matt v Abbey

[JAMES33]

Hi Matt - I think that as the Abbey just deposited the GOGW in your account and I doubt they gave you any details of exactly which charges they were refunding it is fine that you didn't send a rejection letter. I'm sure someone will step in and say if this is wrong but I'm fairly confident about it. All the best.

Lisa

[mattyb13]

I received a letter from Abbey today saying that they are writing to all courts asking for all claims to be stayed.

 

I popped into court this morning and handed my court bundle in. I asked if anything had been done about a stay and they said nothing as yet. Keeping my fingers crossed that this will get to court although I'm not holding my breath.

 

If I havent received Abbey's documents by Friday(they are due tomorrow) I thinking about asking for a strike out, any thoughts on this?

[JAMES33]

How's your case going Matty - did you request a strike out? Have you heard anything from the Court as to whether they are staying bank charges cases?

[Lula]

Matty, did Abbey sumbit a bundle? if they didnt, get this off , as soon as, via email, recorded delivery and copy in the court too

 

Dear Sir/Madam,

 

[You] –v- Abbey Plc

Claim No: ********

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

To date I have received no such documents and accordingly you are now in breach of the aforementioned court order.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Your non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which is contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that you are specialist solicitors representing a powerful financial institution, whereas I am a litigant in person. I feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

In view of the above, I will request at the hearing that the District Judge gives consideration to whether your client's defence should be struck out pursuant to CPR 3.4(2)© and/or (b).

 

Please reply at your earliest conveniance explaining why you have not served the documents as ordered and stating by when I can expect to receive them, or alternatively, indicating that you wish to settle these matters without the need for a hearing.

 

I look forward to your prompt response.

 

Yours faithfully

[mattyb13]

Hi guys. I havent receieved anything from Abbey. I am in court on Thursday.

I havent requested a strike out. I phoned the court and informed them I havent received anything from Abbey. The guy on the phone said when I go into court inform the judge immediatley that they havent submitted any evidence and then they cant rely on anything.

 

I asked himif I should inform the judge by way of letter and he said not to.

 

Lula, I didnt send the letter above as I did not really want to remind them of my case too much, as it seems to be going ahead at the moment. I thought if I remind them of it, it might prompt them into requesting a stay or it might remind them to turn up.

[mattyb13]

BUMP.

 

Do i need to send the letter in Lula's post #55, I am in court Thursday so if I do I need to do it today.

 

Anybody know??

[mattyb13]

OK, I still havent sent the letter off, even if i sent it tomorrow it wouldnt get there until Wednesday and im in court Thursday so its probably too late now.

 

On another note, I am preparing my argument for a stay and have copied the basic argument for a stay.

 

I have also addedd the following. I would be very grateful for any thoughts on this . Thanks in advance.

 

The Defence

Paragraph 6 of the defence is as follows:

The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details of which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with it Tariff of Charges applicable at the relevant time. In accordance with the Conditions, such fees were debited to the Account.

Also Paragraph 8 is as follows:

The Claimant’s contention that the said fees are unenforceable and/or are “penalty charges” is denied. The fees reflect and are proportionate to the Defendant’s administrative expenses incurred due to the Claimant’s breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

The above points in the defence could be resolved in the county court as they are merely a matter of fact and not law. The administrative expenses which the Defendant has incurred due to our breach of contract will remain the same regardless of the result of the test case. We truly believe that if the Defendant had any intention of actually defending this case they would have disclosed these so called administrative expenses as part of their evidence. As they have submitted no evidence strongly suggests that these expenses are not proportionate to the amount we have been charged time and time again.

 

 

Our Personal Circumstances

.This case was listed for a final hearing before the test case was announced.

 

.We have spent a lot of money starting a court case and in other fees and costs, such as an allocation fee and stationary costs.

 

.We have also spent several hours preparing our claim. We submitted our court bundle on time and our Allocation Questionnaire on time. The defendant has failed to comply with the courts directions by way of failing to submit its court bundle at all. We are not sure if the defendant even completed an Allocation Questionnaire as we never received a copy even though we sent the defendant a copy.

 

.It is our belief that the defendant has never had any intention whatsoever to defend this case. Hundreds, maybe thousands of cases of this nature have been bought against the defendant and to my knowledge not one has been defended in court instead the defendant usually settles days, sometimes hours before the hearing.

 

.We also believe that the defendant is not prepared to defend this case today and is presuming that a stay will be granted.

 

.The test case was announced nearly a month ago and we are sure that the defendant has known about this for a lot longer. Even knowing this the defendant has not officially applied for a stay, instead the defendant sends a template letter asking for a blanket stay or just turns up at the final hearing to ask for a stay.

[Lady E]

Mattyb13, I too am at court on Thursday at 10am. I too hoped that I had slipped through the Shabbey net and did not send a letter alerting them to the fact that they had failed to send a bundle, however I did send a letter to Mr Judge. Personally I like what you have added to the request for removal of a stay, as like all of us , I have been sitting at computer trying to get myself up to speed on all the legal arguments to help my case.

