abroadgirl v Abbey

[stonedecroze]

Hi Abroadgirl, I have a hearing to have a stay lifted on my claim against Halifax on 12 Nov, so it looks like Blackpool court is starting to move along on things now. The grounds for my request is that whilst they have been settling claims before going to court at other places, they are using the fact that some courts are applying stays to their own advantage and are abusing the regulations to delay any correspondence or court instructions. They also had prior knowledge of the "test case" and have used this information to their advantage my dissadvantage. this cannot be fair to me and must be unlawful in a way similar to "insider dealing"

[kia]

that sounds good to me ABG maybe use that love :Dxxxkia

[abroadgirl]

morning all sorry i havent been in we have had some bad news our nephew derrick, passed away heart attack at the age of 26 .

and it was our 16th wedding anniversary 4th oct

****************************************************

i havent heard anything from blackpool county court and with this strike i faxed for any update got nothing

 

i dont know what type of letter to do im not very good but going back reading my papers abbey had till 30th april to respond i will put the court papers hear for u to see

i wrote to the courts saying i hadnt heard anything and requested a judgement but the courts returned it saying abbey filed on the 10th may

on the 22nd may courts returned it and yet on the court order it said 30th april then abbey had to come to a settlement on or by 17th aug but they havent see orther threads hear how i tried.

heres the court orders can anyone help with a letter please thanku

 

will post them in a minute

tyvm

hugs

abg

[abroadgirl]

morning all sorry i havent been in we have had some bad news our nephew derrick, passed away heart attack at the age of 26 .

and it was our 16th wedding anniversary 4th oct

****************************************************

i havent heard anything from blackpool county court and with this strike i faxed for any update got nothing

 

i dont know what type of letter to do im not very good but going back reading my papers abbey had till 30th april to respond i will put the court papers hear for u to see

i wrote to the courts saying i hadnt heard anything and requested a judgement but the courts returned it saying abbey filed on the 10th may

on the 22nd may courts returned it and yet on the court order it said 30th april then abbey had to come to a settlement on or by 17th aug but they havent see orther threads hear how i tried.

heres the court orders can anyone help with a letter please thanku

 

will post them in a minute

tyvm

hugs

abg

[abroadgirl]

[abroadgirl]

sorry pc playing up cannot delete name n addy if anyone can do it please do tyvm

**********************************************************

[stonedecroze]

Morning ABG ty for the clicky thing. this link should take you to my N244 apllication for stay to be set aside, It is the template one from this site but the 1st and 2nd paragraphs are my own. you are welcome to use any of the information there to help with yours. I would put your story first and explain the hardships that this situation is putting you through.

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/85201-stonedecroze-halifax-2-a-32.html#post1106882

 

 

Also very sorry to hear off your loss, so young. We almost lost our son a couple of years ago, he had a brain haemmorage was in a coma for 16 days. I do know what you are feeling.

keep your chin up and good luck. Stone

[kia]

i know too my mum died of one very suddenly when i was 13 im 40 now and ive never gotten over it so i do understand xxxkia

[abroadgirl]

hi stone i was sorry to read your post and hope all is alright with u now

they still havent released derick from inverness yet inverness is where he lived.

 

i have clicked on what u said and i even seen the new letter where it says the the oft act 1974 etc but its all confusing and dont know what to do

 

please can u maybe do a letter for me as i dont know understand the other one i hope u can see my posts if not briefly the order in april was that thaere defence was to be in the courts by the 30th april i think i have already put this in once of the threads here i will type it for u as scanner isnt working and the other was to try for a settlement by 17th aug which i did try but yes the same oft in my face

tyvm for any help

hugs

abg

x

[stonedecroze]

Hi Abg,

 

Dont know if this is any help, but I found it on this site I`m not sure where now. But it will prob suit you purpose. just put your information in the red parts

 

The Claimant will rely on the following submissions:

1. Defendant’s conduct -Give brief details of your banks litigation conduct in your own case and in other cases eg if they drag things out and settle at last minute

 

 

2. Human Rights- To impose a stay in the present proceedings would infringe my rights conferred by Art 6 of the European Convention of Human Rights, to receive a fair hearing within a reasonable time.

 

3. Blanket stays – The imposition of blanket stays runs contrary to the wishes of the Master of the Rolls and my right to have my case decided on its merits.

