abroadgirl v Abbey

[abroadgirl]

here is my letter to ronan

*******************************Dear Ronan,

Sir,

case no 7bc-00958

 

Thank you for your long awaited reply i received just now. However i have been in touch with the courts and applied to have your stay removed, as stated below .

 

I still have had no offer of a settlement or an open offer referred to in a letter from abbey. You have stated that abbey isnt going to offer an open settlement, yet they stated that in there letter to me?

 

Does abbey know what they are doing?

 

Quite honestly i don't think they do.

 

I am now getting beyond my control as all these letters i am receiving are a fob off sham as they are all the same and i am no longer waiting or giving abbey any more time this has gone on long enough and now i am being fobbed of with this OFT |TEST CASE again read below what i am saying.

I am aware of the "OFT Test Case" in which i have replied as this is an ongoing case also stated that as the 'Test Case' has not even started as of yet AND is unlikely to start before OCTOBER 2007 (and that is at it's earliest) then how can you justify quoting a stay pending the ongoing/outcome of the 'TEST CASE' when the so called 'TEST CASE' theoretically does not even exist!! I have been fair and lenient now with Abbey and therefore now request a offer.

 

My case is not a new one i shall be grateful if you could update me as what offer or open offer abbey has in mind i have complied with all correspondence from everyone concerning abbey in which i have been back in touch with Blackpool County Court district judge law who gave abbey and myself time to arrange a settlement this was before the OFT Test Case, therefore i do not see as to why i should be put on hold.

I look forward to your reply in this matter, hopefully i hope i don't have to keep on at yourselves before you decide to reply.

Also is your fax machine been turned of after trying to fax you for 2 days i still cannot send anything via fax?

 

Thanking You

 

Yours sincerely

 

R. Miller

[abroadgirl]

okay heres my reply to my letter to ronan

 

 

without prejudice"

Dear Madam

 

The letter you received from us regarding the test case with the OFT and our intention to stay your case explained that if you had already been in receipt of an offer to settle your case, which was still open (i.e. had not been rejected in any way) then Abbey would honour these offers. Where an offer has not been received, or is no longer open, then Abbey would be applying to have your claim stayed as the issued to be resolved in the test case are related to the issues raised in your claim.

 

Therefore, I can confirm that Abbey will not be making any offer to settle your claim until the test case has been decided.

 

Kind regards

 

Ronan Coyle

[chrisking1962]

Hi ABG,

sorry I did'nt get back to you sooner, and I will help as best as I can.

 

Right then.

 

1st I think you need to inform the courts that you have tried to negotiate with the shabbey but because of their deliberate delaying tactics in coming to some form of an ammicable settlement with yourself, they have now abused the Judicial system and the courts advice to come to a reasonable settlement by using the so called 'Test Case' as a significant loop hole in putting an end to your claim and therefore NOT attempting to come to a settlement and offering closure on the matter.

 

I would also reiterate that you have tried on several occasions to contact the shabbey and negotiate a (lower if poss) settlement figure which both parties could agree on (it might be better if you mention a lower figure if you can afford to) but the shabbey have not honoured their side of the advice from the courts back in (whenever you were advised by the courts) and despite several emails/faxes/letters and telephone calls (replied to or not) from yourself prior to the so called 'Test Case' the shabbey have knowingly delayed any formal offer/settlement and have now stated that they will apply for a stay regarding the matter.

 

Let the courts know that you were willing to settle and tried in vain to close the matter out of court under the advice from the courts and that despite all your intentions and efforts, the shabbey have been unwilling to discuss the matter and you are dissapointed with them as for all the time and effort you have put into trying to settle out of court, it has been a total waste of time and stress on your part and that you feel that the shabbey have deliberatly abused the courts directive and because of the so called 'Test Case' have now used this as their latest excuse NOT to even entertain the courts advice to negotiate a settlement.

 

I hope that will point you in the right direction. I would keep putting in the 'Courts Advice to settle' in your letter and constantly remind the court that you tried desperatly to sort the claim out of court but with no joy.

 

I'm sorry if it has'nt helped, but if you need me to help with the letter just pm me then it's kept off the post.

