ICY -v- Abbey

[ICY]

Just to warn you, that as far as i have been told Canterbury is one of the courts staying all cases, i hope this is not the case for you, keep us informed

[kieobrown]

thanks for the post icy

i appreciate it, i hope things get sorted for you in the near future!!

[Clippy]

Hi Icy I'm sorry but I need to pick your brains again. I am still trying to finish off my bundle but am confused with the witness statement and the case summary things. They both appear to be the same when I look on the link here. Do I have to do both? Also did you include the first national bank thing in yours? Also have you seen the OFT web page? The link is on the last link on my thread.

[ICY]

having to rush out now so havent got time just yet, but if you havent had a reply by time i get back later i will look for you

[ppauls150]

Ok Hear Goes as you gussed it, it didn't go well..... hear comes a transcript if you want what the judge basically said. Met with the solictor who was going to dealing with it for the abbey and he basically said what we already know that they are going to be asking for a stay...... To be honest i really couldn't see how I had a leg to stand on as by the sound of it these solicitors have been in to see these judges on occasions before.... The solicitor told me thats what the judge was saying then backtracked to say oh i reckon that the judge will grant the stay hmm??? so goes in to see the DJ which was Judge Parnell and basically said i dont know if the opposing council has told you that the banks at the end of July finally got around to sorting it out with the OFT to finally sort out the legal issues surrounding the issue with reclaiming bank charges and you probably heard that you could reclaim bank charges back at the end of last year and that spread like wildfire about reclaiming back bank charges so you thought that you would reclaim them to...... He said Shabby have asked for a stay, what do you think about a stay? He said i think it would be a sensible thing to do, because we carry on with your case and then the test case rules in the banks favour then the banks will appeal against your claim, If the case rules on the side of the OFT and i have allowed your claim to continue to court and you lost then you will appeal against the decision if the OFT win in January.... I told him that the banks will not defend my case if i am allowed to continue but he just said basically the banks have more resources to hand to deal with your case to be honest so you might as well wait till the test case is dealt with...... He said people like you well people in your position are arguing that these charges are unlawful and unfair and the argument is that their charges dont reflect the cost of when you go over your overdraft limit.... I said it aint just a case of whether you go overdrawn, they could not pay 10 direct debits and charge you £300 pound for that 1 day which is unjustifable...... He said what i am going to do is that you are protected and if you are ultimately sucessful you are still going to win as you are still being allowed to claim your 8% till this test case is decided..... I then went on about the Human Rights and that you dont know when this test case is going to be heard and he said i accept that but on the other hand the longer it goes on the bank will have to pay interest to you anyway.... He said so i am going to set a prelim hearing for March and if the test case is not sorted then we can get directions on how to proceed, but if there is an appeal say like in April then i will canx the prelim hearing till the appeal is heard.... The solicitor then turned around and said i have an order from DJ Steel who sees it a different way and might be more efficent to make an application to get the stay lifted by either party if there is no decisions made on the test case in January. I then tried to carry on making a few points but it did no good.... He made an order that a prelim hearing to be set in March but the defendants have to within 28 days of the test case decide on what avenue they want to go down........ I mentioned to him that it is down to the descrestion of the DJ whether to allow a court hearing to continue or not and there are many cases that are still being allowed to continue and as such the once that are allowed to carry their cases on are being paid out.... He turned around and said i tell you why them cases where allowed to continue is due to the fact that this test case was only decided to go ahead at the end of July which is only 2 weeks and courts up and down the country have only had 2 weeks to decide on what way to proceed with these cases depending on how far down the claim they were..... I was in there for 20 mins arguing the case but to no avail..... That is it basically word for word make of it how you see hope other people have better luck.....

 

P.S will be making a thread in the general section with regards to the way the Judge has treated us consumers today with three cases that i know of that have just been dealt with by the Dover Magistrates Court by District Judge Parnell.

 

http://www.consumeractiongroup.co.uk/forum/general/110705-disgraceful-treatment-i-think.html

[bonnie0852]

Sorry to jump in yr thread Icy, but just wanted 2 say WELL DONE to PPAULS150 for arguing yr side, it must have been nerve racking and soooooo frustrating knowing u weren't going to get anywhere!!! We're all in the same boat so i know how u feel!!! :(

Just keep everything crossed for next year and keep adding up the interest!!!

 

 

xxx Bonnie

[ICY]

No worries Bonnie

[ICY]

Hi Icy I'm sorry but I need to pick your brains again. I am still trying to finish off my bundle but am confused with the witness statement and the case summary things. They both appear to be the same when I look on the link here. Do I have to do both? Also did you include the first national bank thing in yours? Also have you seen the OFT web page? The link is on the last link on my thread.

 

I wish everyone would stop apologising to me lol, the witness statement and case summary are both different things, so yes you need to include both, first national bank is not in my bundle i must have missed that

[Clippy]

Thankyou Icy. Its been a bit of a sorry day for all today. You can almost hear the sighing!! Will get my case summary done then. I almost feel that I'm doing this for nothing now, especially since the whole thing seems to be in the banks favour. I will not get a court bundle from them and it won't make any difference to the courts.

[ICY]

I almost feel that I'm doing this for nothing now, especially since the whole thing seems to be in the banks favour.

I am confident we will win in the end, however long this takes

[Clippy]

by the way should I mention the email to Inga (asking for a settlement) or not? I can't use the reply cos it was without prejudice. I have copies in my bundle incase they ask but don't know whether to include it in the case summary.

[ICY]

I have included the email i sent but not the reply

[Clippy]

Thanks again. Well off to do my summary then. x

[Camdenite]

Hi Icy, Just been having a bit of a think about the situation in regard to stays and I may have had a bit of a lightbulb moment!

