12thdomino
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Everything posted by 12thdomino
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Heres the phone number of the Court 01946 67788 Old Town House, Duke Street, Whitehaven CA28 7NU You can have a go at them
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The Stay - Here is the application grounds for the removal of the stay
12thdomino replied to BankFodder's topic in General
Removed by postee Had a more detail look and will add The European Charter of Fundamental Rights - Article 47, “Right to an effective remedy and fair trial” EU Charter - Art 47. Right to an effective remedy and to a fair trial -
Just been to my local Court to pick a form up and was informed that the test case starts on the 18th Jan 2008 Don't hold me to this it was the court who told me
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I'll pop round to the court it's just a round the corner and ask I've just thought if there isn't a stay, and no AC, how can the Judge make an informed decision, the Abbey is quoting their new terms, which aren't in force yet It's left me in limbo really, and if I was accidently sent the AQ I wonder if the Abbey have been
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She gave the envelope addressed to me to me and when I asked a few questions about it took it back I assume once she realised it was for bank charges - so I assume the judge has told them to do so in bank charge cases, and dispensed with it, but what happens now I wish I'd been given it as I would know whats going on Thing is, Abbey have told me they are applying for a stay So they have submitted a defence, the AQ dispensed with, what do I do now just wait, I have to be careful as it seems a bit mixed up, I hope there is no record of me receiving an AQ
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Just been to the court to see what's happening and if there is a stay My allocation questionaire was in the mail waiting to be posted, but, when I was discussing the form the lady said that the AQ shouldn't be there so now a bit confused Why, whats going on now? When do I find if there is a stay? "THUMP, THUMP, THUMP -- Sound of head on table AAAAARRRRRRRRRGGGGGGGGGGGHHHHHHHHH
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Hi Someone couldn't give me a copy of the old defence please - without any names etc Then I could include it as an exhibit
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Oh, I am really thinking of throwing the towel in, I am so confused Last week I got two letters from the Abbey saying that they were appling for a stay, now I have a copy of a standard defence If I ask for it to be struck out, as per the template on the first posting what evidence do I need? Do I mention that the terms and conditions are not due to come into force until Sept My head is exploding
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The Abbey have applied for a stay but I dom't know whats happening That was according to a letter from them on Thusday If it gets 'Stayed' I will applied to have it removed citing that 99% of my claim is for transaction charges and these aren't covered in the OFT case
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The Stay - Here is the application grounds for the removal of the stay
12thdomino replied to BankFodder's topic in General
I'm getting really confused now, I have recieved a letter from the Abbey which says that they are going to apply for a stay I quote" Your claim in relation to unauthorised bank charges is currently being litigated in the County Court Although we believe the charges are fair, clean and lawful, since you have filed your claim in Court, Abbey (along with six other banks and a building society) has become involved in legal proceedings with the Office of Fair Trading("OFT") in realation to unauthoised overdraft bank charges. We believe this will resolve the issues regarding the fairness and legallity of your unauthorised overdraft charges Pending the outcome of this test case, we are asking the County Courts to stay all claims relating to unauthorised overdraft charges. A stay means" blah blah It goes on to mention the FSA suspending claims relating to charges Anyway I don't know what to do, do I write a letter to the Court or is there some special form, could I pinch bits from the above. I really am getting confused now Domino -
12thDomino V Abbey Claim No: 7WH00490 Whitehaven County Court Round about £1k
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Heres a new one! My Debit Card ran out on the first of this month yet I've not been issued a new one, therefore can I claim credit card interest charged. as I have to use this I asked the branch what was going on and they said "we no longer send them out weeks before, because of theft" surely it could be stolen when ever they sent it, in fact it could have been I'd not know. Then she threw in the postal strikes, then she blamed the flood and the makers of the cards couldn't supply them ps how come I need id on a 3 day out of date card but not on a in date card ?? I must have "GULLIBLE" across my head My answer to all these whilst shaking my head was "So, thats not my problem, thats for you to resolve, I've had this card refused three times so far" I then asked for some cash, and she refused me, as I had no identification, THIS IS MY LOCAL BRANCH, as I came off the roof, and demanded cash as I was personally known by three members of staff, she still went to the manager I got my cash, the manager will still have ringing ears though But can I claim any credit card interest especially on cash withdrawal