4. Distinguishing factors - (add any distinguishing factors here ie things which make your case different to that of OFT eg if your bank has defended purely on the basis of penalty rather than UTCCR also if yours is a credit card, mortgage or business claim

5. Hardship – give a brief outline of why you will suffer hardship if your case is stayed

6. Balance of convenience – A stay will disproportionately affect myself and operate oppressively whereas it will relieve the defendant of all obligations towards me until the outcome of the test case

7. Status quo - A stay would not maintain the status quo but would favour the defendant by allowing them to continue to apply charges to my account without allowing myself to pursue a legitimate claim to a remedy

8. Conditional order -Should the court be minded to order a stay it is respectfully requested that conditions should attach to the order so as not to prejudice the claimants position. Such an order should include

a). That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter.

b).That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.

c). That the defendant is prevented from closing my account.

d).That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.

e).That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 )

f). That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)

g). That these injunctions remain in place until the settlement of my claim.

h).That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent.

i).That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent

Signed

dated

 

 

__________________

 

 

I just used templates from this site and edited my own details into it.

 

when you have done it post it back here and I am sure that someone will be able to help if it needs any more work. Good luck, Stone

[JOSH_IOU]

Following the postal strike There is speculation weather or not royal mail is living up to there name.

 

Well lets look at there name and see what it means. Old folks sitting on there behinds doing nothing?

 

If you see the pictures on the news they all smile for the camera so things cant be that bad. Since they did sign the contract for the job.

 

James

 

News

 

08 October 2007 CWU announces further strike action

 

 

CWU announces further strike action

CWU has today (Monday) served notice to Royal Mail for further strike action to take place next week unless an agreement is reached.

This action will follow a programme of 24hour functional strikes commencing Monday 15th October. This means Royal Mail will face a further week of continuous disruption to mail services and all postal staff will carry out one full day's strike, as outlined below.

• Mail centres and airports - duties, scheduled attendance and overtime commencing at or after 18.00 Monday 15th October 2007 and before 18.00 Tuesday 16th October 2007.
  
• Deliveries and separate collection hubs - duties, scheduled attendance and overtime commencing at or after 03.00 Tuesday 16th October 2007 and before 03.00 Wednesday 17th October 2007.
  
• Network (drivers) - duties, scheduled attendance and overtime commencing at or after 12 noon Wednesday 17 th October 2007 and before 12 noon Thursday 18th October 2007.
  
• MDECs (mechanised data entry centres) - duties, scheduled attendance and overtime commencing at or after 12 noon Thursday 18 th October 2007 and before 12 noon Friday 19th October 2007.
  
• International/Heathrow World Distribution Centre - duties, scheduled attendance and overtime commencing at or after 14.00 Thursday 18th October 2007 and before 14.00 Friday 19th October 2007.

Talks continue between CWU and Royal Mail.

[abroadgirl]

aw bless you stone ive have read it a few time n being a bit thick but will try and see if i can put in the correct details thankyou for all your help

hugs abg

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1. Defendant’s conduct -They have not done anything apart from disagree with the charges in which the courts have been sent the copies of the charges and proves that they charges was taken out of my benefits dwp & mobility. They had to have there defence in by 30th april 2007 in which i sent to the courts a judgement order on the 15th may 2007, which was returned on 22nd may 2007, saying that abbey had sent in there defence 10th may 2007 which was late as directed by the courts had to be back on or before the 30th april 2007, i then had directions from court district judge law saying that we had by the 17th august 2007, to try and come to a settlement i tried many many times but abbey just said no they wasnt concidering any form of offer and that the matter is closed and will not concider any kind of offer and will be waiting for the oft case.

 

 

2. Human Rights- To impose a stay in the present proceedings would infringe my rights conferred by Art 6 of the European Convention of Human Rights, to receive a fair hearing within a reasonable time.

 

 

3. Blanket stays – The imposition of blanket stays runs contrary to the wishes of the Master of the Rolls and my right to have my case decided on its merits.

4. Distinguishing factors - (stone not sure what i put here sorry not a credit card mortgage or buisness

 

 

5. Hardship

For a removal of stay with Blackpool county court on the grounds of hardship.

