My Story - Simon -V- The (SH)Abbey ***WON***

[abroadgirl]

going throu my stuff and i came across this

 

 

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

[kia]

hiya si sweetie keep hanging in there itll work out sure of it cant u chase them up on DLA worth phoning maybe and what a joke abbey are arent they what gets me is they keep charging me even now but i cant get it back for maybe a year or more its laughable sypmathise ABG love but just gotta grin and bear it havent we :Dhows the jumper coming on what youve not even cast on yet get them there knitting needles out love jumpers need a knitting ;)see you both soon im sure Queen t will pop in to leave a little something ;)xxxkia ps your welcome si;)

[abroadgirl]

update

 

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

hugs abg

[kia]

yep saw that love on another site whooppss:Dxxxkia

[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")

[Simon7685]

Hi All

 

Isn't there an official form for applying for a removal of stay abg? I put a similar letter in to the court as a cover letter to the judge but it didn't cut any ice........

 

Hope you have better luck.......you deserve it;) .......!

[abroadgirl]

hiya simon

pop in my thread and have a look

abroadgirlvabbey

hugs

abg

[kia]

hiya simon i think ABG is running against a brick wall called the abbey :mad:see ya soon si xxxkia

[Simon7685]

I think we are all running against a brick wall, hopefully though with enough weight on it.......it might just fall down, if not we just keep hitting it with a big hammer until it does

Simon:)

[kia]

so how come it feels like were hitting it with a feather then si :oill have to get down that diy shop xxxkia

[pinkbabez]

hi Simon, who is your judge? mine is district judge hall, he agreed to lift my stay and has given me a court date in november

[kia]

did he pink thats worth knowing ABG did u clock that love :Dmight be good news that xxxkia

[jansus]

Hi Simon

 

just found your thread

 

CRFX is trying to put pressure on the FSA about the waiver and especially let them know about Genuine hardship cases that the banks have not filtered through. Well if yours is not a genuine case I dont know what is!

 

Some of the links may be of interest below especially the A&L one at the bottom- and maybe you could pm crfx250 with your details? He has a thread in the general section

 

Best wishes to you and your family.jan:)

 

It was part of the agreement between the FSA/OFT and the banks that although current claims would be "stayed" that "hardship " cases would be filtered through.

 

If you feel that SINCE THE WAIVER you have

1) appealed against a stay on this basis and been refused

 

(Just to clarify, the courts have a right to stay any case but banks should

not apply for a stay in cases of hardship.)

 

2) contacted your bank and asked to be considered on this basis and been refused

3) had been offered a settlement which has now been retracted

 

Then if you would be willing to either pm me or post details here I am trying to help crfx collect data to send to the FSA.

 

Here is a link to the proceedure the banks were supposed to adhere to

 

http://www.fsa.gov.uk/pages/Doing/Re...ction_disp.pdf

 

And also an extract from the website announcement.

• Consumers who have received a final response from the bank/building society which does not include an offer
  Consumers still have the option of complaining to FOS. However, the banks and building societies have also requested that the FOS does not consider any complaints about unauthorised overdraft charges until resolution of the test case.
  
• Consumers who are in very difficult financial circumstances - 'hardship cases'
  Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS.

__________________

 

This is also a useful thread to read Success at A and L via hardship case route

 

 

 

thanks

 

Jan

[kia]

think hell find it invaluable thanks xxkia

[Simon7685]

Thanks for al this info janus, pinkbabez I've just posted on your thread.

 

When I complied with the last directions, which basically was the bundle, I wrote to the judge, explaining not only my financial position but also my health status and asked for the case to proceed due to financial hardship. He just stayed it anyway. I am now wondering if I should get the appropriate form and request it being lifted again, maybe worth a go!

 

I will look at all the info janus and thanks again for your support.

 

Simon:)

[Simon7685]

UPDATE!

 

I kniw this thread is about my bank charges but I thought some of you who have been following my thread from the start may be interested to know, my 2nd application for DLA has been refused:(

 

I found out last Thursday and to be honest it knocked me for six, I really thought I may get something this time.........

 

They said it was to do with the GP report...........my doctor was away when they wrote, so it was completed by a GP who doesn't know me, can't quite work out how that can be right mind.

 

Anyhow I saw my doc today and she is writing me a letter to explain my problems and support me 100%..........she was furious when I told her, so maybe that will help. My neighbour who loans me his scooter so I can get into town sometimes, is also writing me a supporting letter, they have given me 28 days to get new information to them and the reconsideration will take 8 to 12 weeks...........it's worse than waiting for a court date!

 

Also I was tols today by my doc, that the problems I have been having with my heart, is due to Heart Failure, the hospital have told her, so at least I know whats what now. I am sure it is a result of the esbl e-coli but they keep saying not.

