ICY -v- Abbey

[cherryblossom10]

Icy, i alo received the same letter as you. However my case is being dealt with by guildford and i received a general form of judgement on 24th July stating that Abbey must request a stay within 7 days or serve on me by 13th August and lodge documents saying whether case was to be contested to at trial and stating if they apply to adduce expert evidence. Havn't heard anything and their time was up yesterday at 4pm. Am ringing the court at 10am today to see whats happened and hoping that the defence will stand struck out as per the directions on the order of judgement. Fingers crossed.

[ICY]

Well thats it, the honeymoon is now officially off:-x , just called Oldham courts who inform me that all the district judges there are staying bank charge claims due to the test case.

 

I cant believe this has happened, been fighting these idiots since december last year and i am still nowhere near getting sorted

 

i was that $%^&ed off hearing ths that i put the phone down, and i forgot to ask if the judgement i requested last week stood, but i doubt it.

 

The Mrs is quite upset now, but i guess we just have to pick ourself up and carry on.

 

:mad: :mad:

[kieobrown]

hi guys, im in need of some mega help here

 

Im currently in the process of submitting my fathers court bundle against abbey (his court date 7th sept).

ive already submitted my court bundle against Yorkshire bank a few weeks ago.

do you think it is possible to take most of the stuff out of my bundle and add to his aswell or not

 

ive tried to read all of this thread but its just too long to try and get the info i need.

 

could anybody be so kind as to post their contents page or a list of what to add in my bundle please i only have a few days to get this sent off

 

many thanks people

 

Kieran

[chrisking1962]

Icey,

keep it going mate, and I know how you feel especially with crimbo looming, it just means we have to wait a little longer, but remember (I know it's no consulation) but think of the extra interst you will be able to claim when the case is finished in feb 2008. KKKKERRRRCHHHHHINNNNGGG! .

It's hurting now, but just think how much it's gonna hurt the banks in 6 1/2 months time! OUCH!!!!

 

My better half sort of felt the same as your's, but realises that we will have more to come in the end. KKKKERRRRCHHHHINNNNGGGG!!

 

Keep your heads up, everything comes to he who waits, and by heck are we having to wait. For everybody else who has a decent LAW ABIDING FAIR JUDGE, good luck and hit them where it hurts, but remember spair a thought for those of us who are having to wait that bit longer, because we DON'T have that option!!

 

More harder pressure should be put on the FSA.FOS and OFT to get the stays lifted!!!! Where is your support for us FSA,FOS and OFT???????

Bent over backwards for the BANKS, nothing for the sufferers of these UNLAWFUL Charges!

 

stay fresh peeps.

 

regards

chris

[ohoh4312]

ICY

 

I really feel for you, so sorry hun xx

 

But that doesn't cover how I am really feeling about the whole situation. I can see where chris is coming from, but the fact is that NOTHING has been done to protect the consumer; it is all so blatantly one-sided.

 

The FSA & co have obviously listened to the banks' hard luck stories over the millions they have had to pay out so far, but aren't they supposed to be listening to OUR side too?

 

I could rant for days on this, but I will contain myself for now.

 

Chin up matey

 

Lotsa luv to you & Mrs ICY-to-be

 

Jo xx

[ICY]

ICY

 

I really feel for you, so sorry hun xx

 

But that doesn't cover how I am really feeling about the whole situation. I can see where chris is coming from, but the fact is that NOTHING has been done to protect the consumer; it is all so blatantly one-sided.

 

The FSA & co have obviously listened to the banks' hard luck stories over the millions they have had to pay out so far, but aren't they supposed to be listening to OUR side too?

 

I could rant for days on this, but I will contain myself for now.

 

Chin up matey

 

Lotsa luv to you & Mrs ICY-to-be

 

Jo xx

 

Thanks guys, I am trying to stay positive but its not that easy.

 

I totally agree about the FSA & OFT.

 

The point is though those hard luck stories about the banks losing XXX millions are not the banks millions to lose they are ours, had they not been taken unlawfully then the banks would not have just lost so much, and there constant stalling ect has meant they have lost even more, had they paid up straight away they would have saved a lot of money, but because of their ignorance of the people who keep them in business they waste so much money drgging things out, and for thi they are being supported by the very regulatory bodies who are suppoed to protect consumers rights.

 

OFT & crew should have acted against the banks when this was first raised and protected the consumer which is there damn job at the end of the day, bit of a coincidence that a high proportion of the staff are ex bankers, and suddenly they decide to side with the banks.

 

Give me that soap box Jo, i feel the need for yelling at someone, i better stop now as i am starting to get really angry and i think i need to go get some air and relax.

[Camdenite]

Hi Icy, Sorry to hear about how it's going at the moment. I think that a concerted effort is needed to highlight the fact in the media that there is now a "post-code lottery" going on as to whether a claim will be stayed.

 

Surely such a claim in a newspaper would help force things to a head over this?

[chrisking1962]

Hi Icy,

 

I am in total agreement with you and I recently contacted a journalist at the Mirror regarding a different matter on mortgages and their greed when it comes to moving etc, so I think I might drop the guy an email about this predicament the so called regulatory watchdogs are NOT doing.

