Letter from Abbey re: OFT case

[Destinyofsouls]

If your claim has not already been stayed the we will have written or will be writing to seek a stay. As a result, your case is likely to be put on hold until the outcome of the test case.

 

WHAT???

I thought is was the courts that decided that. I think this letter is out of order!!

[dizzy delilah]

Maybe they're trying to pull a sneaky one - sounds like an attempt to put people off of claiming to me.

[spring6]

I had the same letter today - what stage are you at?

[pinkbabez]

YEAH ME TOO,

I HAD ABBEYS DEFENCE LAST WEEK AND SPOKE TO MY LOCAL COURT WHO SAID THEY HAVE SENT INSTRUCTIONS FOR ME.

WHEN I ASKED ABOUT THE STAYS SHE SAID MOST ARE LIKELY TO BE STAYED BUT THE JUDGE IS LOOKING AT THE CASES INDIVIDUALLY

[KnellyK]

I had the same letter yesterday too!

 

I think it's a ploy to get people to accept what's been offered incase Abbey end up losing the test case and they end up having to pay everybody everything back! (The letter says if you accept the offer then you're unlikely to get more at a later date - or words to that effect)

 

I've chosen to ignore the letter and take my chance in court!

[Boris Becca]

I also had the same letter this am. However I called the courts yesterday am my hearing is on 29 Aug and the judge has said it is to go ahead. Fantastic, but heard nothing from Inga and crew!! Lets see what happens next. I also had Abbeys new terms and conditions yesterday, they dont waste thier time only everyone easles!!!

[madoldbat]

Hi there

 

I got the same letter today - and my hearing is NEXT FRIDAY!! Aaaaagh!!!! Just one more week!

 

I am only hoping that Abbey are as slow to process their stay of judgment as they are everything else. I'm really really hoping that if the stay is not in place by next Friday the hearing will go ahead.

 

They have also not sent me their evidence so technically I could ask the court to strike out the case. I will ring the court in the morning and see what I can find out.

 

Anyone spoken to the courts? Any likelihood of hearings going ahead in the next few days????

 

Also, is there any chance of requests for stays being declined? OK, I'm clutching at straws here but I really want my hearing to go ahead. :?

 

Best wishes all,

x

[Frankey]

I have received same letter today and feel such injustice as it suits the banks well as opposed to me, woman on the street - where is the equality?

 

My court order issued June 4th said 'A party wishing to make an application ( to have order set aside, varied or stayed) must do so within seven days of the service of this order

 

So how can Abbey seek a stay now of my legal claim? Salford said the hearing was going ahead a few days ago and I have heard nothing.

 

Also the bit in the Abbey letter about offer... 'provided you have not rejected that offer...it still stands and will be honoured'

 

If recipients of this letter had accepted earlier offers then their cases would be settled and hence no need for this letter! We are obviously at the court stage because offers have not been accepted.

 

They are aware cases will be going ahead as they say ' your case is likely to be put on hold' which means cases are still going ahead. What legal right have they got to request stays after the allocated time in directions. I don't know the answer to this but I doubt I would get the same treatment. I go on holiday on Saturday for a fortnight so all I can do is wait some more...been waiting since November 06

 

Frankey absolutely fuming

[lorn250]

I got the same letter today. I just hope the judge throws it out

 

Lorn

[madoldbat]

Hello Boris Becca!

 

We posted at the same time so I didn't get chance to read yours first.

 

When you rang the court yesterday did they say that the Abbey had requested a stay but your hearing was going ahead anyway?

 

I so hope so.....

 

Very best of luck,

 

MOB

[Boris Becca]

Can so relate to you, not sure if the judges word is final with regards to stays, they have not yet recieved a request from abbey to have stayed, un nerving isnt it?

[marmite-girl]

i feel for both of you.. i am in court at 12 o'clock tomorrow.. i also got the letter today - i rang the court and they said to turn up for the case as there is no 'blanket' stay.. so as such, its business as usual!

i have read a few threads yesterday and today where abbey have sent a barrister to apply for a stay.. i sure this doesnt happen to me! although im prepared with a document, asking for the stay not to be granted.

fingers crossed for you all.. its what we have been fighting for.. and it seems all too real!

marmite x

[madoldbat]

Ooooh! Good luck for tomorrow *crosses everything*

 

My I ask what document you have requesting that the stay not be granted? On what grounds?

 

MOB

[madoldbat]

Ooooh! Good luck for tomorrow *crosses everything*

 

My I ask what document you have requesting that the stay not be granted? On what grounds?

 

MOB

[redrover]

goodluck marmite girl, i too recieved same letter today.everything crossed..

[Frankey]

Marmite girl - at least tomorrow it will be over with - best wishes and can't wait to hear your news - xxxx

[marmite-girl]

cheers everyone.. thats what i keep telling myself.. this time tommorow i will know, one way or the other.. !!

 

MOB - follow this HERE link for what to do if a stay is requested

 

everything cross for everyone!

 

M x

[Boris Becca]

good luck marmite girl, egerly await what happens for you. hope its all good for you. Let us know tomorrow if you can bear it, where did you hear of these barristers turning up. id like to read about it!?

[kopw]

I also received the same letter yesterday. I phoned the court this morning and was told that the hearing was still on for 17th September. Abbey have until Sunday, 12th to send me their bundle. If I haven't received it by then, I'm off down the court first thing Monday to seek a judgement, unless of-course it's one law for Abbey and another one for me. It certainly feels that way sometimes.

[TUTTSI]

Hi All

I also received this letter from Abbey today. They state the OFT test case is for in their own words "UNAUTHORISED OVERDRAFT BANK CHARGES" I have done a breakdown of my claim which is also at court stage and I found that less than 10% of my claim represents unauthorised overdraft bank charges. The other 90% was for clearing transaction charges and unpaid item fees. Can anybody tell me why they should be able to stay a case when less than 10% as in my case relates to the unauthorised charges.

 

What do you all think am I right that not all the claim is under the Tesy Case!!

DS

[madoldbat]

Hello all

 

Good point Dsilverstein they don't mention the direct debit, standing order or bounced cheque charges which make up most of the claim. Hmm.

 

I rang the court this morning asking how long it would take for the bank's request to stay to be granted and the lady said it would go into a box to be seen by the judge and it could take days for it to be granted and they haven't received an application for my case yet. Good news for those of us with cases within the next week then if the Abbey haven't even applied yet.

 

She said unless you hear anything from the court, assume everything is going ahead as normal.

 

(not sure what is normal these days???????? )

 

MOB

[jules1973]

I am so glad your courts are carrying on, my judge unfortunately has decided to stay all cases at Southend until the end of the test case (he has taken the motion to do this himself)

[abroadgirl]

good luck to all

abg.

[Elky]

I dont have a court date yet and dont know what court it will be. Abbey were sent my claim (through MCOL) on 20th July and they acknowledged it on 27th July. I have now been sent the same letter as the rest of you.

 

Seeing as I dont yet have a court date, will this mean I dont get one and have to wait now?

[airbag]

Got the same letter from Abbey about requesting a stay today.

 

Phoned Rotherham court and my case ( as I think are all theirs) has indeed been stayed!

 

Started this way back in January and my court date was next Friday. Sooo close!

 

You could say I'm ****ed off to put it mildly.