As you are aware I have taken the steps at blackpool county courts in which have had a stay put on my claim I have tried to settle with abbey as directed by the court district Judge Law but without settlement being offered I am now writing to you on the grounds of hardship and hopefully we can get a lift of stay between you and myself.

Benefits are set to a minimum

To cover basic requirements, to live on. The bank Abbey has caused a lot of hardship for me by ways of struggling to live on what little was left for me abbey continued to take these charges from my bank account out of my DLA, SDA, Mobility (DWP) wrongfully debited these charges was taken out of my benefits paid in by the DWP.

Abbey deprived me of my basic living essentials there were times I couldn’t afford to by sanitary towels for my monthlies this may seem to you stupid at not being able to buy them but when times are hard we have to do and manage the best way we can and if that means going without then so be it.

I am only because of little that was left for me as I had to try and buy very little food and other items gas electric for my metre, I found myself having to use toilet/kitchen paper even to the extent to cut hand towels so I could use for my monthlies as I couldn’t even afford the price of them which is a few pounds that few pounds could get me bread potatoes milk tea and whatever else to make it last for me.

Living on SDA, DLA, Mobility Benefits And my husband getting incapacity benefit low rate for ill health, this is the only income we had in which we had to try and manage on these as well as pay our mortgage at that time.

 

Some of the embarrassing hardship that has been caused the Government did not take into account that the extravagant bank charges, which reflect a disproportionate burden on those who are in, recite of benefits.

My husband lost his job due to ill health chronic sciatica, groin pain, which the pain goes in his legs, we were let down by payment protection after a year which then led us to having to sell our home to sell your house and rent it back because of the arrears we owed, due to the hardship of charges being taken and having to sort out what to pay and what to get with little money that was coming in.

I have found it very difficult being disabled me having health. Problems through all this upset it has now left a slight murmur and palpitations

 

We have had to take a loan out from greenwoods to help us in which had abbey had not taken

 

 

these charges we would not have had to suffer.

 

 

 

6. Balance of convenience – A stay will disproportionately affect myself and operate oppressively whereas it will relieve the defendant of all obligations towards me until the outcome of the test case

 

 

 

 

7. Status quo - A stay would not maintain the status quo but would favour the defendant by allowing them to continue to apply charges to my account without allowing myself to pursue a legitimate claim to a remedy

 

 

8. Conditional order -Should the court be minded to order a stay it is respectfully requested that conditions should attach to the order so as not to prejudice the claimants position. Such an order should include

 

 

a). That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter. Abbey kept chargeing me for the same charge from january 2007 untill they closed my account which lead to the sum £322.oo and sent it to debt management for recovery of the same charges again i have sent proof of this to blackpool courts)

b).That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.

c). That the defendant is prevented from closing my account. (they did close my account without notifiying me about it.)

 

 

d).That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.

 

 

e).That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 )

 

 

f). That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)

 

 

g). That these injunctions remain in place until the settlement of my claim.

 

 

h).That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent.

 

 

i).That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent

 

 

Signed

 

 

dated

 

i have added 7 c a bit there etc

not sure stone if i have done this right i have that much to say whereas abbey have totalley ignorned me and due to the fact of my persistance they inga kirk man had to send a reply in which i have put in the threads here

ty for all your help stone

hugs

abg

xxxxxxxxxxxxx

 

[stonedecroze]

Looks ok to me. you might want to download these to attach to the letter or even copy the relevant sections where it states that these benefits cannot be touched even in bankruptcy cases.

5. The Claimant contends that the charges debited to the Account and detailed in the Schedule constitute assignment by the Defendant and to the Defendant of moneys paid to the Claimant in state benefits and are therefore unlawful by virtue of

 

a) s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit, and

 

b) s45 of the Tax Credits Act 2002 regarding Child Tax Credit.

 

I will try to find the clauses when I am not quite so busy.

 

[stonedecroze]

These are the sections in the relevant acts, you might want to add them to you letter

 

s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit

187. - Certain benefit to be inalienable.

 

(1) Subject to the provision of this Act, every assignment of or charge on-

• (a) benefit as defined in section 122 of the Contributions and Benefits Act;
  [93(aa) a jobseeker's allowance;]
  [ ( ab ) 94 ]
  (b) any income-related benefit; or
  © child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2) In the application of subsection (1) above to Scotland-

 

 

 

 

 

 

 

 

s45 of the Tax Credits Act 2002 regarding Child Tax Credit.