Please note though i am not a legal expert and any advice is my own and not expert. I have only read your posts so there could be info missing and the last thing I would want to do is help you with a letter that may damage your claim.:o

 

Keep me informed.

 

stay fresh peeps

 

regards

chris x

[chrisking1962]

sorry abg,

 

this is a tweeked version of the removal of the stay I have just sent to the judge regarding my Nationwide claim:-

Claim Number:xxxxxxxxxx

In the xxxxxxxxxxxx County Court

 

Between: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxClaimant

-and-

Nationwide Building Society Defendant

FAO: Judge xxxxxxxxxx QC

Mi Lord,

I strongly object to the proposed order of a stay in respect of the claim detailed above upon the following grounds;

The So Called ‘Test Case’.

The fact that the so called ‘Test Case’ is not yet underway and will not even start until October 2007 at the earliest and the official start date of the ‘Test Case’ is preliminarily set for January 2008 does not in real terms exist.

Yet, under extreme pressure from the banks and governing bodies the courts have been unwillingly (in certain districts) forced into bowing to the banks wishes, and to the dismay of the claimants who have spent a lot of time and court costs pursuing the money claim which they are rightly entitled too claim back. If the banks were to pursue a customer for monies owed to them in a similar situation, then the customer could not quote for a stay due to the ‘Ongoing Test Case’ and have this allowed on the same principles solely because the customer would not have the resources or power to fight the bank(s) on these grounds.

Courts Backlog of Delayed Cases

I am sure that the courts are fully aware of this gross delaying tactic being used by the banks to further enhance any difficulties from current and future claimants by putting pressure on the individual claimants in the form of a blanket stay to either stop any future claims, or to give up their current claim. Surely it would be in the Courts best interest to continue with all current applications already in the Court system to relieve the backlog of claims which will still have to be dealt with, Prior to the actual ‘Test Case’ starting, whether that be in October 2007 or early 2008. As the banks have shown in the past their blatant disregard to the courts directions during past claims, it is more than likely that the banks will again show their total disregard towards the Judicial system and once again not show up. The Banks are once again allowed to show their overriding power over the FSA, FOS and the OFT and have shown this with the way they have been granted their request to apply (and successfully) for Stay’s on most claims yet have been granted this under NO conditions regarding the claimants fair rights in the form of possibly 1 of the following 2 options:

1. The Banks/Building Society should cease to place any further charges on the claimants account (if still active) until the same request for the stay during the up and coming so called ‘Test Case’ is resolved.

Or,

2. That ALL claims already in the Judicial System should be allowed to continue their course prior to the start of the so called ‘Test Case’ as this would free up valuable time for the courts when the so called ‘Test Case’ actually comes to court.

Fairness

There is no fairness what so ever taken into account towards the claimant on these current issues, since the Grant of the above stays have been allowed. It is also a well known and published fact that the Banks on more cases than not have failed to acknowledge their responsibilities towards their customers AND especially the courtstime and resources. The banks have shown their contempt towards the courts directions and have blatantly abused the legal system despite being ruled against in most cases by not turning up for the hearings, and in a lot of cases settling with the claimants on the 11th hour so to speak.

On the directive of allowing the banks their request for (in most cases now) a ‘Blanket Stay during the current Test Case’ the customer now has no rights to contest this, as now with most cases the decision has already been taken by the presiding Judge prior to any request from the claimant therefore the banks are yet again blatantly abusing the legal system by requesting AND being allowed a stay on most claims on the proviso that the actual ‘Test Case’ does actually go ahead. How can the banks be allowed to have a ‘Stay’ on a claimants rights to claim back the monies taken from the claimants bank account and quote the forthcoming ‘Test Case’ which may not even start until early 2008. There is a minimum 2 months before the so called ‘Test Case’ may start and that is if the so called ‘Test Case’ was to start in October 2007. Surely this would be in the Courts best interest to settle most of the claims by continuing the claims pending the actual start of the so called ‘Test Case’ and therefore freeing up the courts valuable time and being seen as fair towards both the claimant and the Defendant as this would be allowed during any other type of court hearing and not just on the side of the powerful banks in this case.

 

Human rights

 

Although I realize it infringes my rights under the European Convention on Human Rights directly and as enacted in the Human Rights Act 1998. Article 6 of the Convention provides that;

 

“1. In the determination of his civil rights… everyone is entitled to a fair and public hearing within a reasonable time.”

