abroadgirl v Abbey

[abroadgirl]

i have done a whitness statement do i need another one if so where do i get it ive done one to have the stay lifted

tyvm

abg

[abroadgirl]

sorry but i mislead part c

 

i have spaced it out

but just typed and copied quickly for u all to see as scanner isnt working properly

 

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

partc

Part c of application notice

The charges has caused hardship and have been taken from my benefits there were charges at one point of over £115 pounds taken from my benefit I have previously enclosed and sent to the courts bank statements where you will see this charge and many more that was taken out of my benefits which has caused many times hardship there was also an ongoing charges which lead to £322 in ongoing charges repeatedly charges for the same from January 9th 2007. these have all been sent to the courts manager along with my statements letters allocation questionnaire & court bundle my settlement offer was £6,500.00 to abbey I am enclosing all documentation which relates to how I have tried to settle with my bank I have abided by there ruling and advice but have had no joy and due to deliberate delay by abbey in finalizing an amicable settlement figure on my claim this has now taken me into the pending test case scenario and I strongly feel that if this test case had not been brought in at this point I would have now settled the claim and would not now be feeling as if the abbey have taken full advantage of the test case and its ability to manipulate the system to there advantage leaving me with no option but to literally beg for the settlement I have tried in vain to settle this out of court and are still awaiting a positive response and reasonable settlement from abbey under the courts advice dated 4th July 2007 instructed by the courts I am feeling that I am being messed around after the courts directions on coming to an agreement I am still trying to negotiate with them but they are not responding back to me.

ENC letters

Dss acts 1 & 2

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

is there anything else i have to either add or enclose with this application notice#

tyvm

abg

[abroadgirl]

11/09/07

xxxxxxxxxxxxxxxxxxxxxxx

V

ABBEY NATIONAL

 

Dear Inga,

CLAIM NO xxxxxxxxxxxxxxxxxx

 

I wrote to Abbey, on June 14th

 

23rd July 2007,

3rd August 2007,

17th August 2007 x 2

21st August x2

20th August 2007

11th September 2007

 

Regarding the directions that were given by the Blackpool County Courts District Judge Law to try between ourselves a settlement on or before 17th August 2007. A settlement should have been made by now despite my letters for an offer of settlement.

The settlement offer asking was £6,500.00 in which a less amount was than I was claiming but would not accept less than the offer I had put to you.

 

 

 

 

I add to the fact that the Abbey would now apply for a stay should not come into effect as the case had already gone to court for a hearing PRIOR to the 'Test Case' and instructions for a settlement had already been advised by the courts, and that if no amicable settlement figure is offered I will further pursue the matter with the courts due to the facts I have stated earlier regarding trying to negotiate a figure through the courts advice.

I have taken all the necessary steps as per the courts directions and that Abbey have not and it is on this evidence and all the previous correspondences between myself and the Abbey that I intend to submit to the court for a request now for full payment of the whole amount plus any further interest you have incurred since the 17th August, UNLESS Abbey settle my reduced claim to £6500 without further delay.

 

 

Yours xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[abroadgirl]

good morning ghee it is quiet here

please if anyone should come in and read my posts here

please can you advise me ion what to put in another letter to inga i am mad...............

also is there anything else i should sent with n244

tyvm

 

here is inga's reply and mine

 

from yesterdays letter i sent

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

dear madam,

 

Thankyou for your email i have received this morning 12th september 2007.

 

However i disagree with your comments , i have never had a reply rejecting the settlement figure in which i have ask for.

All I got was a letter stateing that an open offer or an offer is not due to the test case.

 

I have followed the directions of the court in which abbey have not.

 

Abbey is applying for a stay however i believe abbey cannot do this.

 

I am continuing with a settlement figure from abbey as my case is ongoing and is not a new case and district judge law gave both parties to come to an settlement on or before 17th August in which i have gone with the directions of the court whereas, abbey has failed to do.

 

The test case doesn't come into effect until october sometime and so therefore i am continuing to contact abbey for a settlement figure as directed by district judge law.

