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Lorn250 v Abbey at Plymouth County Court


lorn250
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At the end of June 07 I put in my court papers against abbey at Plymouth County court. I had Abbey's defence and then a letter from Abbey stating that they were going to ask for a stay until the outcome of the OPFT case. Plymouth County Courts has placed a stay on all bank charge cases until the outcome of the OFT case. As this could take a year or even longer, is it worth trying to apply to have the stay lifted. I have been trying to get this money back since January and therefore feel that the bank had loads of time to deal with my case.

What I don't want to do is annoy the judge who might just throw my case out

 

Any help would be appreciated.

 

Lorn 250

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Hi Lorn

 

Firstly, do you have your own thread for your claim? It is far better to seek / give advice on a claim specific thread in a bank specific forum than on a general thread such as this!

 

With Abbey cases, much depends on their defence to your claim. If you have their old style defence in which they admit you have breached your contract with them, you have a very strong case for any stay to be lifted. Have a good read here -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/111571-abbey-court-hearings-important.html

 

If you have their new style defence in which they claim charges are for a service you have requested, you still have an arguement for a stay to be lifted. Have a good read here -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/111050-abbeys-new-service-charge.html

 

You may also find my thread of interest / help - I'm tackling a stay to my Abbey claim at present, as here -

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/77268-tish-abbey-3.html

 

Once again, please start your own thread, in the Abbey forum, if you don't already have one.

 

All the best - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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