45 Inalienability

 

(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.

 

good luck

[Lula]

holding the blooming country to ransom they are, i wouldnt give in, purely for that reason

[Guest amethystdragon]

I'm sorry but with the greatest respect - they are not holding the country to ransom - They are trying to get Royal Mail to listen

 

You obviously aren't fully aware of the issues - And considering this is a site dealing with big business bullying tactics I'd have expected more

 

Firstly Royal Mail want to remove the Postie's right to finish early once they have delivered all their mail - Fine I agree with that totally but there are other issues hidden away

 

Did you know that they have enforced a start time of an hour later for staff to deal with the new European driving rules which has dropped the limit that the vehicles can travel at from 60mph to 56mph WITHOUT DISCUSSION - How would you like your start time changed without your consent?

 

Did you know that they want to change Posties hours to be annualised hours - this is also combined with a new flexibility system where people can be called into work at 2 hours notice regardless of whether they were scheduled to work that day or not ?

 

Did you know that because of the annualised hours system they will no longer pay overtime - any extra hours you do - you are supposed to take back as lieu time - Most delivery offices are so understaffed Posties can't take all their Annual leave never mind take lieu time - this is simply a way of getting out of paying overtime

 

Did you know that Posties pensions will be changed - Instead of their pension payments being based on their last few years earnings - they will be based on the total earnings for their entire career - that is going to cut their pensions in half

 

Did you know that currently when a postman is off ill - they currently have relief posties who can pick up a round and deliver it at short notice or those with smaller rounds deliver an extra bag - If Royal Mail get their own way - every Postie will be put into teams - If a member of that team is off sick - Everyone else in the team will be expected to deliver a bag of that members round - No negotiation - Extending the posties day even longer - add in the no overtime bit and can't you see why they are so hacked off ?

[Lula]

Oh God where to start, I cant even begin to possibly answer any of that because I am not a postal worker and I dont know anyone who is - admittedly some of it does not sound very fair at all, having said that does it give the postal workers the right (and I will say it again) to hold the country to ransom? some people absolutely rely on the post and it is just not getting through - thats what I thoroughly object to, another nail in the coffin of the Royal Mail IMHO.

 

Thank God the doctors, nurses, ambulance workers, fireman and police dont do this

[Guest amethystdragon]

Once again with the greatest respect Nurses, Ambulance workers and Fireman have all gone on strike in the last few years - Police aren't allowed to

 

I don't think there is a postman in the job today that wants this strike but when the people in charge won't listen - the only thing left to do is to withdraw your labour - what would do you do? - those posties that are currently working and not involved in the Wildcat Strikes (My OH is one) are trying to get the mail out as fast as possible

[abroadgirl]

stone you are amazing i cannot thankyouenough i have treid clicking on your scales but it wont let me yet i will as soon as i can it says i must spead some reputation around etc tyvm

hugs

abg

i will add that now tysm

abg

xxxxxxx

[stonedecroze]

aw bless you stone ive have read it a few time n being a bit thick but will try and see if i can put in the correct details thankyou for all your help

hugs abg

*******************************************************

 

 

 

4. Distinguishing factors - (stone not sure what i put here sorry not a credit card mortgage or buisness

 

 

I should put this piece in there, just to bring it to the judges attention, as it is not safe to use this alone as grounds for setting aside stay, but with the hardship it has caused it gives a bit more to it.

 

The Claimant contends that the charges debited to the Account and detailed in the Schedule constitute assignment by the Defendant and to the Defendant of moneys paid to the Claimant in state benefits and are therefore unlawful by virtue of

 

a) s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit, and

 

b) s45 of the Tax Credits Act 2002 regarding Child Tax Credit.

 

s187 Social Security Administration Act 1992 regarding Income Support and Child Benefit

187. - Certain benefit to be inalienable.

 

(1) Subject to the provision of this Act, every assignment of or charge on-

• (a) benefit as defined in section 122 of the Contributions and Benefits Act;
  [93(aa) a jobseeker's allowance;]
  [ ( ab ) 94 ]
  (b) any income-related benefit; or
  © child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2) In the application of subsection (1) above to Scotland-

 

 

 

 

 

 

 

 

s45 of the Tax Credits Act 2002 regarding Child Tax Credit.