 

I still look forward to a settlement figure from yourselves, as i know abbey are still making settlement figures, yet with some cases they are not

i do not believe that I should be pushed to one side for this test case as this has been ongoing now for some 8 months or so

i look forward to your reply to with the directions to a settlement.

 

Yours sincerely

 

 

 

 

 

 

Dear Madam,

 

 

I refer to your email dated 12 September 2007.

 

 

Your offer of settlement in the sum of £6500.00 was rejected by Abbey National Plc by way of my email dated 3 August 2007.

 

 

A subsequent letter was sent to you dated 7 August 2007, setting out Abbey National Plc's intentions in relation to the future conduct of your claim namely, an application to the Court seeking to stay your claim pending the outcome of the determination of the test case.

 

 

Abbey National Plc maintains this position.

 

 

Kind regards,

 

 

 

Inga Kirkman

 

Senior Associate

 

Solicitor, NSW

[abroadgirl]

Dear Madam,

 

I attach a copy of my email dated 3 August 2007.

 

Abbey National Plc will not be making any further offer of settlement to

you.

 

Kind regards,

 

Inga Kirkman

Senior Associate

Solicitor, NSW

 

Ashurst, Law Firm of the Year - The Legal Business Awards 2007

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

Hi chris you are very welcome

laughs i would put what you said as well laughs

well here is the latest from bloody inga should i still carry on and get on her nerves giggles

im not really my head is thumping

 

abg

oh chris is there anything else i should send with this application form

tyvm for all your help

hugs

abg

[abroadgirl]

i am re reading and going over the papers which abbey have sent in the answer to allocation questionare by abbey they have ticked have you exchanged information and /or documents evidence with the other party in order to assist in settling the claim

they have ticked yes?

i would like to know when?

witness name bank officer

witness to which facts charges applied to account?

do you wnat to your experts to give evidence orally at the trial or final hearing they answered no

 

if you have indicated a track which would not be the normal track for the claim please give brief reasons for your choice

 

IN THE INTREST OF COMMERCIALITY THE DEFENDANT CAN CONSENTS TO THE ENTIRETY OF THE CLAIM BEING DETERMINED IN THE SMALL CLAIMS TRACK

they filled this in caps

not sure i understand what it means

 

have you proposed directions you think appropriate for the manaegement of the claim yes

dont understand this either

 

if yes have they been agreed with the other parties no

dont understand this either

what do u estimate your overall costs are likely to be £2000.00

 

this is what abbey has put**************************

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

 

other info

have you attached documents with this questionaire yes

have you sent the documents ot the other parties yes

i got there defence

 

do you intend to make any applications in the immidate future NO

so why are they making it bloody difficut for us then

they state here in there QA that they dont intended to make any applications in the near future they replied no on there QA

 

dated 6th june

 

can anyone help me understand this a bit better please i will type out ther defence what i dont understand and what i should put now etc

thyvm

for all your time and help

hugs

abg

[abroadgirl]

ok i have just re read there defence william basson 9th may o7

(this has been going on since december)

ok there defence is i guess the normal as everyone elses

abbeys defence says

1 defendant denies each and every allegation set out in the particulars of claim

 

in mine i set out and sent copies of all letters from me and shabbey with the charges and the amounts and dates that had been taken from my DLA SDA & mobility payments that went in my bank a/c

 

 

3. account been subject to the terms and conditions etc the norm

 

1, 2, 3

says about applying for an overdraft, an unauthorised overdraft

if u have an unaauthorised overdraft charges the norm

4 throughout the period the climant recived a number of copies t&c tariff charges etc

 

get this one

6. the cliaimanat has overdrawn or exceeded authorised limits on the account on an number of occassions full details on which will be provided on disclosure

the liars i have never had or been offered an overdraft facility they refuse me each time i asked them for one so how can they say this can i say anything about this in a letter or statement etc

therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of the contract and the climant became liable to pay the fees to the defendant in accordance with its tariff of charges applicable at the relavant time in accordance with the conditions such as fees were debited to the a/c