 

I feel there is no point addressing the relevant human rights issue, as I do not believe this will be taken into account through the Judicial system and the overwhelming Directive from the Banks regarding the Blanket Stays.

 

The Overriding Objective

 

The Overriding Objective requires that my case is allowed to proceed speedily so that a just settlement may be obtained by the parties to this case. Dealing with cases justly includes ensuring that this case is dealt with expeditiously and fairly and in a way that is proportionate to the amount of money involved. It is submitted that the imposition of an indeterminate stay in a small claims track case involving a relatively small sum, at such an advanced stage in proceedings, is not just, nor is it expeditious, nor is it fair on a claimant who has outlaid sums by way of court fees in pursuit of a legitimate right to seek a remedy.

 

 

Balance of convenience

 

The sum claimed is insignificant to the bank but it is highly significant to me. Furthermore, had the bank granted me a personal overdraft earlier on in the account, I would not now be claiming the charges taken from my account, as on more than one occasion the charges were applied after a Direct Debit/Standing Order had taken my account over by less than £10, yet had an overdraft of £50 been allowed on my account then I would have had NO charges taken. When I contacted the bank for this request, and with the Nationwide Building Society knowing exactly when my salary was paid into my account every month, they could have accommodated my account but chose not to allow me this facility, I now believe the reason for this was solely to charge my account at their convenience and to fraudulently take monies from my account without my consent, and knowing that I have a very narrow margin for financial discrepancies, once I had been charged then it became clear that we would always be starting a new financial month with charges already effecting our income and outgoings.

Additionally, the defendant remains at liberty to enter my name on the default register which it and other banks routinely do in respect of unlawful penalties which are unpaid by their customers. The banks have direct and privileged access to this register. They have no need to obtain a County Court judgment before they may enter a default on the register. This default remains on the register for 6 years and causes enormous damage to reputations. Were my name to be entered on the default register I would find it impossible to get credit or a mortgage and I would have to pay higher fees for any credit which I did manage to obtain. The banks would also remain at liberty to bring legal proceedings against me for the recovery of any debt which mostly or entirely consists of penalty charges, penalty charges which are contended to be unlawful, but which consumers would be helpless to challenge in the event that stays are imposed on any claim where a customer is seeking to dispute the lawfulness of them.

 

It is submitted that a stay will mean great difficulty for me and yet be insignificant for the defendant bank. In fact a stay is supportive of the Nationwide Building Societies litigation strategy which is to frustrate justice by repeatedly taking the claimant to the door of the court and then to settle the claim, and now to use the cover for their delay to either defend or to ignore the claim by using the so called ‘Test Case’ as an excuse to extend their total disregard for the Judicial system, when I as a claimant have abided by all the correct procedures from my 1st letter to the Nationwide Building Society sent in April 2007, through to the actual Claim being filed at your court on the 16th July 2007, deemed served on the 19th July 2007,under the instruction laid out in your N1 claim form and subsequent guide regarding the same. Even after allowing the claim to be acknowledged by the defendant and the subsequent ‘Blanket Stay’ placed via the District Judge for Bradford District, I have now been put into a situation that is being controlled by the banks under the cover of the so called ‘Test Case’. I have been advised by the court that I may request the stay be removed at a cost of £65 and yet I was also informed that the ‘Stay’ would in all accounts ‘Not be Lifted’, so I feel that I would not benefit from a hearing and as I can ill afford a further £65 to pursue this path I shall just request the same through this letter.

 

 

The Status Quo

 

The stay does not maintain the status quo. As submitted above, a stay favors the bank by preventing the claimant’s pursuit of its legitimate remedy without placing any restriction upon the banks activities which I submit are unlawful and/or retaliatory.

 

Furthermore, as submitted above the present case concerns a relatively small sum and is already at a stage in the courts proceedings, and therefore I submit that to impose an indeterminate stay is unnecessary, inappropriate, not in the interests of justice and further, is detrimental to my rights in a way which is unfair and inequitable.

 

In the alternative

 

In view of the preceding paragraphs, if the court accedes to the defendant’s application for a stay notwithstanding these objections, I respectfully request that the court issues the following injunctions:

• That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter.
  
