abroadgirl v Abbey

[chrisking1962]

hi ABG,

i will certainly try and help with the letter, I do think you have done most of it already with the email to Inga.

I'll have a good read of the last few threads regarding the Courts directions and the dates etc that the courts gave both Abbey and yourself to come to a settlement.

 

Speak to you soon, if you need me to PM you to keep it off the site then let me know, otherwise I don't mind sharing as others may want to use it as well. Every little helps.

 

oooh oooh KKKERRRRRRRRRCCCCCCHINNNNNNNNNNNGGGGGGGGGG £1.26 interest again thankyou Mr Bankmanager chappy.

 

stay fresh peeps

 

regards

chris

[abroadgirl]

tysm chris

would u believe i still havne theard back from inga nor the courts.

hugs

abg

[abroadgirl]

good morning all well here is my update.

yesterday i decided to go throu the threads and get some letter templates etc and what i could on the oft its all confusing and dont know what to use etc so anyway i got the application notice filled in and letters for the judge and the courts etc like u do so now i have finishing touches as we say

low and behold i got a letter from the courts this morning asking for what i had already started yesterday throu to last night yawn and this morning trying to get everything together to send back to the courts and what is for the judge to throw out and more or less say to shabbey to pay up

sop now i will type it all out to you all as my scanner dosent work so typing it all out for u all please

if anyone can help me before i fax it to the courts any help as to if its alright or not and do i add anymopre to this etc

 

tysm for reading and all your help

ok here goes i will start with the letter i got from blackpool county court

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

 

me

v abbey national plc

 

case no xxxxxxxxxxxxxxxxxxxxxxxxx

 

The district judge has considered your letter (i send a few to him)

and has directed that an on notice application must be made (done this yesterday

i have enclosed an application form ( dont need it done this yesterday hahahha im ahead of them)

once you return the completed forms the matter will be listed yours faithfully

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

 

here is what i have done and put

 

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

Claim Number:XXXXXXX

 

In the XXXXXXXX County Court

 

Between:

 

 

[YOU]

Claimant

 

 

 

 

-and-

 

 

 

 

 

XXXXXXX BANK PLC

Defendant

 

 

 

_________________________ _________________

 

 

WITNESS STATEMENT OF [YOU] IN SUPPORT

OF APPLICATION TO LIFT ORDER OF STAY

_________________________ _________________

 

 

1. I, [you], the claimant and applicant, of [address] make the following Witness Statement in support of my application dated [date on N244] for the removal of the order of stay imposed to the above claim dated [date of stay order].

 

2. I understand that the stay has been ordered on my case to await the final determination of the proceedings recently issued at the Commercial Court involving the Office of Fair Trading and Abbey National Limited and others, claim number 2007 Folio 1186 ("The OFT Test Case"), where it is said that the issues raised will affect this claim.

 

3. I object to the order of stay and submit that there is good reason why my case should be allowed to proceed to trial in advance of the final determination of the OFT case. The grounds for such objections are set out as follows.

 

Human rights

 

4. The stay 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.”

 

5. The 8 banks involved in the High Court test case have recently published identical statements on their websites informing customers that they expect the test case to last for over a year. Moreover, the nature and gravity of the case is such that any judgment is highly likely to be appealed to the Court of Appeal and possibly even then appealed further to the House of Lords. It is entirely conceivable, even indeed probable that final resolution may not be reached for 2 – 4 years or perhaps even longer. It is thus submitted that the time of the final determination of the test case cannot be predicted and therefore the stay would thus be indeterminate, which is contrary to the right of entitlement to a fair hearing within a reasonable time as provided for by Article 6 of the Human Rights Act 1998.

 

Blanket Stays

 

6. I would respectfully draw the courts attention to the Master of the Rolls decision that all outstanding bank charges cases should not be automatically stayed. My understanding is that the Deputy Head of Civil Justice has written to all designated Civil Judges, inviting them to consider staying outstanding claims on an individual case by case basis as appropriate.

 

7. I therefore object that this stay has seemingly been imposed indiscriminately without regard for or consideration of any individual factors which may distinguish it from other similar cases or indeed the fundamental issues of the OFT test case itself.

 

8. Accordingly, I would urge the court to reject the indiscriminate blanket staying of claims as is seemingly being sought by the defendant in this and other similar claims by way of its generic template letters.