 

Don't get too dispondent (if thats how it's spelt) it's just a delay, and with the hope of the counter claim the CAG and Martins Money thingy and the other guy have sent, (wish the statutes of limitation was longer(only mistake I can see on it))! was a bit stronger regarding OUR rights!!! fingers crossed and NO offence meant guys!

 

We can all just keep pressurising the FSA,FOS and OFT into listening to OUR side of things not solely the BANKS side as they have.

 

No point in ranting too much, lets pool these greivences together and not just send them to the watchdogs and the MP's etc go further and pressure the Judicial side of things, I have and I can only wait for their responce.

 

Check out their website 'OJC', or: 'Office for Judicial Complaints' and click on the relevant bit about making a complaint. I kept the complaint formal and what I thought was unfair regarding the stay (in my case only) and mentioned that due to the test case not officially staring until October at the earliest, then why have the stays been allowed with more than 2 months BEFORE the start? (I quoted tOctober because the clerk at the court gave that as the start date of the test case) I also requested if they could possibly do the same for the stays and allow claiments to continue until this start date, as I would atleast deem this fairer than at present, and if this was not possible, then why could the Judicial system put a blanket order on the banks to stop them from taking any further chartges from anyones account during the stays (where applicable) and the test case?

 

Icy Soap bax, we don't need soap boxes mate, people are listening, and when you speak on the soap bax people only remember what they want, on hear people can go back and re-read it incase they need to use it.

 

I'll look up my email I sent to the OJC and the email I sent to the mirror and get back with a draft we might all be able to use (and tweek to suit your own needs)

 

OH keep this up for the bank managers reading: KKKKERRRRRCHINNNNGGGGG!! lol:D

 

stay fresh peeps

 

regards

chris

[Ladidi]

Hia ICY hun

 

I know how you feel, I called Sunderland County Court this morning to see what was happening in relation to our case as you know the Abbey filed a defense and we received our papers etc. They advised they are still waiting to hear from the Judge as it is up to him/her wether the case should be stayed or not and as far as they know all cases are being stayed but they could not discuss other peoples cases. I told them I did n ot want to discuss other cases except my own. I asked if I could appeal this "Stay" and she advised it would depend if the judge has allowed appeal in the summing up. She advised me to call back tomorrow. So with what has happend to you your good wifey to be I`m not raising my hopes. I was talking to a couple of colegues at work and they reckon the banks are going to win the case and that no more payouts are going to happen. Scare mongering or what? I dont know any more, all I know is the little man or woman are not here to win back is theirs, they are here to keep the rich richer and the poor poorer!!

 

Luv

 

Ladidi

[Ladidi]

PS ICY..I dont know if the appeal against the "Stay" might work, but someone asked for it, and I intend to use it, if they do it to me come tomorrow..

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[kia]

hiya kia here icy is the one to help with court bundle kieran! god im gutted for you icy really am but the bright side is all that interest and your not alone are u but i do think someone needs to stop them applying for the stays xxkia

[ICY]

hi guys, im in need of some mega help here

 

Im currently in the process of submitting my fathers court bundle against abbey (his court date 7th sept).

ive already submitted my court bundle against Yorkshire bank a few weeks ago.

do you think it is possible to take most of the stuff out of my bundle and add to his aswell or not

 

ive tried to read all of this thread but its just too long to try and get the info i need.

 

could anybody be so kind as to post their contents page or a list of what to add in my bundle please i only have a few days to get this sent off

 

many thanks people

 

Kieran

 

I would advise re-doing a new bundle, you will need to take your copy of the bundle already submitted to court when it gets that far, if you take bits out then you wont have the complete document, which you may need to rely on at later stage, or do you mean can you use the same things, if thats what you mean then yes you can.

 

My bundle was ready long ago, (not that i needed to do it, i got carried away premeturely), heres what i included in mine, however i dont know if there is anything missing that i should have included

 

Witness Statement -----------------------------------------page 3-7

Case Summary----------------------------------------------page 8-10

Correspondance---------------------------------------------page 11-58

Statements showing charges---------------------------------page 59-88

Schedule of charges-----------------------------------------page 89-92

Account terms and conditions--------------------------------page 93-113

Relevant case law summary----------------------------------page 114-119

Early day motion from houses of parliment--------------------page 120

Report by Kendall Freeman on liqiudated damages-------------page 121-126

UTTCR 1999-------------------------------------------------page 127-138

UCTA 1977--------------------------------------------------page 139-150

OFT report April 2006----------------------------------------page 151-153

BBC Commision conclusion------------------------------------page 154

Consumer law centre Victoria Media Release-------------------page 155-156

Northern Ireland Competition Commision Report October 2005---page 157-184

[kia]

nice one icy ;)xxxkia

[ICY]

Just sent the following email to the court, now i know most of theanswers to what i have asked however i am wanting to hear what the court will tell me, and wether they say i should do anything or not, i am just playing dumb to see what they advise

 

Dear Sir/Madam

 

I am writing to seek clarification on what is happening with my claim.

 

My claim number is

 

On the last court order i have received, it was stated that by the 1st August the Defendant had to file and serve a comprehansive witness statement.