45 Inalienability

 

(1) Every assignment of or charge on a tax credit, and every agreement to assign or charge a tax credit, is void; and, on the bankruptcy of a person entitled to a tax credit, the entitlement to the tax credit does not pass to any trustee or other person acting on behalf of his creditors.

 

Have you tried complaining to the F.S.O. (Financial Services Ombudsman ) in regard to them closing your account? as they may be able to get it re-opened, and how did you manage with your benefits when it was closed, must have caused some difficulties in getting your money. might be worth mentioning that as well. Good luck and keep on going.

[abroadgirl]

hi stone tyvm i did add that to the docs

do i add another spreadsheet or do i leave it at the amount up to 17th aug when abbey didnt try a settlement as directed by the district judge?

if i do what do i add is it daily intrest only?

no i dont want my account re-opened they can stick it i have another acc with anther bank no probs there at all

ty for ur help as i dont know weither to leave it or not

i have sent the docs to the courts but i can fax them

ty stone

how are u getting on

hugs

abg

[abroadgirl]

oh my have i started something here lol

well my husband is now sadly an x postie due to ill-health

but now they are saying that more strikes are on hand there is a backlog that will take a week or so and its going to effect the christmas mail well thats nothing new is it

once one start whatch the rest follow gas elec etc they all seem to follow one another

the latest here where we live is

posties are not allowed to leave there sorting office till 10am

they are starting later

and now the posties are in uproar here as they want them to work saturdays with no pay

less hours n less pay

one of our posties has lost over £50 in his pay packet and believe me it isnt good wages well my hubby want anyway

so i guess there are alot of factors and issues going around

but yes when we are waiting on important mail to arrive and it isnt well what can one do

we will have to either go and collect it ourselves or companies are going to have there drivers or employ drivers to delivery our mail

yes we have had that in the past as well

hugs

abg

[abroadgirl]

hi stone & all

the posties been and i got a letter from the court

i have recived notice of hearing of application

heres what it says

the hearing of the climants application for the stay to be lifred (see copy attached) there is no copy attached so i have faxed the court

will take place at 14.00 on the 8th january 2008, at blackpool

then so far down it says

cases are listed in accordance with local hearing arrangements determind by the judiciary and implemented by the court staff.

every effert is made to ensure that hearings start either at the time specified or as soon as possible thereafter futhermore in some instances a case may be released to another judge possible at a diffrent court please contact your court for futher information on the listings arrangements that may apply to your hearing

.........end............. ......................... .

does this mean i have to attend and if i do what do i take with me or is this just to see if the dj can order the lift of a stay etc

thanku for all your help

hugs

abg

[abroadgirl]

hello all

i have today recived a letter from court here is what it says

 

i have recived notice of hearing of application

heres what it says

the hearing of the climants application for the stay to be lifred (see copy attached) there is no copy attached so i have faxed the court

will take place at 14.00 on the 8th january 2008, at blackpool

then so far down it says

cases are listed in accordance with local hearing arrangements determind by the judiciary and implemented by the court staff.

every effert is made to ensure that hearings start either at the time specified or as soon as possible thereafter futhermore in some instances a case may be released to another judge possible at a diffrent court please contact your court for futher information on the listings arrangements that may apply to your hearing

.........end............. ......................... .

what happens now

do i have to attend or

is this just fyone help or advise

if i do have to go what do i take with me do the courts let abbey know or do i have to let them know

ty

abg

[stonedecroze]

Hi ABG, Yes you have to attend the court, did they say how long your application hearing is set for. I had 30 mins for mine , it is due on 13 Nov. but I am trying to get the date changed as I am going away on family holiday on 12th. so they may give me the same date as yours. there is a link to a court bundle for stays on this sit I will try and find it for you later on when I have a few minutes free. I am also going to take my claim bundle with me as I plan to ask judge if he will hear that staight away as all parties will be in court, ( That is assuming that I get stay lifted)

 

As to your question about interest, I am not really sure but I think that you should leave spready as it was, and ask judge about interest, I will ask somebody else with more knowledge in this area to take a quick look to see if I am correct.