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First of all I do feel for those suffering in the recent floods I lived in Carlisle during the floods However Does the news of insurance rises because of the floods, not come under the same regulations that a lot of consumers have won bank charges back ie: the unfair terms in consumer contract regulations 1999?? In that it is unfair to charge those that have never claimed to pay for those who have - Please dont get me wrong my heart goes out to those flooded recently, but insurance companies make billions of pounds each year nd increases just mean more and more people especially the hard up won't get any insurance cover Does this not defeat the object by having less people insured means less money to share out are the insurers pricing themselves out of the market an would it not be better on putting a halt on fraudulent claims
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Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
" For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, " Quote from the Magna Carta, shame it doesn't refer to the Abbey I've just recieved this from my MP "I am currently away from my office. If your enquiry is urgent, please contact Carl Carter on 01946696845/02072194706 (e-mail carterc@parliament.uk.) Alternatively, please call Gwyneth Everett or Judith Andersen on 01946 62024. Please note that my office deals with hundreds of e-mails every day and immediate responses cannot always be forthcoming. Thank you for your patience. Jamie Reed Member of Parliament for Copeland" -
Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
Well I have just submitted my N1 to the Court and I'll see what the Court says But I did read somewhere in this thread someone saying the OFT don't make the laws, this is the courts, -er- with respect, the courts don't make the laws either - they administer the law, it is your goverment who make the laws and we should be turning our angst on them by complaining to our MP's and direct to Gordon, the OFT must have decided it was getting out of hand and therefore went for the test case, well lets get the MP's and PM so sick of complaints about any delays, they have to do something Shame not an election due Regards -
Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
I don't know if anyone else has thought of this but: The way an idiot like me reads this is that the FOS has given the banks a right to waive dealing with complaints re charges ---- Well, I never made a complaint I asked for my money back, it wasn't a complaint it was a lawful request for monies unlawfully taken from me - is that not theft or fraud - but they can't waive it because it was'nt a complaint or am I so nieve Is this not like breaking a leg in a road accident and the police saying don't fix the leg until the court case re the accident is over. I may not have a degree in english but a complaint and a request are different -
I've just reworded my N1 that I was putting in today so I'll just plod on regardless I think, least the courts only 100yds away
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Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
with regards to what that 'old bat' was saying this morning on the TV about costs of credit checks is b*****ks (sorry its better than what I said this morning) I was looking at my experian credit thingy last night and I know thats the one the Abbey uses as they told me a few weeks ago, and there is no entries or records of the Abbey looking, there is the normal monthly entry from the Abbey with my balance, but no credit check, Lying cow, -
I wish they'd give me a gesture of good will all I get is delaying letters, and now this OFT thing confused or what Don't know what to do AAAAAARRRRRRRRGGGGGGGGHHHHHHHH
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Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
Yeah, I think mine will go in as normal see what happens -
Got some new T&C's today and fees are now on a sliding scale: (from August) Transaction £0 to £9.99 charge = £5 £10 to £19.99 = £15 £20 to £29.99 = £25 £30+ = £35 and monthly charge of £25 Its called a 'Instant Overdraft Request' fee I think it means this anyway:confused: though why it goes £5, £15, £25 etc ??surely it cost the same
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Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
Hmmm I have in front of me the N2 court document do I still go via this route or via OFT?? :confused: any advice? Sorry mean't FOS -
Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
I've made a claim with the bank but just about to take my court docs to court tomorrow, so do I still do this as well I've had all the normal 'push offs' and time wasting bits Including some brand new T&C's today that don't mention charges It's now "Advanced overdraft service fees", and "Instant overdraft fees" ?? this is the Abbey -
Office Of Fair Trading Test Case
12thdomino replied to a topic in OFT Test Case Updates and Discussion
Well it has been confirmed So what do we do in the mean time, do we still put in our claims in or wait?
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