• That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.
  
• That the defendant is prevented from closing my account.
  
• 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.
  
• 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 )
  
• 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.)
  
• That these injunctions remain in place until the settlement of my claim.
  
• 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.
  
• That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent.

I, xxxxxxxxxxxxx, the Claimant, believe all facts stated to be true.

 

Signed:

Dated: 21st August 2007.

 

 

.

.

 

 

ps this was for my intention only, and changed to suit my argument for what use I will have to wait and see.

stay fresh peeps

regards

chris

[abroadgirl]

HI CHRIS

tyvm for your reply i did mean to get back but i was on hear all morning but with your help i faxed everything to the judge so i await now and see what happens

thankyou for all your help

 

how are u getting on

keep going everyone

hugs abg

[chrisking1962]

Hi ABG,

 

its always a pleasure to help out, I hope you ammended my version of the request for the removal of the stay (if you used it) to suit your requirements etc, and if you didnt use it then thats fine!

 

I'm at work so I can't spend too much time on the pc. lol;)

 

i'm currently chasing Yorkshire for the missing statements I am owed and I am about to file against Abbey if Skipton are still going, but it's getting the fee and the time to call in as it is'nt on my doorstep.

 

Keep me informed how you get on won't you, and if your succesful let me know your tactics.

 

I am awaitng a reply from the courts regarding my request to have the stay removed, and just hope I don't get hauled up in front of the judge for something I have written regarding the banks power over the judicial system.!!!!!

 

stay fresh peeps

 

regards

chris

 

oh KKKKKKKKKKKKERRRRRRRRRRRRCHINNNNGGGGGGGGGG £1.26 today thanks again Mr Bankmanager.

[abroadgirl]

hi chris i am rooting for you.

thankyou so much for everything i did use what you put here and changed from nat to abbey etc

cor i hope the judge dont want me i dont know anything only done whats on the threads lol

i am fuming at the mo which has caused the palpatations again and it hurting not to worry

i just got a letter from the abbey complaints my scanner isnt working properly yet so i m not retyping the letter but will put my reply i have just faxed them i will try and get scanner to work thou....

yes i have as well i did what you said and otheres and have asked judge xxxx to have the stay remeoved so fingers crossed but i am struggling now just incase with the court bundle i have done it but putting it all in order is getting me down as i dont understand all the words and wish it was in plain english etc sorry for the rant heres my letter i have faxed to shabbey

good luck with yours and keep us updated as i will you

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

 

Mrs. XXXXXXXXXX

XXXXXXXXXXXX

 

XXXXXXXXXXX

 

 

Abbey National Plc

Complaints

PO Box 5129

Milton Keynes

MK9 2YN

 

Your Ref: xxxxxxxxxxx

 

 

Dear Sir,

I acknowledge receipt of your letter dated 21 August 2007 which I have recived to-day.

 

However there are a few points I would like to raise with you. As stated in your letter.

 

Firstly I am advised that the OFT Test Case does not come into effect until OCTOBER 2007.

 

In your letter you have stated that I should be aware that if I choose to issue a claim in the courts the bank will immediately apply to the court for an order of stay and that my action until resolution of the banks proceedings with the OFT .

You have also stated in your letter to myself, that you (the bank)

Have promised to proceed as quickly as possible given the importance of the issues being considered this may take up to many months to finally resolve?

 

In answer to this I have already taken action in which the bank ABBEY NATIONAL PLC have received my claim form from the court, they have also received the question allocation from courts

And myself,

They have also been sent from blackpool judge settlement order between ourselves, by 17th August 2007 in which I didn’t receive anything from ABBEY, yet you had four weeks to respond to this settlement , you did not…. until I perused this on the 21st august previously I have sent faxes to Ronan. Coyle, Inga.Kirkham, also to abbey for a settlement figure but as normal Abbey chose not to respond to the settlement order, I have like yourselves been in contact with the courts.

 

I look forward to your response

 

In this matter

 

Yours faithfully

 

abg

 

24th August 2007.

