Claims transferred to Southend...

[ICY]

I would say keep at them as you were doing, there is plenty of point, i will be filing a few N1s next week, and issuing a few more LBAs, this wont stop me, and i hope it wont stop others, until we know exactly whats happening continue as normal

[jules1973]

Sorry guys but this is a post from TJ Daws

 

"

Hi all

Just spoke to Southend court and according to the guy I just spoke to they have deciede as of about half an hour ago to hold off until the outcome of the test case. He did say that it may change again (last week they were reviewing on a case by case basis) but as of today things at Southend have ground to a halt"

Not what we all wanted to hear.

[TJ.Daws]

Yep Jules

 

Sorry to be the bearer of bad news...it sucks huh! We just have to hang in there:(

[jules1973]

I guess its the not knowing of how long teh test case is going to last that is the most frustrating part.

 

someone I know has received their defence today but without the 65% offer, looks like Abbey have put a halt to that as well now.

[Glenn UK]

I guess its the not knowing of how long teh test case is going to last that is the most frustrating part.

 

someone I know has received their defence today but without the 65% offer, looks like Abbey have put a halt to that as well now.

 

FWIW

 

I have two claims against abbey and have never received an offer on either, the 1st was concluded after it was listed for trial, the second has just past allocation stage.

 

The court will hold until somone convinces them otherwise.

 

Dont stop trying send them a letter asking for the stay to be lifted and think of some good reasons why that should be so.

 

JMHO

 

Glenn

[bobbybingo]

i too was at southend on 17.07.07....... its sooooo depressing. i'm guessing no one has received any money from abbey as a result of their meeting with judge dudley? is there nothing we can do but wait?

[jules1973]

Hopefully if we can all come together and draft a letter objecting to the stay, then the judge may actually listen and let our cases proceed.

[spurs1]

Hopefully if we can all come together and draft a letter objecting to the stay, then the judge may actually listen and let our cases proceed.

 

Good idea I think we should try something.Just as I was beginning to warm up my acceptance letter of their settlement of my claim in full we get a test case which could go on forever. Whatever it takes, I'm getting my money back! Dont lose heart folks.

[bobbybingo]

thanx jules, good idea...we must be pro-active and not give up....

[jules1973]

Has anyone actually had an official letter from Southend Court to say that Judge Dudley has stayed their claim. if so, can you post it up so everyone can see it.

 

Thanks

 

having read quite a few diff threads today, seems lots of the judges from different courts are talking amongst themeselves and they are not staying the cases, if the banks want a stay they have to put up a good arguement, why cant Judge Dudley see what other courts are doing before he makes a final decision on staying all current claims.

[gingerninja]

Jules, I received a letter from the court stating by order of the Judge (district Judge Dudley) My case is stayed until 13th September 2007

[rsspence]

Question for all those peple who attended on the 17th July. As far as I am concerned the judge instructed Abbey to pay up within 28 days, or they will be in court, did I not hear this correctly or were others told the same.

If this is the case can the Judge simply change his mind on a decision he has made.

 

It would be nice to have some paperwork from the courts.

[TJ.Daws]

Hi

 

My understanding was pretty much the same as you. If you look back at my post earlier in this thread (back when it looked like I was going to get a cheque in the near future!!!!) but the only difference was that if Abbey hadn't settled in 28 days it owuld appear back in the Judges lists and he would then notify what would happen next with regard to going to court. I haven't had an official letter yet from the courts but for the time being I've accepted its back to the waiting gamw. Although I have signed the E Petition and will continue to do anything to get this settled I'm just going to try and chill (despite wanted to scream at the top of my lungs from a very tall buildling that banks are a bunch of ****ing *ankers!!!)

 

See ya x

[newbody]

like most from 17th would have expected to hear something but as havent awaiting the 28 days to run out and hope dudley sends it to trial and not a stay

also dunno if anyone else got it but looks like abbey are changing terms and conditions got some in post this morning not read properly but looks like a different charging tarrif

[rosemarymadder]

Hi All,

I was in Southend on the 17th and my understanding was that Judge Dudley made a decision that Abbey had 28 days to settle or the case would appear back as a final hearing. Also I was under the impression that once a judge made a decision he/she was supposed to stick to that...and unless Abbey have been told something different I would hope they still think they have 28 days...

On a brighter note, a friend of mine who was at LBA stage received a partial refund of 1,000+ today from Abbey, so it looks like they are still going through the motions.

[Glenn UK]

Generally the when the court makes an order for something to be done, they issue it in writing confrimgn exaclty what is to be done.

 

I expected somehting from the the courts setting this out and if others have not had it then they need to ring up and ask whats happening.

 

Re can the court change its mind, in reality they can do what they like, the CPR rules governging court procedures and practices effectively gies them that power.

 

Re banding together to send a standard letter, I am not certain thats the best approach.

 

It would be better for everyone to send their own letter based on the facts imho.