 

continued

[abroadgirl]

pt 2 contiued

 

you will note i joined here after i started this.........................lol

 

in view of the facts and matters refeered to in paras 3,4,5,6, above the defendant denies thaqt the amount of xxxxxxxxxxxxx or any other amount was unlawfully debited to the a/c and the claimants claim for the repayment of that amount is therefore denied the defendant denies that the claimant is entitiled to claim intrest of any amount?

how can they say this i have it in black and white the charges they took from my account so what can i do or say about this?

 

the clients contention that the said fees are unenforceable and or are penalty charges is dinied (what do they mean)?

the fees reflect and are proportionate to the defendants admin expensives incurred due to the claimants breach of contract and are a genuine pre-estamate of the damage suffered by the defendant ?

9 futher or in the alternative even if the said fees are not proportionate to the defendants administrative expenses incurred (which is denied) the claimant remains liable to pay the fees as may be found to be proportionate and the clianmant is not entitled to claim a repayment of the full amount of each charge made to the account

 

10 no admissions are made as to the amounts claimed by the claimant and the cliamant is put to strict proof of the same ?

 

defendant amits this is true etc etc

i am mad now as when i got this in may i didnt understand it and thought it was the norm i decided to read it and go thro my papers etc and how can they say or deniy when i have it all down in black and white

and do i do a letter about this well i mean pointing it out about the charges were taken and that added intrest was added and i have all the statement s which i have submitted to the courts

etc

please can anyone help as they are denining the charges arnt they

and i have necvver had an autheriosed overdraft they kept refusing me and it was my DLA, SDA 7 mobility that went into the account

ty hugs

abg

[abroadgirl]

please can anyone help me please

thankyou:(

[abroadgirl]

:cry:

:cry:

[abroadgirl]

thankyou for our repllies i know and im sorry for being thick

as u can see i just go on en on

i dont know what or how to put it in a letter question by question ?

please can i get help here please kia u have my email addy would it be too much to ask if u could kinda draft it for me on the basis of what i have put in here then i could do it and add more etc

than i can fax it to the courts and the judge i hope u dont mind love

thankyou for all your help both

hugs

abg

[abroadgirl]

on the 23rd july with intrest £7410.54

in which i asked for a settlement of £6,500.00

hugs abg

[abroadgirl]

hiya everyone

tyvm to kia for letting everyone know here i was awful not being able to get on here so fingers crossed it is ok now i spent from 8am till 3pm giving it out etc well im here just now

well here is my update

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

Yep i got a letter from the courts i phoned them up and she said i am well ahead of myself i laughed ok yes you guessed

its stayed upon the courts own motion the court has made this order of its own initiative without a hearing if i object i must have the application to be set aside

does this mean thrown out etc cause ive done it already but will do it again now laughs i did this a while ago lol

 

what is a proper officer/

 

the rest i think you all know what it says

it is ordered that

please see attached order

it goes to say that the papers in this claim were considered by proper officer the norm

test case

 

etc etc

 

then it says it is ordered that

the claim be stayed etc etc

 

so as i have already told the courtss before this i wanted it lifted

etc

so do i do it again i think so

and what does proper officer mean or is it a name of a person lol

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxxxxx

oh sorry kia

yes i used the letter that you gave me and added more

tyvm

hugs

abg

x

[abroadgirl]

hi love well i sent it about a month agao then with the n244, i have just faxed them again asking do i have to resend anything to them i gave a chuckle to myself really as she said i was well ahead of myself at least they arenot saying they havent got them cor id hate to see my file laughs

 

i forgot to say i emailed inga before i had the probs with puter etc

the reply i got when i got on here today eventully was

 

 

Dear Ms xxxxxx quote the rudeness Ms not Mrs

we refer to your two emails dated 17th sept 07 sent at 7-08am and 7-15am.

on our enquires to the court we note that this claim has now been stayed.