[abroadgirl]

oh dear ive left all details on this i dont know how to delete it now any help me here please thankyou

abg

 

its alright ive done it lol

abg

[abroadgirl]

hi chris how are yu getting on have you deard anymore from shabbey or the courts yet well i have heard a thing either from abbey or court unless something comes today so i dont know what to do next i have put the letters in here what i have sent also to the district judge but i havent heard anything so i dont know if it is going ahead or is it being struck out so do i just hang on and wait or should i now look in the threads to send another letter i really thought the court would have acknowledged my correspondence but they havent they got it on 21st august

 

or is it the fact that the office staff are not doing there work as the case may be sometimes

take care

keep going peeps

hugs

abroadgirl

[abroadgirl]

i have noticed the boards are very quiet

has anyone got any latest news on what is happening

have you heard from your court

as for me i havent heard anything at all i am now at a stand still as i dont know what else to do

not heard a thing not even from the courts am i wasting my time and shall i give it all up as there is nothing else i can do now

well thats my thinking

as i feel i am just being ignored

hugs

abroadgirl

[adamc6671]

Hi ABG

 

Have read your PM, and this thread. In order to help me to help you, can you answer a few questions for me, please.

 

1) Have you actually filed a claim in Court against Abbey?

 

2) Have they defended, and if so have they used their old 'breach of contract' defence or their new 'service charge' defence?

 

3) Have you had a date for a hearing from the Court, and if so, for what type of hearing - 'Full', 'Allocation', 'Preliminary' etc?

 

4) Has the Court itself actually stayed your claim? If so, what date was the stay applied, and how long from that date do you have in which to apply to have the stay removed? It will tell you that on the Order the Court should have sent you.

 

If you can answer these questions for me, then I can tell if the letter I have prepared, with great help from GaryH, is the one you need, or if I need to point you in the direction of another one.

 

All the best - Adam.

[abroadgirl]

hello adam tyvm for your quick reply ty.

in answer to your q's

 

) Have you actually filed a claim in Court against Abbey?

I have sent all letters . filled in claim form for blkpool cout...

filled in allacation question

aire in which i got a letter from district judge law saying that a stay was in order for shabbey and myself to try and come to a settlement giving them from the 4th aug to 17th to offer a settlement no they didnt i contacted the courts with the letters u have seen on my thread.

 

 

 

 

 

2) Have they defended, and if so have they used their old 'breach of contract' defence or their new 'service charge' defence?

 

they sent there defence the norm as usuall.

 

3) Have you had a date for a hearing from the Court, and if so, for what type of hearing - 'Full', 'Allocation', 'Preliminary' etc?

i have had no date at all only the one from the judge saying as answered in question one. (settlement)

 

4) Has the Court itself actually stayed your claim? If so, what date was the stay applied, and how long from that date do you have in which to apply to have the stay removed? It will tell you that on the Order the Court should have sent you.

I havent had a thing from court i wrote to them asking for the stay to be lifted after abbey sending a letter about the oft case and that they were going to apply for a stay etc the norm so i faxed the judge and courts for a lift on the stay

 

If you can answer these questions for me, then I can tell if the letter I have prepared, with great help from GaryH, is the one you need, or if I need to point you in the direction of another one.

 

thankyou so much i hope u understand what i have written as i am not good at it hope i have answered right for you

but i havent had any court dates etc only the one from the judge saying that we both abbey and me to tey a settlement and gave us to the 17th aug. which u may have seen in here my letters i sent the courts

ty for all your help

abg.

[abroadgirl]

i asked for a settlement of £6,500 otherwise i shall commence for the full amount and that i will not accept any less than the settlement offer made by me....

hugs

abg

[adamc6671]

Hi ABG

 

Thanks for your answers - yes, I understand them all!

 

It is almost impossible to ask for a stay to be lifted when the Court has not formally applied one (Abbey can NOT apply one themselves)! It seems your case is very much 'in the middle of nowhere' and that needs sorting out.

 

I suggest you contact the Court a.s.a.p. and ask exactly what they are doing with your claim.

 

If they state it is, or will be, stayed (which is quite likely) then ask them to send you the Court Order to that effect, as you have not had one. When you get that order, then you need to apply for the stay to be lifted, using form N244. The info you need to complete that form you will find here, together with the statement you need to attach to it -

 

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

 

Use GaryH's statement, in Post No 1.