 

Distinguishing Factors

 

9. The test case between the banks and the OFT is primarily to determine whether or not the terms permitting the banks to levy their ‘overdraft charges’ are subject to an assessment of fairness under the Unfair Terms in Consumer Contracts Regulations 1999. The OFT's Particulars of Claim are attached. The fundamental issue to be tested is whether the contractual provisions which permit such charges are subject to an assessment of fairness under the Regulations and fall within the ambit of regulation 5, as the OFT contend, or whether they are, as the banks contend, excluded by virtue of Regulation 6 because they are a 'core term'. Regulation 6 provides;

 

"(2) In so far as it is in plain intelligible language, the assessment of fairness of a term shall not relate -

 

(a) to the definition of the main subject matter of the contract, or

 

(b) to the adequacy of the price or remuneration, as against the goods or services supplied in exchange."

 

10. It is accepted that this is a complex issue of legal interpretation and one on which clarity is needed. However, this issue should be viewed in the context of the banks’ recent policy of restructuring their account contracts to present the charges as being fees for banking services as opposed to damages payable on a breach of contract. All terms expressly prohibiting the exceeding of overdraft limits and making payments without sufficient funds have been re-drafted so as to present the event leading to a charge being made as an “informal request” for an increased overdraft limit. It is in this respect that the test case will determine whether or not the charges are subject to the assessment of fairness notwithstanding such re-drafting of contract terms.

 

11. In view of the preceding paragraphs, I wish to draw the courts attention to the following matters;

 

a) The OFT Test Case will not, primarily, test the position at common law of whether or not such clauses amount to an unenforceable penalty; and,

 

b) It is settled by virtue of the unanimous decision of the House of Lords in the case of Director General of Fair Trading v First National Bank [2001] UKHL 52 that a default provision, that is one concerning the consequences of a breach of contract, is not and cannot be excluded from the regulations by virtue of regulation 6.

 

12. It is thus submitted that my claim should proceed on the grounds that the vast majority of the charges imposed by the bank were levied in advance of the redrafting of its contractual terms and were thus imposed as default charges as a consequence of breaches of contract. The issues are therefore distinguishable from the fundamental issues of the OFT Test Case, are relatively straightforward issues of fact, and can be routinely and expeditiously disposed of by the County Court.

 

Hardship Issues

 

Add any specific hardship circumstances here, with any evidence in support. Include details of any benefits, unemployment, how much the bank are repeatedly taking each month, etc, etc. If there are no such issues in your case, then remove.

 

Balance of convenience

 

13. The sum claimed is insignificant to the bank but it is highly significant to me. Furthermore, although a stay prevents me from recovering my money, the defendant bank is not prevented from levying its charges or interest on debt comprised of those charges so the order of the court has the effect of favouring a powerful and well-resourced institution and does not place any restriction on their continued application of charges which I say are unlawful. Further, many banks are now routinely closing the accounts of their customers who commence claims against them. This amounts to a sanction for seeking a ruling from the justice system and as such is a basic denial of citizenship. I will remain at risk of such action despite the fact that my remedy has been placed on an indeterminate hold.

 

14. 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.

 

15. It is submitted that a stay may potentially mean great difficulty for me and yet be insignificant for the defendant bank. In fact a stay is supportive of the banks litigation strategy which is to frustrate justice by repeatedly taking the claimant to the door of the court and then to settle the claim.

 

Defendants Notorious Conduct

 

16. At least 300 claims have been brought against the defendant this year involving similar issues. This is evidenced by a sample list of settled claims, which is attached. Despite flatly denying its customers complaint in the preliminary stages then subsequently always indicating an intention to defend, then filing a defence, then an allocation questionnaire, then breaching any directions, the defendant has compromised each and every such claim in advance of the hearing, usually following unnecessary and protracted litigation. The defendant purports to settle these claims without liability for ‘costs’ or ‘commercial’ reasons, yet for example on many occasions previously, as the court may already be aware, it has gone to the expense of setting aside default judgments only to settle the claim shortly after. The defendant continues to spuriously defend claims only to subsequently settle them, flagrantly breaching multiple court orders and provisions of the CPR as it does so. Many County Courts now consider the litigation tactics employed by banks in these cases as an abuse of court process and are regularly striking out their defences as a result.