It is also stated on this order that in default of compliance by the the

defendant, then the defendants defence is to be struck out and Claimant may apply for judgement.

Furthermore it states that any party can apply 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.

 

I am very alarmed to hear from a friend that all cases involving bank charges at Oldham have been stayed pending "test case" does this mean that the judgment i have applied for will now be ignored, as the defendant has already chosen to ignore the courts process, and the period allowed to request a stay has long since passed i fail to see how this case can be stayed especially as i have requested judgement as per the court order. The defendant had every oportunity to request a stay when this order was made, and chose not to do so, even though they were fully aware that they will be applyed for a stay for all claims.

 

Could you please take the time to have a look into my case file and inform me of the precise position i am in, and what to do next.

 

I fully appreciate your time and understand you have a large workload, i just need to know exactly where i stand, and if a stay has been requested what is the best way to go about appealing it, as i hope i have demonstrated here the Defendant has completely abused the court system.

 

Yours blah blah blah

[ICY]

received the following reply

 

At the present moment your case has been referred back to the District Judge

with your request to enter judgment in default. There has been a direction

that all bank charge cases have to be referred to the District Judge and the

matter will most likely be stayed.

 

An action has been taken to the High Court in London by the banking

ombudsman and various banking organisations to determine nationally about

bank charges. Until the outcome of this case - the test case - all cases to

do with bank charges in England and Wales have to be stayed. Do i smell somthing here

 

You will get an order from the court shortly with more information

[kia]

well youll have to give em the icy stare then eh xxxkia

[Clippy]

Hello Icy sorry to burden you with a question when you are going thru so much cr#p with Scabbey . I just need the solicitors address. I saw it on a thread some time ago but can't find it again. I don't seem to have it on any correspondence either. Can you be a love and post it up for me?

[ICY]

Of course, dont worry its not a burden

 

Ashursts Solicitors

Broadwalk House,

5 Appold Street,

London,

EC2A 2HA

[Clippy]

Many thanks Icy x

[chrisking1962]

ps Icy,

just look over the FSA announcment again, and check the bit below, it might have some bearing on having the stays removed.! As I read it the 'test case' has not even started, therefore the stays can not exist or be allowed on a case that 'does'nt exist yet'!.

 

Below is a part of the announcement taken from the FSA website!Take special notice of the last sentence! I have altered the colours on the important bits.

 

 

Court 'test case'

This court case is being called a 'test case' because the decision will clarify the law on these charges. The court's decision is likely to apply to all existing and future claims against these charges. We believe this will deliver a fair outcome for consumers because, once the test case has established a clear basis for resolving these complaints, firms can deal with them in a fair and consistent way.

The test case is likely to start later this year, but not earlier than October.

So the case does not exist yet!!!! anyone going to court for removal of stay, maybe this could be used in the argument???

let us know, take the whole qoute if neccasary and highlight the above section, I'm going to send mine in later today, when I wake up (on shifts at mo) ZZZZZZZZZZZZ

lol

stay fresh peeps

regards

chris

[ICY]

Its easier to write it, but to convince a judge who has set his mind on staying the case is not going to be so easy, i shall give it a try though when i write requesting the stay be lifted, once they confirm 100% that they have stayed my claim that is.

 

Had about 3 hour kip tonight, worrying about these claims going through, worryinng if we can do the honeymoon, and worrying wether we have done everything for the wedding isnt exactly helping to relax me at the mo, i am not sleeping very well at all now

[chrisking1962]

Hi Icy,

just got in from work so I'm like you got no sleep last night!lol:D

 

It is'nt something I wrote, it is something I cut and pasted from the official announcement as a snippet. I am in the middle of drafting my letter to send into Halifax CC hopefully by close of eyes,ZZZ, sorry nodded a bit there, i mean close of business (if I wake up,) or I may just test the water with an email to the courts 1st.

 

I have pm'd Hedgey06 for advice on it as to wether it could be used or not in a legal argument, because as i have said earlier, the case has not started yet, and what if when they are actually due to go to the real court,they don't turn up then?????

 

Anyway, tell your lovely lady, that no matter how long it takes you will always love her and if the honeymoon is'nt quite what she hoped for, there's as much fun on the 1st anniversary and maybe you could take beyond her dreams courtesy of the lovely 'savings account you forgot the bank has kindly reminded you of with a big fat cheque'!

 

stay calm and we will all win the day. I'm off to bed now! sleep tight

 

 

stay fresh peeps

 

regardszzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

chriszzzzzzzzzzzzzzzzzzzzzzzzzzzz

[ppauls150]

Wish i had been to bed lol been up all night trying to gather information together to try and figure out a way to beat the shabby today in court with trying to get the stay removed if they ask for it. Well will be going in there tired but i will be throwing 110% behind the hearing...... They are going to get both barrels and unless the Judge throws me out of the court room i cant see my speach finishing before the 15mins allocated deadline lol

[ICY]

Good luck pp let us know how it goes(which court btw)

[ppauls150]

Good luck pp let us know how it goes(which court btw)

It was filed at the Canterbury Crown Court but is being sat at the Dover Magistrates Court.