to end this abbey national plc will not be responding to your request for information and clarification under cpr part 18 at this time

inga kirkman

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

so what do u think of this then

i also asked for a copy of the agreement i supposed to have signed

i dont remember signing anything to be honest

and if i did i would have it with everything in the filing cabinet

mmmmm

hugs

abg

[abroadgirl]

hi as far as i can see i went in shabbey and asked to open an account etc they did a cheqwque on me like they do then she opend my account and took my money think it was a thou i opend with and she gave me the docs and said id get the rest in the post i havent got anything that i signed anywhere so maybe that is why she said no im not getting owt else hahahha

i remember the woman as she is still there

 

i will look and see in the threads if anyone has had there stay removed and won etc catcha later

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[abroadgirl]

well look at this

i have been going throu some of my stuff and look what i found

 

well i have just seen i do know that i sent a judgement to the court as

it said on the form request for judgement

at the top it said that my claim was issues on the april 2007 the court sent it to the defendant by first class post on 12th april 2007 and it will be deemed to be served on 14th april2007 the defendant has until 30th april 2007 to reply.

okay i sent a request for judgement 15th may 2007 given the benefit of the doubt

but i got a letter back from the court with a copy of my request for judgement there letter dated 22nd may 2007 saying that i return herewith your request for judgement as a defence was filed on the 10th may 2007

 

so i didnt do anything

any advise please or am i now too late or can i still being this up

ty

hugs

abg

[abroadgirl]

hi kia i have pm gary h

as i didnt know how else to do it but yes hun you can bump if you want

i got email from martin lewis and the lastest is

Bank Charges Court Date Announced: 14 Jan.

hugs abg

xxxxxxx

[abroadgirl]

here is what i have got its an update to the oft test case

 

Bank Charges Court Date Announced: 14 Jan. Plus clarity over credit card reclaiming?

will post here anything else i see

hugs

abg

[abroadgirl]

not yet hun

xxxxxxxxxxxxxxxx

[abroadgirl]

Application for removal of stay.

 

I am contacting Abbey National PLC,

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 xxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxx, 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 electic 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

 

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.

 

I hope you will be able to come to an agreement with me otherwise if I do not hear from you within 7 days of this dated letter I shall be contacting the courts.

 

 

 

Yours sincerely

 

is this letter alright for abbey and court do i remove anything or add more thvm for helping

abg

vbrep_register("1153772")

[abroadgirl]

28th September 2007.

 

 

Dear Sir/Madam

Hello, i know that you may have millions of letters and that there are millions out there who are re claiming bank charges. I am also aware of the oft test case.

But please can i say a little about me. Thank you.

 

Sir/Madam

I started my claim December 2006 Long before the OFT Test Case came out I have 6 hard back folders with all my info letters actions but i am getting know where with this, Excuse im crying at the moment.

I was given by blackpool county courts claim no 7BC-00958 a judgement for which abbey was to respond by 30th april 2007, by district judge law for abbey to have there papers in by 30th april 2007, i wrote to blackpool county court on 15th may 2007 stating that i am applying for judgement on the grounds abbey had not sent in there documentation, i then got a letter from the courts dated 22nd may 2007 stating that abbey had sent them on the 10th may 2007 I was not sent a letter to this effect but abbey were late in sending there forms back by the 30th april2007 like it said on the court paper, then by district judge law of but no i kept blackpool county court sent a court paper with directions on saying that both parties were to decide to come to a settlement between both parties by 17th august 2007 in which i have tried and tried with abbey national about a settlement figure £6,500.00 in which i had drop the originally amount but no they ignore my phone calls faxes emails then i did get answers they are not willing to a settlement figure again i stressed that by the directions of district judge law this was the directions to follow in which i have many times contacted ronan. coyle, inga.kirkman, on many occasions but then all i got was the letters about oft test case and they are not willing to a settlement. i was only doing what i was told by the directions of the court judge law.

My last letter saying the matter is closed until the test case in which i am now in the process of trying to lift the stay along with n244.