 

17. The present case has now been ongoing for X months, during which time the defendant has attempted to prevaricate and frustrate justice at every opportunity. Therefore I submit that to stay this claim at this stage is wholly unjust and would have the obvious effect of favouring a defendant notorious for its wilful refusal to comply with court orders and the litigation process in general.

 

The Overriding Objective

 

18. 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.

 

The Status Quo

 

19. The stay does not maintain the status quo. As submitted above, a stay favours 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.

 

20. Furthermore, as submitted above the present case concerns a relatively small sum and is at a late stage in 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.

 

Conditional Orders

 

21. In view of the preceding paragraphs, if the court does not accede to this application, I respectfully request that the stay remains subject to the following orders:

• 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.

22. I, the Claimant and applicant, believe all facts stated to be true.

 

Signed:

 

Dated:

 

 

 

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

 

In the

Claim no.

Warrant no.

Claimant

Defendant(s)

(If applicable)

(including ref.)

N244 Application Notice (4.00)

The court office at

is open from 10am to 4pm Monday to Friday. When corresponding with the court please address forms or letters to the Court Manager and quote the claim number.

(including ref.)

Application Notice

Note You must complete Parts A and B, and Part C if applicable. Send any relevant fee and the completed application

to the court with any draft order, witness statement or other evidence; and sufficient copies for service on each

respondent.

You should provide this information for listing the application

Part A

I (We)(1) (on behalf of)(the claimant)(the defendant)

intend to apply for an order ( a draft of which is attached) that(2)

because(3)

Part B

I (We) wish to rely on: tick one box

the attached (witness statement)(affidavit) my statement of case

1. Enter your

full name, or

name of

solicitor

2. State clearly

what order you

are seeking and

if possible

attach a draft

3. Briefly set

out why you

are seeking the

order. Include

the material

facts on which

you rely,

identifying

any rule or

statutory

provision

Address to which documents about this claim should be sent (including reference if appropriate)(4)

if applicable

fax no.

DX no.

Postcode e-mail

4. If you are

not already a

party to the

proceedings,

you must

provide an

address for

service of

documents

Signed Position or

office held

(Applicant)(’s Solicitor)(’s litigation friend)

Date

(if signing on

behalf of firm or company)

evidence in Part C in support of my application

Tel. no.

Printed on behalf of The Court Service

1. How do you wish to have your application dealt with

a) at a hearing?

b) at a telephone conference?

c) without a hearing?

} complete all questions below

complete Qs 5 and 6 below

2. Give a time estimate for the hearing/conference

(hours) (mins)

3. Is this agreed by all parties? Yes No

4. Give dates of any trial period or fixed trial date

5. Level of judge

6. Parties to be served

xxXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXX

11/09/2007

4

DISTRICT

DEFENDANT

XXXXXXXXXX

REMOVES THE ORDER OF A STAY IMPOSED ON THE ABOVE REFERENCED CLAIM

THE CLAIMANT OBJECTS TO THE STAY ON THE GROUNDS SET OUT IN PART C OF THIS APPLICATION

4

4

N/A

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXX

Click here to clear all fields

Part C

I (We) wish to rely on the following evidence in support of this application:

Signed Position or

office held

(Applicant)(’s Solicitor)(’s litigation friend)

Date

(if signing on behalf

of firm or company)

Statement of Truth

*(I believe) *(The applicant believes) that the facts stated in Part C are true

Claim No.

*delete as appropriateTHESE CHARGES HAVE CAUSED HARDSHIP AND HHAVE BEEN TAKEN FROM MY BENEFITS THERE WERE CHARGES AT ONE POINT OF OVER £115 TAKEN FROM MY BENEFITS I HAVE PREVIOUSLY ENCLOSED AND SENT TO THE COURTS BANK STATEMENTS WHERE YOU WILL SEE THIS CHATGE AND MANY MORE THAT WAS TAKEN OUT OF BENEFITS PAID INTO MY ACCOUNT. THESE CHARGES HAS CAUSED MANY TIMES HARDSHIP THERE WAS ALSO AN ONGOING CHARGES WHICH LEAD TO £322 IN ONGOING REPEATEDLY CHATGES FOR THE SAME CHARGE FROM JANUARY 9TH 2007, THESE HAVE ALL BEEN SENT TO THE COURTS MANAGER ALONG WITH MY STATEMENTS LETTERS ALLOCATION QUESTIONAIRE COURT BUNDLE.