 

So with that information to boot, maybe the DLA will actualy give me something now, not that I will hold my breath. Incidentally it took them 5 months to turn this application down.

 

Hope everyone is ok?

 

Simon:)

[jansus]

Reference post 340 - I am not an expert but I think the interesting development in the A&L case is that the FOS are willing to take on cases to assist when a court case has already started. Which I dont think they did before - and the comments made by CRFX to me was that the banks should not be even taking cases like yours to court at all. So maybe going back to court is not the best route. CRFX would like to use evidence such as this to force FSA to lift waiver - see his thread judical review.

 

will post again later

 

Jan

[jansus]

Hi simon again

 

I see on another thread here that a stay has been lifted - which means they may get some sort of hearing?That will be interesting.

 

As I said I am not an expert as my case was settled a long time ago - but it may be worth as Zootscoot said doing a letter to the FOS with a copy to the bank stating how they are abusing the agreement.

 

I know you have loads of more important things on your mind but if you read the thread by crx250 and you agree with what he is trying to do could you send a pm with a very breif summary of your details so he can send as an example to FSA?

Or if you do a letter to FOS a copy of that ?

 

I will really understand if you dont want to - entirely understandable - no pressure at all.

 

I am sure the poster on the A&L thread might offer you some info on how they got their money back if it helps.

 

I will be watching your thread anyway

 

Best of luck with everything

 

 

 

Jan

[jansus]

Hi simon - dont know whether you got a chance to read the A&L link ( annoyed from caerphilly) but the thread has been updated and it makes interesting reading

 

Jan

[Simon7685]

Hi Jan and everyone

 

Just nipped on to say I will be following this up asap. I have a few questions to ask as well re Abbey but am really ill at the minute, I can't even support myself when standing. Will be on again to let you know how I am tomorrow.......it's all a bit of a buggar! this bloody illness!

Simon:cry:

[Simon7685]

Hi Jan and all

 

Another day and a whole lot better......amazing, how quickly health can turn around!!!!!

[Simon7685]

About my account with Abbey.

 

They have cancelled my cards and cheque book, asking for them to be returned 6 times now! My account is in the hands of debt management and I can't access telephone or online banking. They have however sent my latest statement saying I am nearly £4k od and they are adding another £75 on 22 October in charges.

 

My initial claim which is stayed is for just under £3k and I need to start another one for around £1500. If the account is no longer operative and assuming I can get the stay lifted, can I request that the money is paid to me by cheque as oppose to being taken to repay the debt???

 

I know the debt is mine and needs to be paid but I want to make them wait for the money as they have done to me. If anyone can advise me on this, it would be great.

 

Simon:)

 

PS. Just received the doctors report submitted to DLA, how they can refuse from what is in it I do not know! Oh well onto appeal I suppose.

[jansus]

Hardship and FOS

 

Hi simon - I am no expert I am afraid I am only really trying to help where I can

 

The thread that zootscoot posted above I think is advocating a double pronged attack in other words - even if you have a case going through it is worth going back to your bank at this stage rather than relying on the courts - Do you have a certain amount of time to appeal against the stay?

 

I think there have been very few cases that have been lifted on hardship cases - and in your case you have to consider the cost as well - but on the other hand the courts although granting the stays have frozen future charges pending the outcome of the case which I assume would help you a lot.

 

I will post in a minute a link to a suggested letter that I have asked the mods to look at ( not my own work but adapted from the A&L sucess case)

 

I think that you are right there is a lot of conflicting information at the moment and some guidance would be useful.

Sorry if I double post any links - but I have been posting a lot and I forget sometimes where I have posted what.

 

An idea - any comments from mods?

court stay lifted, new court date - must file a skeleton argument

 

 

 

 

Jan

[jailbird]

Hi Simon

 

Have just read your thread and am really sorry but to a certain extent know where you are.

 

Firstly, now you are on IS you should not have to pay for court costs Form E160.

 

Secondly, get your MP involved in your DLA Claim. Ask him to attend the hosue and tyhen he can see firsat hand how poorly you are and also your wife and small child, who will also need help. I did this after getting knocked back twice and ended up getting DLA and money backdated. If your MP writes to them they HAVE to answer him/her within 5 working days with an answer so your case will go to the top of the list never mind the 5 month crap! Also if you are diagnosed with 'c' word again you should go to the top of list.

 

I know it seems hard but keep going mate. Hope some of the above is of some use and if I can do anything at all to help you just PM me.

 

Hugs

 

Chris (f)

[kia]

Hi Jan and all

 

Another day and a whole lot better......amazing, how quickly health can turn around!!!!!

:grin::grin:good news si xxkia