ICY -v- Abbey

[kia]

i cant be bothered to look do tell icy what did it say cos they wont produce the rabbit out of the hat and no havent been drinking yet lolxxkia

[ICY]

Here you go Kia, copyed AGAIN just for you, now pay attention this time im not doing it again pmsl

 

 

Before judge XXXX sitting at Oldham county court

Upon reading the court file

 

IT IS ORDERED THAT

 

Following making an order of courts own initiative

 

This order is made by the court of its own initiative. Any party affected by this order may apply pursuant to CPR 3.3(5) to have it set aside, varied or stayed. Any such application should be made by application notice in accordance with CPR23 and must be made not more than 7 days after the date on which this order is served.

 

By 1st August, 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the Banks charging regime and exhibitingall relevany documents justifyingit;and, if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

 

In default of compliance by the defendant the defence is struck out on 2nd August, 2007 and the claimant may apply for judgement.

 

 

Dated 4th July 2007

[kia]

oh i remember now ;)icy lol well looks as if youve won just matter of waiting till 2nd august be patient icy theyll make u wait till the bitter end lol xxxkia:D

[ICY]

10 days til D day, i want a closure on this claim, its gone on for like forever ish well i first reqested statements in december, cant wait until a week thursday when i can contact the court and ask if they have complied with the judges order

[ICY]

Nearly there 7 days to go, courts still havent received anything, neither have i received any correspondance at all from abbey

[FoxyFiona]

Good luck Icy, its like waiting in the dentist waiting room for your mouth to go numb:)

[KnellyK]

You just have to be patient for a few days more Icy!

[ICY]

Im not best known for being patient pmsl, i will try though lol

[kia]

your more than i am lolxkia

[ICY]

I think 15 claims may soon change all that lol

[jules1973]

ICY

With the banks now allowed to ask for a waiver due to the pending test case, how does that affect you with regards to Abbey only having until 1st August to comply with a court order, does this mean that they don’t have to comply with it now and that you have to wait even longer now for your money??????

[srfrench]

The banks have not been given a waiver, only the FSO have been given a waiver!

[jules1973]

Oh I see, thanks for that, read it wrong on the news website. Can the banks apply for a waiver though? If so, knowing shabby they will.

 

its about time this test case came about, but just means people who were hoping to get the cash soon will may have to wait a bit longer.

 

Oh Well all good things come to those who wait I suppose.

[ICY]

To be honest i havent had chance to read all the information out there as i have been really busy today finalising plans for the wedding with the hotel. I am off to do some reading up now and see if i can get up to speed

[ICY]

Initially it doesnt look godd, after reading the bbc news report

 

Looks like the honeymoon may have to wait a lot longer than we thought.

 

This is the bit i dont like the sound of,

Market watchdog the Financial Services Authority (FSA) will allow banks to suspend dealing with any claims for repayment of overdraft charges filed against them until the test case has been decided.

[ICY]

read Zoots report HERE Goes into more detail, seems as though it is down to individual courts to decide wether to allow the claim to continue or stay the claim until the test case is over, which could be quite a while i am guessing.

[ICY]

I will ring the courts on monday to see what they are saying, but i dont think it is exactly case over, Abbey requesting a stay until test case is over does not get them away from the fact that unless they provide the information required by the 1st then there defence will be struck out, they will still have failed to comply with the courts order, my honeymoon may not be totally wiped out just yet.

[Ladidi]

Question is thought ICY, What if the courts decide to wait for the test case to be dealt with before hearing any more cases. That leaves us all in limbo until it is over, and as the Americans say " It aint over til the fat lady sings"

 

I can tell you I aint singin...far from it!!!!!

 

Ladidi

[ICY]

If that happens then we shall just have to wait, i really cant see the banks winning, yes it may be a pain, but i reckon the end result will be the same, as said though it my not happen, we just have to wait and see, shame the courts were closed by the time i could sit down and look at it properly, although they are probably sick of answering the same question, i might actually email them instead

[Ladidi]

I know how you feel about trying to ring the court. I found out when I got home and I tried to ring mine too and I got no answer. Either I was too late or as you said they were sick of answering the same question over and over.

 

I`m glad they are finally going to court to set some kind of precedent and finally end all this time wasting for new claimants meaning they will have to pay out regardless..It is just the all waiting game going on for even longer, thats what cheeses me off the most..I know i`m gonna get more money than claimed at the end of the day if it all goes our way which means the banks are forced to repay everyone. But what if, the courts states that people should pay something and set a precedent of us all paying as much as they agreed for the credit cards..£12 or even a little higher after all the banks may argue that some cost has to be passed to the consumer..God it just don't even bare thinking about..

 

Ladidi

[Ladidi]

Go here ICY..

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=6&a=107

 

 

 

Dunno what it all means tho..

 

Ladidi

[kia]

trying not to worry but cant help but worry a little xxkia

[ICY]

Well Abbey are fast running out of time, they can no longer apply to have the order stayed or set aside as they had to do so within 7 days of the order being served, so they now have until 4pm 1st August to file and serve a comprehensive witness statement from a responsible employee (good luck finding one) with statement of truth (they wouldnt understand the word truth when connected to charges) explaining the banks charging regime and exhibiting all relevant documents justifying it; and if they are discretionary, the decision to apply the charges the subject of this claim to the claimant.

 

(the best bit) In default of compliance by the defendant the defence is struck out on 2nd August and the claimant may apply for judgement

 

Clocks-a-ticking

 

[Ladidi]

That sounds like good news ICY. so does that mean then, if you have filed your case and they have said they are going to defend, which in my case this has happend as the defendent filed an acknowledgement of service on 16 July 07 and they have until 13 August to put in their defense, if they fail to do this then I could win my case?

 

Ok now I`m gettin a leetle excited..need to calm down a bit and need a tetleys cuppa

 

Ladidi

[ICY]

yes because they havent complyed with the courts rules in that they have said they will submit a defence, if they fail to do this then you can apply for judgement, although do be aware that they can appeal this and get more time to submit, up until now they have been submitting defences and TBH i dont think that will change, what date was you claim deemed served, it is 28 days from this date that the defence must be filed.