James33 Taking On Abbey

[Lula]

Hi James, well it was a partial result, but what really beggers beleif is that Abbey think that they can change their defence to represent their NEW t&cs when we were bound by the old ones and have submitted our claims referring to them BEFORE we even knew about the new t&c's, something tells me that this could become quite significant at some point. I think (and this is just my opinion) that Abbey may have shot themselves in the foot here

[einyuk]

that has been on my mind for a while now........what with the test case and the new t&c's and defence submited how does this reflect on our cases regarding the abbey admitting to the breach in our cases?

surely they cannot now rewrite their defence to suit........

[Lula]

Well they might try but I dont see them getting away with it

[JAMES33]

Hi Lula, I agree that it's not at all fair that Abbey can amend their defence to suit them if it seems that they have made a mistake. However, I do think they are worried about this as this was the Barrister's main concern before we went in, he said that I had mentioned the breach of contract in my letter to the judge and he seemed very nervous about this and seemed to be trying to put me off arguing this point. When we first got in there, the Judge said that what made my case stand out from others was that I had mentioned the breach of contract in my letter so this is definitely a sticking point. However, on the down side, when the Barrister said to the Judge that if he lifted the part of the stay that related to the breach of contract, Abbey would probably apply to amend their defence the Judge seemed to accept this and certainly didn't make any comment about this being unlikely to succeed.

[JAMES33]

This is a link to a case that the Judge referred to when considering my request to stop Abbey from enforcing payment of my overdraft until after the test case

 

Attached FilesCarlislevClydesdale.PDF (279.4 KB, 19 views)

[Lula]

JAmes, this issue with shAbbey changing their defence to reflect their new t&c's has been bothering me for ages, how can they change their defence using their new terms when we are arguing that the old ones that referred to our account and against which the unlawful charges were made? If that makes sense, I am sure that any reasonable judge would through their N244 out, and anyway I am pretty sure that we could argue against the change of defence.

[JAMES33]

I totally agree with you Lula! Hopefully someone with a bit of legal knowledge on here will be able to work on this and prepare an argument in case they do try this. My only worry is that the Judge did not comment when the Barrister mentioned this.

[Lula]

Probably cos there was no reason to at that time, should push come to shove, we will have plenty to say about it never you worry lol