Test Case - Aaaahhhh!

[TJ.Daws]

Hi all

 

Thought I'd open this thread as somewhere for us all to vent in one place. Sooo ticked off this morning it is not to be beleived. As stalling tactics go this one is a beaut! Surely if this does not go in there favour they are set to lose billions rather than millions. I had my allocation hearing on the 17th July and had truly thought this would be coming to an end as the Judge made it clear that he did not want to see it before court again! Gutted!!!! I know that I should be celebrating that this will finally resolve the theiving toerags that are the banking institutions one way or another but actually I am just sick to the stomach....AAAAAAAAHHHHHHHHHH!

 

Come on peeps I definitely need some soothing words and encouragement today.

 

Boo-hoo x

[marmite-girl]

I'm booing with you TJ - gutted.. to say the least!

My court date is 10th August.. deadline for bundles etc.. is TODAY 4pm!!!

Not really sure where that leaves me.. other than sobbing in my imaginary pint!!

[srfrench]

You carry on as normal

 

Unless advised by your Court for you have already lodged your claims and are significantlty more advanced a stage than the action being filed today.

 

Chill.

[TJ.Daws]

I know - had my half an hour of acting like a deranged woman (pulling hair foaming at mouth etc) Still...not a happy bunny!!

[marmite-girl]

I suppose anything could happen at this stage - might even be down to each individual judge.. if abbey dont submit a bundle or request a stay today then do i go ahead and ask for judgement??

the judge man could just turn round then and say 'hold yer horses love, lets see what happens with the test case!'

AARRRRRRGGGGGGGGGHHHHHHHHHH

deep breaths!!!

[reka]

When is the test case being heard?

 

BBC News 24 said the case is being heard THIS MORNING!!

 

Surely not? I expected them to have a few months to prepare?

[marmite-girl]

evidentally it starts today.. and I heard one snooty woman on teh BBC say it could take a YEAR!!!!

[TJ.Daws]

Sneaky bunch don't ya think?! How on earth is it possible that it is just presented to us as a done deal with regards to a test case. I have to admit I don't really understand what is due to happen surely there has to be representation of both sides before a case can begin or is this battle between the OFT and the banks and our fate lies in the hands of the outcome??

[TJ.Daws]

Plus if it is as REKA said and they are starting this morning they must have been preparing for ageeees. Amazing how they can't keep hold of a persons schedule of charges or send out copy statement for months and yet they are able to be ready for a test case!!! What a bag of poo!!

[jules1973]

I agree, its like we think we are winning and they pull something out of the bag. i sincerely, hope that judges carry on with peoples claims that are in the system. i mean, what now happens to the people that had a 28 day stay last week, has anyone rung the court to see if that 28 day still applies.

 

I hate banks:mad:

[TJ.Daws]

Hi all

 

I have just spoke to Southend where my allocation hearing took place on the 17th. Apparently the Judge is considering all the cases again!!!! We should hear in due sourse. So it looks as though even if the case is in the pipeline it may still be stopped in its tracks. It is up to the Judge so it may be a different story for others. Gonna post this in the Southend thread as well as I am sure there will be some other ticked off people.

[jules1973]

What a bummer, especially as you all thought you only had to wait 28 days and then the money would of been in your hands, I will be following the Southend Judge closely as my claim has recently been transferred to him for directions.

[welsh_nick]

Hi all.

Anyone know whether its still worth carrying on with the claims??

I'm at the filing at court stage (n1 forms etc), after giving 2 weeks since the lba letter was sent out. Was gutted last night after reading the threads about the Test Case.. but would still like to try and get my dosh back, so whats the general feeling, carry on or not??

Cheers,

Nick.

[GuidoT]

Business as usual in the main:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/107584-oft-test-case-what.html

[jules1973]

Carry on, just remember it is your money and they had no right to take it out of your account. They readily admit that our going OD are breaches of contract and therefore their "Fees" are penalty charges and are illegal.

 

Even the taxman cant just take money out of your account so why should they.

 

Stick with it.

[welsh_nick]

I guess all the banks can do, if and when it comes to the court stage is request a 'stay' til the test case is over?? Another delay for them to use.

But it will still mean that we are in the system if we carry on with the claims, and could still proceed then...

Nothing to lose all the charges money to gain.

[jules1973]

exactly,

 

The only annoying thing is the long wait. Abbey have dragged out peoples claims enough with out all this.

[salesman]

I spoke to my Court today and they told me that I carry on. "Wheels are in motion" they said, I asked if HMCS had had any meeting regarding the test case and what it meant to other litigants, he replied "they might well of done but we wouldnt hear about it till xmas"!!!!!! Seven days before they have to defend after they Notified thier intention to defend so I guess I'll know more then.

[TJ.Daws]

Hi all

This is the response fresh off the press from Ashursts today. Thought it may clear up any queries for thoses of us still holding out for a settlement.

Bugger!!!!

Dear Mrs Dawson

Thank you for your email. Due to the test case that commenced today, Abbey will be seeking a global stay of all bank charge claims currently proceeding in all county courts. We are therefore instructed to make no further settlement offers pending the outcome of the test case.

You will receive a letter shortly from Abbey explaining in more detail the implications of the test case for your claim. In the meantime further information can be found on Abbey's website; www.abbey.com.

Kind regards

Clare

[ICY]

Great, just what i wanted to hear

 

However just because they are going to apply for a stay pending the result, this doesnt mean that the judge will allow the stay, what we need to concentrating on now is a valid arguement for the judge, setting out the points of why the claim shouldnt be stayed indeffinatly

[reka]

Hmmm, so its going to take longer to get your pennies back, having said that lets try and be optimistic...... if it takes another 9 months to get your charges back, just think of all that extra interest you will acrue!!

 

:grin: Reka

[ICY]

At least it means we know wont be wasting our time trying to get them to settle, as there is absolutly no point in doing so, so we are more likely to get all of what we are entitled to.

[deadlykiss]

hmm seems everyone getting different messages , im sticking to what court says carry on until i hear otherwise my N1 was in on tues so im gonna sit back and see what happens but still peeved that we had no warning of this ,, seems a bit unfair

[Ladidi]

Well having read all of the info on here and on the BBC website about this test case. Quite right you are Reka about us getting more money that is acrued in interest, but I cant help feeling hard done to considering I have been trying claim back my pennies since Last August when I first applied for my statements which took the Abbey from then till February of this year to send. And then playing by the rules and giving them the time set out by the FSA so that when I got to court if I ever got that far the judge would see I had played very fair and been more than patient. Only now..Just when I filed and they decide they are going to DEFEND and then get an offer of a paltry £4k considering my claim is £5.5k they pull the rug completely out from under you and suddenly decide out of no where to do a test case and have a hearing this morning!

 

I hate BANKS and I hate their damn time wasting...They never did this when they took my money and now they are allowed to do this because I want back what is MINE!!!!!!!!

 

 

IDIOTS - A*SHOLES - MANY MORE NAMES TOO - GRRRRRRRRRR

 

Ladidi

[ICY]

To be fair i dont think it will change much, apart from there MAY be a POSSIBLE delay, however this would ultimatly work in our favour too, as you are accruing further interest, and if it means we cant go on our honeymoon till next year then we will just have to do that, its not going to be the end of the world, we really dont know if it will delay our claims yet so dont panic.