Buby_x v Abbey

[Buby x]

Hi. I received a letter from Southend to say that my court allocation hearing is in September. I, this morning, have received another letter saying that my case has been stayed untill the outcome of the high court hearing about charges. What is this high court hearing they are talking about...Am a little confused.

Buby x

[passivenomore]

Hi Buby...

 

Hi. I received a letter from Southend to say that my court allocation hearing is in September.Good.

 

I, this morning, have received another letter saying that my case has been stayed untill the outcome of the high court hearing about charges. Who sent this letter? If it was the bank/solicitors, it's not up to them if a stay is granted. If it's the court, the stay can be challenged.

 

What is this high court hearing they are talking about...Am a little confused. The court hearing referred to, is the test case brought by the OFT. See link:

http://www.consumeractiongroup.co.uk/forum/general/108091-oft-banks-dont-panic.html

 

Buby x

 

Ps... where have you been??? This has been BIG news!!!

[Buby x]

Thanks for your reply...Have not been around for 7 weeks, hence only just resuming my bank charge claim.

The letter about the stay was sent to me by southend court, does this mean I will still have to attend in september.

How long before the high court hearing or is that still in the early stages.

buby x

[Buby x]

Please help.. i've received a stay on my case. The allocation hearing has been stayed pending the test case. Does this mean I don't have to attend court on this day

Thanks Buby x

[Buby x]

Please can someone help as to my last post

Thanks Buby x

[ohoh4312]

Hi Buby

 

Does it say on the letter that the hearing on xx/xx/xxxx has been "vacated?" If so then no, you do not have to attend.

 

If you are still unsure, post up the contents of the letter here, then someone can advise you further.

 

Best regards

 

Jo xx

[Buby x]

The form that was sent reads as follows.....

 

Upon proceedings having been issued in the High Court to determine the lagality or otherwise of Bank Charges;

 

Before District Judge Dudley sitting at Southend County Court at Tylers House.

And upon it appearing to the court that this claim will be affected by the outcome of those proceedings;

IT IS ORDERED THAT

1. This claim be stayeduntil determination of the high court proceedings.

2. liberty to either party to apply on notice under CPR 23 to lift the stay.

3. The hearing of any application to lift the stay be reserved to district Judge Dudley

 

This order was made of the courts own initative pursuant to CPR Part 3.3(4). You may apply to set aside, vary or stay the order but such application must be made within 7 days of receivng it. ( I received it on about 10th August).

 

 

 

There is also a letter attached from the court saying as follows...

 

You will find attached an order from the court in relation to your case.

 

All cases have been stayed( all proceedings halted until the test case is determined)

 

If you need to get in touch do so in writing blah blah.

 

Thanks for your help.

Buby x

[ohoh4312]

Hi Buby

 

OH I replied earlier, but it is not here? My fault I guess.

 

Anyway, my interpretation is that you do not have to attend, because the Court have issued the Stay.

 

I would ring the Court tomorrow to confirm that the Hearing has been stayed, and also contact a Mod/SiteHelper re an apllication against the stay, as you are now outside the time limit set by the Court.

 

Sorry I can't be of more help.

 

Best regards

 

Jo xx

[Buby x]

Hi. Thanks for your help. I don't like to pm a mod helper as I'm sure they are very busy. So wondered if one of them would pick this post up!!!!!!!1. I am now outside my time for putting in an application against the stay. Wondered if there was anything I could do as I don't want to have to wait till 2008 to get my money owing.

Buby x

[Buby x]

please could someone advise on my last two posts. i know your all very busy. So thanks any way

Buby x

[passivenomore]

Hi Buby...

 

Personally, although out of the time limit, I see no reason why you shouldn't request a removal of the stay. You have absolutely nothing to lose by doing so. I and many others are in exactly the same boat!!

 

try these links for info and templates:

 

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

If nothing else, this will give you post a little "bump"!!!

[Buby x]

Hello to all.

I had my claim stayed back on 31st july 2007 and also my Barclays claim stayed on the same date. I never tried to get the stay lifted but now with christmas looming up I could really do witht he money or even know I'll get it soon after. I am severly struggling financially. I am not on any benifits but my credit cards are on there lilmits . am I able to apply to get the stays lifted at this late stage.

Has there been any news on the pending case with the oft.

Buby

[Lula]

Hi there, I am afraid that you probably wouldnt be able to get the stay lifted now before the test case, alot of hardship cases havnt even been allowed to have the stay lifted so I am afraid that you might well be wasting your time trying.

[Buby x]

Please can anyone inform me when the test case will be going ahead...have been trying to claim since feb 07.

[Michael Browne]

Please can anyone inform me when the test case will be going ahead...have been trying to claim since feb 07.

It's now due to start on 16th January 2008

[Buby x]

Hi All and Happy New Year.

 

As I await the test case the lovely Abbey have given me a little new year pressie.......Yes more charges...... How can they still be allowed to give us charges when we are not allowed to claim them back until after the test case. This is surely not fair. is there anything I can do as I just don't have the money to pay these charges.

Buby X

[Buby x]

could someone please help. I know you are all busy. Please read previous post. Thanks

[Lula]

Well have you rang them to see if they will reverse them? if they wont, there isnt alot more you can do about it apart from wait a while and perhaps file an N244 at the court and add on these charges.

 

Im sorry, cant be more help. Unless you open a new account and have everything put through the new account and put the old account into dispute

[Buby x]

Hi. Does anyone have a link for an OFT update. There doesn't seem to be any coverage of it in the press.

Buby x

[Michael Browne]

Daily reports of the OFT case by Bankwhacker on Penalty Charges:

TEST CASE NEWS - Penalty Charges Forum.

 

Court adjourned today, starts again Mon 4th Feb

[Buby x]

Can anyone tell me what is going on with the test case. i understand that the banks are going to appeal. My claim has been stayed at my court so is it just a waiting game now... If the banks don't have to repay our charges because all the claims are stayed then how come they are still allowed to charge us for going overdrawn. surely they shouldn't be allowed. Whats good for us should be good for them.

Buby x

[sea-sidelady]

I think we all agree with you Buby. For all the latest you should have a read of this thread.

 

http://www.consumeractiongroup.co.uk/forum/oft-test-case-updates/139905-oft-banks-round-one-49.html

[Buby x]

Hi....My claim, like every one elses, was pout on hold till after the test case. Then the banks lost and appealled so how long do we have to wait till we can get our money back It seems a little unfair that the reclaim process has been put on hold but the banks are still allowed to charge us if we go overdrawn.

Can anyone give me an up date as to whats happeneing

buby x

[TUTTSI]

Hi Buby

 

The only way the stayed claims with Abbey are being paid 65% of claim is if you can show that you are in financial hardship as defined by the FSA waiver. In order to do this you must first complete and income and expenses statement, provide all the evidence that support your claim and write a nice letter.

 

If you believe you come under the present FSA waiver guidlines you could stand a good chance of getting an interim payment.

 

Regards

 

Tuttsi xx

[Buby x]

OMG I have just received a call from Mr Ronan Coyle regarding my hardship claim.. They have just agreed to pay me 65% without predudice claim Totalling £1091.81. I cannot believe it. He said the money should be in my account by next monday. Lets see!!!!!!

He really has been a nice guy through all this I can't believe ha actually works for abbey.

Buby x

I really connot believe this is happening to me. I feel like I've won the lottery.

Donation to CAG on its way when the money clears!!!!!!!