 

 

 

If it has NOT been stayed, then they should be setting a hearing date for either a preliminary or a full hearing - ask them to formally notify you of that date and the details of that hearing. It is very likely that Abbey will turn up at that hearing purely to ask for a stay. Go to that hearing properly prepared to argue against a stay - take with you the info as in Post 1 of the thread above if it is a full hearing, or if it is a Prelim or Allocation hearing, look at my post (Number 31) for the slightly modified info you need.

 

I know this can be very difficult to understand, but do your best - we'll do all we can to help - don't be afraid to ask!

 

All the best - Adam.

[chrisking1962]

Hi ABG,

sorry I havent posted for a while, I'm busy at work and when I'm at home I'm busy getting the house finished and the thought of possible immigration to a better country is forever looking more inviting.

With time against me on that one it's a matter of prioritising what is best.

I have however just recieved most of my statements from the yorkshire bank going back to 1995 (still got the first 12 missing though and its a lot more than I thought so I have some calculations to work out then I'll be back.

 

Contact the court and ask them the state of play.

 

Oh KKKKKKKKKKKKKKKKERRRRRRRRRRRRRCHINNNNNNNNNNGGGGGGGGG another £1.26 interest and I'll top that up when I've calculated my YB's up lol;)

 

stay fresh peeps

regards

chris xx

[abroadgirl]

hiya chris thanku so much for yur reply i have today faxed the courts asking them what is happening with my claim just as you advised i will post if i get a reply

tyvm for everything i am going to read the rest now and read what you have said gheeee its all confusing tyvm i clicked your scales and i tried again just now but it wont let me

take care

hugs

abg

xx

[abroadgirl]

hi chris

well i have seen the form n244

 

ok sorry to be thick here

please can you help me with

 

1 at a heasring yes

 

is this agreed by both parties yes/no

 

level of judge ?

parties to be served is it just 1 abbey

 

part B

i wish to rely on tick one box

the attached my statement of case evidence in part c?

 

which ones apply to me and what do i put

thankyou for all your help love

hugs

abg

xx

[abroadgirl]

hello all,

Is there anything or a letter we can do/have to send to abbey reguarding the stays?

They send us a letter stating that they are going to write to the courts asking for a stay on our claim.

i have been advised that abbey cannot do this

so why are we putting up with there nonsence them writing telling us that they are going to write to the court and apply for a stay

so is there a letter of some sort we can all send to the sh-abbey?

just a thought

thanks!

abroadgirl.

[Sue Loftus]

Hi

 

I emailed Inga directly and told her that I'd received the letter and that my understand was that both parties had to agree to a stay (not sure if I got that bit right!) and said that I wouldn't be agreeing and would strenuously object to stay. She responded saying a note had been placed on my file! Laughable really, hey ho.

 

Sue

[abroadgirl]

hi sue

thankyou for your reply.

i dont know if i should email ronan and inga again as i have already done so laughs at my email hahahahah if u would like to see them please see my thread

abroadgirl v abbey

i dont know weither to email again or not i will wait till you have read etc then maybe you can see why i am going on

if i help please click scales if you would like to

take care

abg.

[abroadgirl]

ok i have just emailed inga here is what i have sent

 

 

Dear Inga,

 

 

claim xxxxxxxxxxxxxxxxxxxxxx

 

I wrote to you on 14th june 07 about my claim.

 

I have however received a reply but am not happy with the reply i got.

On 4th july 2007, i received from Blackpool County Court that the following steps to be taken for a settlement between both parties and that a stay untill 4th August 2007 to be agreed by both parties and that on or before 17th August a settlement should have taken place.

However despite numorus emails faxes and calls, there wasnt anything offered by yourselves, and that abbey was applying to the court for a stay untill the OFT case.

 

I do not agree with the stay, also i have been advised that abbey do not request one.......

I am still looking for a settlement figure as previously stated in my letters to you.

I hope that i don't get a reply saying this has been noted, and therefore i wish to continue a settlement figure between ourselves, as the OFT case isn't until sometime in october 2007, therefore i await your settlement offer

 

Yours sincerely

 

xxxxxxxxxxxxxxxxxxxxxxxxx

[poppynurse]

Unfortunately both sides don't have to agree to a stay, and the court can order one itself

[abroadgirl]

ok heres my letter i sent if i dont get areply then i shall be contacting them again also heard nothing from court

hugs abroadgirl

Dear Inga,

 

 

claim xxxxxxxxxxxxxxxxxxxxxx

 

I wrote to you on 14th june 07 about my claim.

