do the job - its a re-vamp of GaryH's work, specifically for Prelim hearinmgs -

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1113478.html

 

Very much hope it helps

 

All the 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 . . .)

Link to post
Share on other sites

Hi Adam

 

Thanks for that; but I have already got that one as my Objection to a proposed stay.

 

What I was looking for was a witness statement for the actual hearing - one that would be used if the hearing went ahead as planned. Highly unlikely, but I want to show the Judge that I am prepared for every eventuality, unlike, no doubt, the defendants' rep.;)

 

I now have that, thanks to the lovely CF, so I am busy collating all the paperwork. I shall post up later a list of the documents I will be taking, so hopefully someone can check that I haven't missed anything.

 

Thanks again.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Hi Jo

 

Look forward to your list of docs.

 

As I said earlier, do concentrate on avoiding a stay, and, if you suceed, geting the Draft Order in place, which will force Abbey to reveal their actual costs, or of course to capitulate! Remember that Abbey HAVE already admitted to a breach of contract, and therefore the Test case and its outcome isn't actually relevant to your claim, although the Judge may think it is! The documentation for a full hearing is, IMHO, of far less importance - remember that this is only a Prelim hearing, and there is very unlikely to be time allowed for anything else. I've read a post this morning where the Judge became unhappy with the Claimant trying to push things further, and simply ordered a stay. Having said that, all Judges do seem to be different, though!

 

All the best, Jo - 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 . . .)

Link to post
Share on other sites

Thanks Adam - as always!:)

 

Damn black cartridge just ran out - and I am so (dis)organised that I have 2 spare colour ones, but no black - GRRRRRRR :mad:

 

This is what I have so far:

 

Witness Statement - 3 copies

Attachments:

Schedule of Charges

DP Price List

Draft disclosure directions

 

Objection to Stay - 3 copies

Attachments:

Draft disclosure directions

BBC report on the test case being withdrawn.

 

I also have the BBC money programme report, the OFT PoC, the N1, AQ and a bloody headache!!!

 

Please tell me I don't need copies of the relevant bank statements too???

 

No seriously all, if you could see if I have missed anything I would be eternally grateful.

 

Thanks & best regards

 

Jo xx

 

4_2_100.gif

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Hi Jo

 

Can't for the life of me figure out why you think you're disorganised! Seems a VERY comprehensive list of documents as far as I am aware - probably far more than you'll actually need, but it can't do any harm to take them. Having said that, I'd suggest not labouring the point with the Judge about anything that isn't totally relevant to a Prelim hearing.

 

The only suggestion I'd make about the list is to take 3 copies of the test case POC in case the Judge or Abbey aren't fully aware of the detail. That is, after all, your main argument against a stay. Apart from that, it all seems fine to me.

 

Can't see any point in taking bank statements - just the schedule of charges, with the 8% interest updated to the current date.

 

Hope that helps, Jo, and just ask if you need anything else - only too glad to help.

 

All the 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 . . .)

Link to post
Share on other sites

Hi again Jo

 

Totally forgot in previous post -

 

VERY BEST OF LUCK FOR TOMORROW ;-)

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 . . .)

Link to post
Share on other sites

Hey Jo.

 

I've been watching, I've just had nothing to help you with at the moment :-(

 

Best of luck for tomorrow. I thought I'd better write whilst I have 5 minutes free. I will be thinking of you and I think you'll do great. Wish I could come along but work does not allow at the moment.

 

Speak to you later.

 

Dx

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

Link to post
Share on other sites

yep same as deedee couldnt really offer any practicle help just moral support good luck for tomorrow but you sound very confidant to me and im sure youll be fine with us all rooting for u xxxkia

Link to post
Share on other sites

Hi all

 

Went shopping after school, and am now armed with 2 fresh ink cartridges (on special offer) - I only have 5 more pages to print! I also got posh document wallets to put each set in (only 'cos they were half price!);)

 

I am happy (!) that the paperwork I have is what would normally be required for a Prelim hearing, and then that my objection to a stay is as comprehensive as possible - I have added a whole paragraph regarding the possibility of the case being dropped due to "them" (collectively) revising their T&C's, and added that in my opinion dropping the "breach of contract" clauses could be construed as an admission that the "fairness" test would have failed. (Not in those actual words!)

 

Thank-you adam, deedee, kia, determindator, CF, chelli et al for your good luck wishes, and all your help along the way. I really couldn't have got this far without you wonderful people. OMG shut up Jo - it's not a bloody oscar speech! :p

 

I just hope it is not all a complete waste of time - if I walk in there tomorrow and the decision has already been made to stay, I may end up in the main courtroom after having punched somebody!;)

 

Going to chill tonight - sod the ironing:D - and just hope I can sleep.

 

Thanks again guys 'n' gals - hopefully I won't be on here in the morning with last-minute panic attacks, but you never know!

 

Lotsa luv

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

ohoh.............

 

 

have you got your shiny shoes ready??????????/

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/82818-grabbey-national-hartnell-any-9.html

 

 

post#177;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...