 

I hope someone more experienced comes along and gives you advice , but the very best of luck to you on Thursday , post your news as soon as you can.

[mattyb13]

Thank you Lady E and good luck to you too, hopefully we will both have some good news to post on Thursday.

 

I am happy with what I have added just hope its ok.

 

Thanks,

 

Matt

[psm]

Hi Matt

 

you might want to mention that you do not dispute the fact that you were in breach of contract and that you accept the defendant was within their rightsto recover the actual losses resulting from each breach of contract. Your contention is with disparity between your estimate of the defendants loss, between 25p to £1.50 and the defendants own charges between £20.00 to £35.00 The resolution of this dispute is based in FACT and not complex legal issues.

So stay part of the claim relating to the complex legal issues that could be best served being argued in the OFT test case but dispose of the breach of contract issue today, as this is done day in and day out in the county court.

[Clippy]

Good luck to you both! I have been looking at your thread as I am in court on 7th sept. I want to compose a letter too explaining my dire financial situation due to being constantly bombarded with charges! I hope you both get a good result my thoughts will be with you.

[mattyb13]

Hey Clippy, thanks for the support.

 

Take a look at this thread, it seems if you can prov e hardship you may get your case heard.

 

StayLifted

 

Good luck

[Clippy]

thanks Mattyb. I just looked at it. Poor person! I am nowhere near the situation they are in but if things go on the way they are who knows! Thanks for the info. Good luck with the case. nerve racking isn't it?

[JAMES33]

Hi Matty, just wanted to wish you the very best of luck on Thursday, hope it all goes well for you, you seem really well prepared and I think that is really important. Let us all know how you get on.

[mattyb13]

Im in court tomorrow does anyone have any last minute tips:)

[Night Owl]

Keep your cool and if your nerves kick in just imagine that the judge and the defence are naked!!!! Might be more scarey than if they were dressed!!!!

Best of luck for tomorrow. You have come a long way.

Good luck.

Will look forward to your update.

Night Owl

[mattyb13]

Thanks nightowl, I remember you from when I won my lloyds claim, you were very supportive then.

 

Thank you.

[Night Owl]

Hi mattyb13,

I'm still fighting my Lloyds claim!!! and have an Abbey claim going now too!!! Must be mad, more like desperate!!

At least you won't need wellies in the court room now the floods have gone!

My feathers are all dried out now!

Good luck.

Night Owl

[psm]

good luck for tomorrow.

[CHLOEJ]

good luck matt

my turn in 20 days

 

cj:)

[psm]

Have youseen the sticky posted by GaryH yesterday titled

 

Abbey Court Hearings - Important info

 

I know it is abit late in the day to help you but there might be something there you could use. Whatever happens good luck today

[Lady E]

Matt check out my post , just so you know what may happen this afternoon .

 

Good luck , hope you get a chance to get inside the court.

[mattyb13]

Hi Lady E, just read your post if it is any consolation I know how you feel.

 

I went to work this morning(I am a postman) sort of looking forward to give my views in court later on today. I was thinking I will rush around my delivery so I could finish a bit earlier.

 

I went over to the postman that does the round where I live and there was a letter from the court. I didnt need to open it I knew what it said. CLAIM STAYED.

 

Before District Judge Parry sitting at Worcester County Court.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

 

IT IS ORDERED THAT

1. this matter is stayed until further order to await the outcome of the test case.

 

2. Permission to either party to apply to lift the stay.

 

3. The Defendant must advise the court of the outcomeof the test case with 28 days of its conclusion and submit to the court any requset for a furter stayor proposed directions (to be agreed with the Claimant if possible)

 

4. The hearing on 23rd August 2007 be vacated.

 

5. The Claimant to collect the Trial Bundle from the Court within 7 days from the date of this order, failure to do so will result in the destruction of said bundle.

 

 

I am reaaly annoyed at this I would rather have been told at the hearing a stay would be granted at least then I could give my argument against a stay. Now I have to apply to have it lifted within 7 days which means forking out another £65.

[Night Owl]

Hi mattb13,

Thats such bad news and so close to your hearing too.

I had a letter from Lloyds solicitors this morning saying that they were going to write to the court for a stay due to the test case at the end of this stay 31/08/07!! Thats 2 stays!!!

My feathers are a little ruffled to say the least.

What a dilemma.

Is it worth objecting? I think I will have to try because of the first stay having not resolved anything.

Good luck

Night Owl

[JAMES33]

Just seen your post Matt - that is a disgrace! I can't believe you didn't even get a chance to argue your case at all. I suppose I shall be getting the same letter very shortly, DJ Parry is dealing with my case too. I'm so sorry Matt, just hope you have better luck getting your stay lifted. Keep posting and keep positive, I'm sure we'll all get our money back in the end and at least interest is being added daily.