 

I know he wasnt particualry impressed with stuff he thought had effectively been plagiarised from this site and others re the UTCCR i trieed to present.

 

Seems to me that one hudred letters written by claimants in their own words but pressing the salient facts would have more effect than 100 standard letters signed with little effort or thought on the part of the claimant.

 

JMHO

 

Glenn

[jules1973]

Glenn

I don’t think people would of used the letter as a template per se, they would of adapted it to their needs so Judge Dudley wasn’t reading the same stuff over and over again.

Also, some people are either not very good letter writers or know where to start, or are worried about writing the wrong thing or not putting all the facts in. (me included).

Sometimes, people just need pointing in the right direction then the words will just start flowing. Just a suggestion then, maybe we could all write our own individual letters objecting to the stay on our claims, but if someone with knowledge of the court system/law could list salient points that we would need to include in our letter, then people can research and elaborate on them, making hundreds of individual letters but all driving home the same vital facts. (one voice multiplied).

Thanks though for all your advice, as you have been through this before, its something we can all take on board.

Julie

[Glenn UK]

Julie

 

People will do as they wish of course, I have a pretty strong feeling that most people take the letters, add their own details and sign it.

 

I guess if my suspicion is right then its better than nowt, but it may have more impact of people can write their own.

 

I do realise that many of us find it difficult and challenging to write these letters.

 

For those that feel intimidated by writing such letters, a thought worth bearing in mind is that we are not solicitors and should not try to write like one (most of the letters i receive from solicitors re bank charge claims are poorly written and contain legal inaccuracies anyway so best not copy their style eh?).

 

If you write any letters to the court in simple English setting out the facts as you see them as to why any stay should be lifted it will likely have more impact than anything else.

 

Don't be frightened simple English is the easiest way to deliver any information or make requests that the court do something, they are not interested in legalese for the sake of it as far as i can tell.

 

HTH

 

Glenn

[jules1973]

I know what you mean, Abbey couldnt even be bothered to change one persons defence from HIM to Her, how insulting.

 

as a start try looking at teh following thread for some inspiration. but as Glenn rightly said lets try and adapt it as if we wrote it, adding anything else we feel appropriate.

 

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

[bonking]

hi all.

i was also at court on 17th.

I'm gonna wait for the 28 days to pass,(14 aug?),then I'll ring the courts and find out what the 'eck is going on, always thought abbey would drag it out,never thought the judge would.wish oft would say pay up,judges would know what to do etc started this in jan,so patience appears to be a virtue!

[jules1973]

stonedecroze has just replied to a thread you have subscribed to entitled - OFT v Banks - **Don't panic!!!** - in the General forum of The Consumer Forums.

 

This thread is located at:

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

 

Here is the message that has just been posted:

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

Phoned court this morning and was told Halifax acknowledged my N1, but case stayed. Whent down to to see them, but nothing that I can do untill I hear officialy from Court. Then will apply so have it set aside. Nice ladies there said good chance of that, depending on Judge. So don`t give up everyone, keep on going, chipping away at them. they will collapse eventualy (END QUOTE)

 

 

 

there is also a good letter on this thread which people could adapt to send to their MP. This is a good thread to keep an eye on.

[jules1973]

has anyone had an official letter yet from Judge Dudley staying their claim? If no-one has, maybe just maybe he has changed his mind about staying the cases and will carry on. (Fingers crossed), as there does seem to be an awful lot of courts that are carrying on as if nothing has happened.

 

Has anyone rung the court to see what is happening?

[jules1973]

Just read something on moneysaving website

 

This Quote was dated 25th July 2007"

]Hi, I was at Southend County COurt this morning as one of the claimants and it transpires that Barclays are intending to defend the case, and as such the sitting judge fast tracked all the cases today and they will be heard collectively. This does mean that because the cases are being fast tracked and not being dealt with under the small claims process, then fees could be payable if the judgement is fund in favout of the defandant

According to the judge there are about 50 cases which are being bundled together, not just today claimants cases of which there were 6 claimants against Barclays

 

 

If you were one of the claimants today, or your case has been fast tracked and to be heard by Judge Dedman on 4th Decemeber at 10:30"

To which someone replied with

 

QUOTE

"This explains an earlier discussion it would seem that the banks are not getting there way with the Courts and what the District Judge this morning is allocate all today's matters to the Fast Track and listed them for hearing before the Circuit Judge (HHJ Dedman) on 4 December 2007. What is not clear because of what the court staff have told other posters on this thread is whether all the other bank ]charges cases which were not listed today at Southend have been stayed pending the 4 December hearing. Which would seem to be the implication of the reference to 50 cases. Or if they have been stayed pending the high court case" (END QUOTE)

Does anyone know anything more about this

[kia]

jules does anyone ever answer u on here it seems not dont know answer bu thought id be polite and answer it and ill bump it for u ok xxkia

[jules1973]

Cheers Kia,

 

It seems that since the OFT announcement this thread has gone quiet.