Sir/madame i am now not knowing what to do as this has caused a lot of hardship on my part, and the charges was taken from my benefits in which i sent to the courts and abbey the social security admin act 1992 and unlawful bank charges following an arrestment of welfare benefits which states a trite law that tax credits and other social benefits are exempt from a levy of a charge these monies remain exempt from such insofar as such monies can be clearly identified within an account where they are not allowed to take charges from benefits.

I have tried and tried but keep getting the test case in my face this is not a recent new claim but an ongoing claim which has been into effect long before the test case arisen.

 

here is my latest letter to keep you updated but i have done everything by the directions of the judge's directions and much more. I do have 6 hard back folders of all correspondence and charge statements from 2000 up to 2007. including spreadsheets of charges and benefits going in here is a letter being my latest one for you too see may I Thank you for your time.

Application for removal of stay.

 

I am contacting Abbey National PLC,

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.

 

I hope you will be able to come to an agreement with me otherwise if I do not hear from you within 7 days of this dated letter I shall be contacting the courts.

 

 

 

Yours sincerely

 

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

 

Thankyou for reading this and for any assistance you may give to me i know i am not the only one but i really have tried and done my best to do what was directed to me by the district judge law of blackpool county court.

 

Thanking you very much .

okay!!!

i am feeling fed up had enough etc etc so now i have emailed the houses of parliment judicallaw etc etc

and to hell with the embarresment i didnt delete anything

so would you like to see what i sent okay nothing but the truth so if i get in trouble at this point i dont care!!!!!!!!!!!!!

[abroadgirl]

hi well i got an email from the house of lords asking if i had any documentaion

i must be in possession of an order of a lower court against which is permissible under the practice directions to appeal or to petition for leave to appeal '

it wasnt clear to them if i was in a possion of such an order

it went on to say

if i have an order i wish to appeal against yo sed it and will be examined and will advise me as to weither or not the house of lords can hear my case if they have a jurisdiction to hear my appeal then they will.they will write to me....

at this stage they only need the order itself nad not any other document end

guess what i sent the letters and the 2 as stated in my last post

in fact i faxed it to them

so i might hear on m monday

i sent the notice of issue/judgement n205a where abbey should have sent theres by the 30th april and they didnt the court geot them on the 10th may

2nd one n24 standard order for stay for settlement where both parties had to try n settle by 17th aug

 

so now lets see what they decide

apart from that i have heard nothing from the courts here from blackpool except that when i phoned them they have a back log

 

oh did i tell you our local mp has the listed bvelow and i have emaild cherie blair even thou she dosent agree with it shes getting it as well.

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxxx

[abroadgirl]

good morning all, how are you all thankyou for your replies

simon & gary i have pm you both tyvm

well i have no news as yet as soon as i do i will post here tyvm

if anyone is waiting on news from the courts as far as i know the post is going on strike again so i guess it phone or faxing abbey or the courts

friday 5th sat 6h mond 8th and tues 9th its a pain isnt it

so if anyone has anything they want to know or have get phoning or faxing

well im off for now ty all for all your help

hugs

abg

xxxxxxxxxxxxxxxxxxxxxxxxx

[abroadgirl]

whilst trying again for the settlement from abbey heres what i got

what kind of letter do i do now

 

dear ms miller we refer to your two emails dated 17th september at 7.08 am and 7.15am

to this end abbey national plc will not be responding to your request for information and clarification under cpr 18 at thisw time

 

so what do i do now leave it or another letter?

it s our wedding anniversary on thursday 4th we was going away but not now gggr

arh well ty everyone

hugs

abg

[abroadgirl]

hi just to let everyone know that there is a planned postal strike so anyone who is waiting to hear from the courts or abbey its best phoning or faxing them

 

postal strikes are

friday...5th october

saturday...6th october

monday...8th october

tuesday 9th october

 

and as from monday they say that all posties will not be leaving the sorting office till 10 am

thought id let u all know

hugs

abroadgirl