 

I have however received a reply but am not happy with the reply i got.

On 4th july 2007, i received from Blackpool County Court that the following steps to be taken for a settlement between both parties and that a stay untill 4th August 2007 to be agreed by both parties and that on or before 17th August a settlement should have taken place.

However despite numorus emails faxes and calls, there wasnt anything offered by yourselves, and that abbey was applying to the court for a stay untill the OFT case.

 

I do not agree with the stay, also i have been advised that abbey do not request one.......

I am still looking for a settlement figure as previously stated in my letters to you.

I hope that i don't get a reply saying this has been noted, and therefore i wish to continue a settlement figure between ourselves, as the OFT case isn't until sometime in october 2007, therefore i await your settlement offer

 

Yours sincerely

[chrisking1962]

Hi ABG,

 

well that sounds ok in your email to inga, I would have definatley kept on mentioning the courts directive regarding a settlement figure between you both and would stress this if you have to contact the court for further direction.

Just remind the court manager/judge that you have abided by their ruling and advice but have had no joy and due to the DELIBERATE delay by Abbey in finalizing an amicable setllement figure on your claim this has now taken you into the pending test case scenario and you strongley feel that if this test case had not been brought in at this point you would have now settled the claim and would not now be feeling as if the ABBEY have taken full advantage of the testcase and it's ability to manipulate the system to their advantage leaving you with no option but to literally beg for the settlement.:o

Do not let Abbey think they have won yet, tell the courts that you 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 back in whenever you were instructed by the courts.

 

You have done really well up to this point, and I know you will succeed, it's just how quick the courts and how well you come accross with the judge regarding being messed around after the courts directions on coming to an agreement.

If the judge doesnt rule in your favour for this alone, then there is something seriously wrong with the judicial system!

 

I would probably contact inga again and remind her of the directions given by the court regarding coming to a settlement ON OR BEFORE the 17th August a settlement should have been made by now, and to 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 you will further persue the matter with the courts due to the facts you have stated earlier regarding trying to negotiate a figure through the courts advice. Let her know that you have taken all the neccassary steps as per the courts directions and that Abbey have not and it is on this evidence and all the previous correspondences between yourself and the Abbey (wether this be fax/email letters etc) that you intend to submit to the court for your request now for full payment of the whole amount plus any further interest you have incurred since the 17th August, UNLESS Abbey settleyour reduced claim to £6500 without further delay.

let them know you mean business.

 

And by the way, calm down and take it easy, don't let them wear you down your health is more important than the stress of it all. If you can stay calmer and relax more then just think about what you can do with the money when you get it. If your like me, the overdraft (if you have one) will be paid off, a donation to the cag, and the rest you can enjoy wether it be some 'ME' time or a bit of pampering or a holiday or a bungie jump, sky diving whatever you want to do with it. I might be cheeky and go to the Abbey and ask to open an account with them and at the last minute say 'Oh sorry this used to be in here but not now, tee hee hee!'.

 

Remember ABG, some things are worth waiting for and I know we all want our money back right now, the banks did'nt wait a few months before they kindly releived our accounts of our money, but because we abide by the laws of the land we have to wait unfortunately. I think you have every chance of succeeding with the courts on this matter, as you have tried to settle in the allocated time and Abbey like all the banks now are just using the time to stall as long as they can. Go for it ABG and I'll be there with you all the way.

sit back and take it easy, keep me informed.

 

 

Oh mr BM KKKKKKKeRRRRRRCCCCCHINNNNNNNGGGGGG thats £1.26 interest ta very much!!!!

 

stay fresh peeps

 

regards

chris xxxx

[abroadgirl]

hi chris wow tyvm for your great reply

i dont really know how to word it

if you dont mind could u maybe draft a letter for me as i dont know how to word it all then maybe i could use the same for the court manager/judge tyvm

i still have had no word from either the courts or the judge nor shabbey

i hope u dont mind

tyvm

hugs

abg