MY SETTLEMENT OFFER WAS £6,500.00 TO ABBEY NATIONAL

I AM ENCLOSING ALL DOCUMENTATION WHICH RELATES TO HOW I HAVE TRIED TO SETTLE WITH MY BANK I HAVE ABIDED BY THERE RULEING AND ADVICE BUT HAVE

HAD NO JOY AND DUE TO THE DELIBRATE 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 SETTLED THE CLAIM AND WOULD NOT NOW BE FEELING AS IF 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 POSIVTIVE RESPONSE AND REASONABLE SETTLEMENT FROM ABBEY UNDER THE COURTS ADVICE DATED 4TH JULY INSTRUCTED BY THE COURTS I AM FEELING TRHAT I AM BEING MESSED AROUNDAFTER 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 FOR HIS RIGHT HOUNOUR DISTRICT JUDGE XXX

|******************************************************

WILL POST THE OTHERS

[abroadgirl]

OOOPPPS MY ANSWERS NOT THERE

I KNOW the caps was left on but not in the orginal

heres the part that was missing

sorry about that

abg

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

In thexxxxxxxxxxxxxxxxxxxx

 

Claim no.xxxxxxxxxxxxxxxxx

 

Warrant no.

 

Claimantxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

Defendant(s)xxxxxxxxxxxxxxxxxxxxxxxxxxxx

(If applicable)

(including ref.)

N244 Application Notice (4.00)

The court office at

is open from 10am to 4pm Monday to Friday. When corresponding with the court please address forms or letters to the Court Manager and quote the claim number.

(including ref.)

 

Application Notice

 

Note You must complete Parts A and B, and Part C if applicable. Send any relevant fee and the completed application

to the court with any draft order, witness statement or other evidence; and sufficient copies for service on each

respondent.

You should provide this information for listing the application

Part A

I xxxxxxxxxx (We)(1) (on behalf of)(the claimant)(the defendant)intend to apply for an order ( a draft of which is attached)

removes the order of stay imposed on the above reference claim

because(3)

the cliamant objects to the stay on the grounds set out in part c of this application.

Part B

I wish to rely on: tick one box

the attached (witness statement)(affidavit) x

evidence in part c in support of my applicaton x

 

my statement of case

1. Enter your

full name, or

name of

solicitor

2. State clearly

what order you

are seeking and

if possible

attach a draft

3. Briefly set

out why you

are seeking the

order. Include

the material

facts on which

you rely,

identifying

any rule or

statutory

provision

Address to which documents about this claim should be sent (including reference if appropriate)(4)

if applicable

fax no.

DX no.

Postcode e-mail

4. If you are

not already a

party to the

proceedings,

you must

provide an

address for

service of

documents

Signed Position or

office held

(Applicant)(’s Solicitor)(’s litigation friend)

Date

(if signing on

behalf of firm or company)

evidence in Part C in support of my application

Tel. no.

Printed on behalf of The Court Service

1. How do you wish to have your application dealt with

a) at a hearing?

b) at a telephone conference?

c) without a hearing? x

} complete all questions below

complete Qs 5 and 6 below

2. Give a time estimate for the hearing/conference

(hours) (mins)

 

3. Is this agreed by all parties? Yes No

 

4. Give dates of any trial period or fixed trial date

 

5. Level of judge district

 

6. Parties to be served defendant

xxXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXX

XXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXX

11/09/2007

4

DISTRICT

DEFENDANT

XXXXXXXXXX

REMOVES THE ORDER OF A STAY IMPOSED ON THE ABOVE REFERENCED CLAIM

THE CLAIMANT OBJECTS TO THE STAY ON THE GROUNDS SET OUT IN PART C OF THIS APPLICATION

4

4

N/A

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXXXX

Click here to clear all fields

Part C

I (We) wish to rely on the following evidence in support of this application:

Signed Position or

office held

(Applicant)(’s Solicitor)(’s litigation friend)

Date

(if signing on behalf

of firm or company)

Statement of Truth

*(I believe) *(The applicant believes) that the facts stated in Part C are true

Claim No.

