court ordered claim cancelled

[MARTIN3030]

Hi

 

Would this test cast have any bearing on claims being lodged in Scottish courts? I am waiting to hear from Abbey re my claim for charges (they have until next Wednesday, 12th). If they offer me substantially less than I have requested should I take it but tell them I still expect the full amount, take it and run or just say no thanks? All this speculation is warping my brain but if this issue does not affect Scottish courts then I might be worrying over nothing (yet).

 

 

Its unlikely that Abbey will part settle you without an agreement to full and final settlement.

If you reject any offers of partial refund then they are likely to withdraw it.

We are all as uninformed as you on this issue and Im glad you use the word speculation as for the moment thats all it appears to be.

You can be sure of one thing..........if its going to be anything more this is probably where you will see it first on this site !!

Chin up and keep at it.

 

[Seminole]

Where did Maverick post this?

[pauli]

The lack of any hard information on this was driving me nuts. Not a fan of the wait and see approach so followed up with my local County Court regarding the test case.

 

The good news is that the Court Manager has not received any instruction to deal with bank charge cases any differently than they do now..so in one sense its business as usual.

 

However I then rang the Mercantile Court in London. Obviously they were reluctant to discuss anything in detail.

 

It is true that a number of cases have been referred to them by the County Courts. As far as I can see these are actual claims referred by individual district judges rather than anything more sinister.

 

I have the name of the judge. He is a Specialist Mercantile Circuit Judge responsible for London and the South East. Previously he was Head of Litigation and a senior partner at a major City practice. He also sits on the Financial Services and Markets Tribunal (FINSMAT) which hears appeals against decisions made by the Financial Services Authority. He is an advocate of Pro Bono work and has a lot of experience with the financial sector.

 

I understand from his office that he will either make a decision on the individual merits of each case before him or decide there is sufficient common interest to bring a Test Case. Given the matter is currently being reviewed by the judge they were naturally reluctant to say more.

 

I did ask about timescales but was by this time running out of goodwill with his very proper but very courteous clerk.

 

How many cases have already been referred I do not know. But something is clearly happening.

[Robertxc]

So, does that mean that this guy has the power to bring a test case, and if he does, all of the existing ones will be put on hold until it's settled? If that's the case then the banks will be having kittens!

[Robertxc]

The lack of any hard information on this was driving me nuts. Not a fan of the wait and see approach so followed up with my local County Court regarding the test case.

 

The good news is that the Court Manager has not received any instruction to deal with bank charge cases any differently than they do now..so in one sense its business as usual.

 

However I then rang the Mercantile Court in London. Obviously they were reluctant to discuss anything in detail.

 

It is true that a number of cases have been referred to them by the County Courts. As far as I can see these are actual claims referred by individual district judges rather than anything more sinister.

 

I have the name of the judge. He is a Specialist Mercantile Circuit Judge responsible for London and the South East. Previously he was Head of Litigation and a senior partner at a major City practice. He also sits on the Financial Services and Markets Tribunal (FINSMAT) which hears appeals against decisions made by the Financial Services Authority. He is an advocate of Pro Bono work and has a lot of experience with the financial sector.

 

I understand from his office that he will either make a decision on the individual merits of each case before him or decide there is sufficient common interest to bring a Test Case. Given the matter is currently being reviewed by the judge they were naturally reluctant to say more.

 

I did ask about timescales but was by this time running out of goodwill with his very proper but very courteous clerk.

 

How many cases have already been referred I do not know. But something is clearly happening.

Are you refering to this guy?: LawFuel - The Law News Network

[Seminole]

Interesting chap...

 

A good judge of character - 21 June 2004

[skyrocket123]

There still seems something strange about jifjaf. It was jifjafs first post on here. On bankchargeshell where s/he was supposed to have got the templates and info to claim against the bank, he had only posted 3 times. Twice it was a duplicate of his post here and the third time it was an apology for having duplicated the post. I know that before my first claim went in I had a hundred questions to ask. Apologies if jifjaf is genuine but just seems a bit strange is all...

[welly]

Thats what I was thinking..... maybe he could give us more info on this or ask for the info from the court about the test case......... time will tell with other claims dont read too much into it.

[pauli]

Indeed this is the man..I did not feel at liberty to disclose the name on the forum..

 

At least it should result in a fair hearing for the test case if it does go that way.

[Rooster-UK]

Well found.

A most Learned Gentleman.

[elsinore]

.....and you never know, he might, just might, have had problems with bank charges!!

[Robertxc]

I think I'll see if I can get Judge Mackie on the phone tomorrow, see what he's got to say about it.

[Rooster-UK]

I look forward to hearing the outcome.

[BankFodder]

I can confirm that JifJaf is quite genuine and also that his appication to remove the stay was submitted today

[skyrocket123]

Just me and my suspicious mind!

[elsinore]

There's been another stay at Glos CC

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/14447-lloyds-suspension-litigation.html

It's looking like it's one judge acting independently.

[Hedgehog]

Both stays are at Glos cc

do you think the judge there has just had enough of them! or is something more underhand going on there....

[Ihatebanks]

Maybe She/He is married to a bank Manager:D

[MARTIN3030]

Or is a shareholder of Lioyds Tsb ?

 

 

[blueskies]

Both stays are at Glos cc

do you think the judge there has just had enough of them! or is something more underhand going on there....

 

If we had known earlier we may have boycotted Gloucestershire for the BAG party this saturday

[callumsgran]

shame the courts closed at weekends we could've dem'd outside hee hee!

[blueskies]

I thought that. Placards, CAG t-shirts, etc.

[reload]

Someone say T-shirts?

 

[Joa]

I have received the "stay" order too today. I am frustrated, to put it gently. This is because on Monday I have sent back signed settlement offer, following the bank’s solicitors removal of various conditions (confidentiality, account review) to which I did not agree. So now, we had this ironed out and I expected money in my account in few days; CRASH BANG- stay pending the Mercantile Court’s decision.

So, good people of CAG, can you tell me if my case is affected, in view of the settlement offered and accepted?

[reload]

Which bank, Joa, just out of interest?

 

Umming and ahhing about it though, taking a guess I'd say that as you've signed and returned the settlement letter - the bank are now in a binding contract to settle your claim out of the court. They've agreed to offer you full and final settlement, you've accepted their terms, they have to stick to it - else if/when the case does come to court they're viewed as going back on their word.

 

Other than that, drop Bankfodder a PM - he'll help you with drafting an objection to the stay.