 

It seems to me that the only ammunition we have against the banks is the Statutory Interest of 8% we're entitled to claim. Now, of course this isn't much of a deterrent to a bank when you say "OK have the stay, but I'll still be earning 59 pence a day interest". They really don't care.

 

Now, how about if we threatened to withdraw the current claim and start all over again but claiming Compunded Contractual Interest? I'm not even sure CCI is applicable to banks the same way it is with Credit Cards, but perhaps someone could enlighten me?

 

Just want to throw it out there and yours seemed the most appropriate thread. Hope you don't mind?

[ohoh4312]

Hiya hun

 

I just wanted to say I hope you sleep tonight - been worrying about you all day. That's not a problem by the way - worrying is what I do best!!

 

Take care.

 

Lotsa luv

 

Jo xx

[chrisking1962]

Hi Icy,

any thing happenning?

stay fresh peeps

regards

chris

[kia]

think little icy is still in his honeymoon period awww bless enjoy it icy :Dxxkia

[ICY]

Fantastic news

 

They are at it again.

 

Got statement through last week and guess what....

 

 

yup charges, my there charging system is confusing

 

they go as follows

 

9th Jan Instant overdraft fee - paid item direct denit

Charge £15. payment sent my account over by 6.97 for a period of less than 24 hours before my wage went in.

 

29th Jan Instant overdraft request fee - paid item card payment

Charge £5. Payment sent my account over by a whopping 2.10 again less than 24 hours until my wage went in

 

29th Jan Instant overdraft request fee - paid item card payment

Charge £5. this payment sent my account over by an amazingly high amount of 1.35, and yes yet again in less than 24 hours my wage entered my bank.

 

5th Feb Unauthorised overdraft/instant overdraft monthly fee

Charge £25

 

So to clarify Abbey have charged me £50 for sending my account overdrawn (on all occasions for less than 24 hours,) and when added together for a enormous total of £10.42, so i had 10.42 of there money for less than a day before the account was put right, and they want to charge me £50 for the privelidge.

 

The best bit however is they have said they will take the charges on the 27th knowing i dont get paid until the 28th so then the cycle that got me in so much trouble in the past starts all over again. because most of my wage is spoken for, i certainly dont have a spare £50 to be taken from my wage, therefore this will mean even more charges next month, and so on until things get out of hand again.

 

So I rung Abbeys wonderful call centre yesterday, explaining everything, and tried to find out why i had been charged so much for "borrowing" so little for such a short period of time, the guy on the other endd of the line was very rude and said we will not remove the charges as we refunded one charge in june last year. The fool just wouldnt see sense, t

i then asked to speak to someone higher up than him, to which he refused saying they will only tell you the same, so its pointless.

They have defianlty made there charges much higher than they used to be with this new structure.

 

I am wondering if this is a complete coincidence that 2 week ago they received a formal letter of complaint threatening to take action against them with the Information Commissioner and the FSA for sending me someone elses fische spreadsheet in the middle of mine, looks like a retaliation method to me, although it could be some wild coincidence,

 

The most annoying thing is my account has been run perfectly compared to how it used to be i had hardly ever slipped over and if i did it was only a matter of a pound or two, and as soon as i spotted it the money always got put back in.

[jcaps]

don't let the buggers get you down icy, sue them, sue them good.

[kia]

im on the same road again too icy been charged every month and cant get off it for now hope we win soon cos im gettin so annoyed with them now :mad:xxkia

[Camdenite]

Good Luck Icy (& you too Kia). They are b***ers aren't they? Since getting a partial settlement from them last Summer (see Camdenite V Abbey) , I've run things pretty well financially, but I've had a few close scrapes, due to what I would originally have called their incompetence, but now realise they are jerrymandering (sp?) DD's, cheques for bills etc. to try and squeeze charges out of me again.

 

On two separate occasions, I've had to go into branches and pay cash in over the counter because they've managed to present a cheque within three working days or take out a DD or S/O a day earlier than they should.

[Camdenite]

I should add that I probably antagonise them by keeping a bare minimum in my Current Account and put a huge chunk of my salary in a high interest savings account with easy access. I just transfer as and when I need to. I think they know this too

[kia]

very clever never thought of that :Dxxkia

[ICY]

Right now the test case is finally over, its time to blow the dust off the files and see where we are.

 

Quick recall of when and what has happened in this case.

 

21/03/07 Initial letter sent requesting refund of charges £1677

27/03/07 Letter from Abbey asking for up to 4 weeks

10/04/07 LBA sent to Abbey

16/04/07 Letter offering refund of £100 as goodwill gesture

20/04/07 Letter to Abbey rejecting there very kind offer

24/04/07 Letter from Abbey again asking for 4 weeks to deal with comlpaint

25/04/07 Letter from Abbey saying they have had the 4 weeks and need more time

26/04/07 Letter to Abbey change of amount after them sending a new statement now 1772

01/05/07 Claim filed at MoneyClaimOnline

06/05/07 Claim deemed served

15/06/07 Acknowledgment of service filed by Abbey

29/05/07 Standard defence received marked *without predujdice* ? ? ?

06/06/07 Emailed Inga @ Ashenhurst to attempt settlement

08/06/07 Proceedings transferred to my local court

07/07/07 Letter from court Abbey must by 1st August file and serve witness statements from a responsible employee with statement of truth 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

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

07/08/07 Letter from abbey re: test case and requesting stay from the courts

10/08/07 Court order staying claim.

25/11/09 Test case over

 

.........

 

THIS AINT OVER :) :)

[kia]

anyone know why two posts off here of mine been deleted :confused:icy man xxxkia