*delete as appropriate

[abroadgirl]

i have just been through what ive posted hope its not too difficult for u but guess u will get the gest of it all etc

was i right to put without a hearing?

i have the social security acts 1 & 2

and letters to go with this

what wlse do i send or have to send that i have got already?

do i send the charges again? the courts already have these

do i now add more intrest on it owr wait till the date thanku for all ur help

letters are some of them i have posted here in this threads hugs

abg?

[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

[chrisking1962]

Hi ABG,

thanks for ticking the scales, just wish I could help more. email to Inga whats her face looks good, but the reply sucks.

I would now just go back to the courts and seek settlement through them and argue the case.

Just remember to let the courts know that you have lowered your initial amount to try to resolve the matter in a speedy manner and Abbey have not even attempted to come to an agreement, but instead used the 'Ongoing?Test Case'. Let the court understand that the Abbey are stating 'Ongoing' when it has not officially started yet.

Good Luck ABG and I'll be there with you (in mind)

 

PS too much detail at the front of your email, keep it private if you can.

 

Oh KKKKKKERRRRRRRCCCHHINNG £1.26 mr BM ta very much!

 

stay fresh peeps.

 

regards

chris xx

[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:

[chrisking1962]

Hi ABG,

 

thats a lot to take in and I'm way behind you as mine has'nt even got to court yet (ABBEY & Yorkshire only), lack of funds at moment, but I would guess this is a standard scare tactics defence in the hope you buckle under and stop the claim, you still have to remember they were advised by the court to come to an agreement regarding the settlement and although you have said you have lowered your initial claim to £6500 what did you lower it from?

If it is a couple of grand less than your initial claim, remind ABBEY that your claim was for £xxxxx and to come to a swift end to the claim you have graciously reduced your claim after a lot of heartache to £6500 as it stands now and that you are still willing to accept this under the advice from the courts, otherwise you have every right to put in your full claim plus further interest you have since lost out!! since the ABBEY have deliberatley ignored the courts directions set out in July 2007.

I really don't know what else you can do but go back to the courts and tell them of your despair at the answers ABBEY are not giving you!

I am always here for you if you need me, and wish you every success as you deserve it all and more

 

Best of luck and keep it going, just remember stay relaxed and it will all come to you, and remember SPEND IT WELL!

 

Mr Bank Manager/Owner hmm guess what comes next, yep you guessed it KKKKKKKKKERRRRRRRRRRRCCCCHHHINNNNNNNNNNNNGGGGGGGGG £1.26 extra interest again cheers

 

Stay fresh peeps

 

regards

chris xxxx

[kia]

i think chris is right love u need to communicate with the courts on this now cos the abbey is showing every intention of trying to stay this case what u need to do love i know this is diffucult but could u try and put questions in some sort of order cos like chris says its a lot to try and answer first question all it means about the abbey are agreeing to it being heard in the small claims court and next one is about has the judge advised about solicitors i think love all the rest of the letter from the abbey is goommff thats the technical term for it to stop u claiming it cos its just them trying again to justify there charges which they cant i would definalty bring it to the courts attention that theyve dragged there heels on this case from the start cos this is nearly a year now and well i dont any judge in his right mind would let them have a stay after all the rubbish theyve put u through.yep persue this through court now i wouldnt bother with them now cos theyve made it pretty obvious they aint playing ball hope this helps roxie keep fighting love xxkia

[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

[kia]

ok love give me abit of time ill work on it and email it u ok love xxxkia

[kia]

right all done love hope it helps im not the best letter writer ;)let me know if ok love xxkia

[kia]

well abg did u use it love wondered cos im no good at letters really so hope it was good enough love let me know :Dxxkia

[chrisking1962]

Hi ABG,

any news?

KKKKKKKKKKKKERRRRRRRRRRRRRRCHINNNNNGGG £1.26 interset again!

 

stay fresh peeps

 

regards

chris xx

[kia]

hiya chris abg might be off for a little bit cos shes having problems with her broadband and shes getting a new number but its gonna take maybe a week to sort so dont worry if u hear anything cos shes ok just frustrated she cant get online she emailed me this morning ok xxxkia ps ill pass on any more messages