Abbey Charges

[pinkbabez]

my claim was stayed today will try the appeal but wont get my hopes up.

[spicester]

sorry to hear that darlin - you need any help let me know. I have not heard anything yet as to whether mine has been stayed - but I am guessing that it will be coming soon. What was the judges name on the order out of curiousity?

[pinkbabez]

It is district judge Hill, im just about to put together an appeal

[spicester]

not the same one as me then mines Judge Rooze. It seems to me that our court will be going for whatever givwes them the easier life cos they have one hell of a back log. You need to fill in an N244 ithink and the appeal for the stay can be found in the templates section which has been updated to reflect the current circumstances. Here

[pinkbabez]

Thanks!!

[cheesy]

Hi guys,

I've been readin your latest posts with interest. My case has been stagnating for ever, but at long last I have just received a hearing date and directions from the court. Very exciting. But I've had the standard letter from Abbey on the very same day (yesterday) saying they will be applying for a stay.

 

Is the court likely to grant a stay now the district judge has ordered a hearing date and directcions? Have Abbey left it too late in this case?

 

Wondering whether to start prepraing a bundle or whether the case will stall again. What do you think? (hope you don't mind me jumping on your thread)

[spicester]

I dont know thats the position I am also in. Waiting to see if my case will get stayed or not. At exactly the same stage as you mate so its just a waiting game - all I would say is prepare your bundle but dont print it thats what i have done. And no all welcome on my thread mate!!!

[spicester]

I think the way things are going you had better prepare yourself for the stay anyway, I know I am.

[cheesy]

Cheers will do the same as you. Good luck!

[sparky0107]

Hi everyone,

I spoke to a really helpful lady at St Helens County Court, I phoned to ask whether they were going to stay all reclaim cases, she said they are awaiting a decision by the district judge, and I should know within a week. I asked her if I could dispute the stay and she said I should seek some help from legal experts, she gave me a telephone number which I'm going to ring tomorrow and asjk for guidance, the number is 0845 345 4345 if anyone is interested.

 

Mark

[spicester]

all the advice you need is on these forums to be honest. and it costs nothing, but very helpful suggestion anyway. Even if blanket stays do become the norm I don't think in the end it will be anything to worry about.

[cheesy]

I gave my court (Bow County Court) a call about this over lunch. Asked whether Abbey's application for a stay had been received, and for a general opinion about how the Judge would handle it. The lady wasn't able to offer a lot of insight, but she suggested I could write to the court myself, enclosing Abbey's letter to me (the one we've all had) and listing my objections. She said that the letter would be held on my file and if Abbey do go for a stay (as we expect they will) the judge will read my letter at the same time.

 

It might not achieve much and I appreciate it will not help me in the situation of a blanket stay, but I feel better to be doing something proactively rather than just leaving it to "wait and see". Maybe this approach could work for you guys too?

[spicester]

Maybe it would help maybe it would not - the total truth of it is that I am not at all bothered at how long it takes me to get my money back - I am in a good situation where I do not desperately need the money and when I do get it, it is going to used for some fun stuff with my family - such as a holiday etc.

 

At the end of the day my claim is in the system, and will get dealt with in time - if it gets stayed I will appeal the stay.

 

Maybe it might be proactive to get my foot in the door so to speak by sending a letter objecting to the stay before he decides but with how funny my judge has been with my claim so far ie the extra ordinary request for me to provide info that only the banks have I think in my personal situation it is best for me to lay off and not to second guess his intentions with the stay request.

 

I personally do not think (maybe more a case of hope lol) that he has any intention to stay it - I think that based on his directions - my subsequent reply and the part 18 request I have submitted that he will be more inclined to grant the part 18 request than Abbeys request to stay cos I think he is getting really p****d off with these bank charge claims!!!

 

But time will tell.......

[spicester]

just talked to the clerk at the court all cases in Scarborough are now being automatically stayed pending the test case outcome. I asked why when other courts are carrying on and she said that was the decision of our District Judge and we would here from him in due course. Not good news....

[spicester]

Claim Stayed

 

IT IS ORDERED THAT

 

1. The claim is stayed pending the outcome (including any appeal(s) in the test case brought by he Offic of Fair Trading in the High Court.

 

2. If no party files at the court office by 4.00pm 20th August 2008 a written request for directions and/or trial date the claim shall be struck out on that day.

 

3. The hearing listed for 10th October 2007 is hereby vacated.

 

 

Stayed for upto a bloody year!!!!!!! grrrrrrrrrrrrrrrrrrrrrrrr

 

So now what? lol any point in appealing or not?

[pinkbabez]

well i have appealed so will let you know the outcome but we have differrent judge's, i appealed mainly on the grounds of hardship as we are in three months arrears with the mortgage but we had a payment protection insurance which when that paid out it was by cheque and we had to cash it with abbey who then took the majority of it for charges leaving us unable to repay the arrears so we now have a susspended possesion order on the house, so if the appeal is'nt granted on financial hardship then i dont reckon anyone's will be

[spicester]

bloody hell u are in a bad situation arent you? I feel lucky :o in comparison cos even though I a annoyed it wont really affect us. And it was ur judge that stayed my case lol. I have 7 days to appeal if i wish if anyone has successfully lifted a stay so far using the templates can someone let me know cos then it might be worth it!!!!

[GaryH]

There have been a number of successes with removing stays. If you do apply, add a paragraph in to the statement similar to what I just posted in the court hearings sticky - making the point that the issues are simply of fact, not law.

[cheesy]

For what it's worth, you surely have nothing to loose by appealing the stay, it must be worth a fight? Especially with what Garry H is saying.

 

And Pinkbabez, your story is dreadful, I'm crossing everything that crosses that the judge in your case sees common sense and thinks about the individuals caught in this.

 

Good luck every one.

[pinkbabez]

thanks cheesy, it would be nice to get back on track but until then im working any overtime available to keep up with the court order on the house,at least it wont be hard to prove financial hardship if requested, as it was the same court dealing with my claim that gave the susspended possesion order

[spicester]

Right well been a while since I logged into my thread. Need some advice again guys on what to do. When the judge stayed my case probably like everyone else he set a one year time limit on it. Now that stage one of the test case has been dealt with but of course not yet finalised, what should I do.

 

The judge said if he does not hear from either party by mid next month he will strike the claim out so what do I need to do to either 1. Conclude it successfully or 2. Keep the stay in place indefinately. Cheers guys n gals!!

[spicester]

Really need help now my claim is going to be struck out in the next week if I don't contact the court as it was a 12 month limit. What do I do?

[Supercoley1]

Just read through the whole of this thread. What was the outcome. Did you get help? Did you respond to the judge?

 

Andy

[spicester]

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