Am I still on the right track??

[Liz Irwin]

Thanks ICY Its like bloody De Ja vu ( if thats how you spell it!) everytime I open an envelope from them.

[Liz Irwin]

Help anyone....Im really confused now. I was wating for missing statements which wont arrive now as Abbey will suspend ..pending outcome of test case. However Im not stopping now!!.

Im going to estimate charges for missing months but dont know how to add these to spreadsheet for calculation of charges. Can anyone help? My court date is 18 September and until I here from court that there has been a stay Im going to carry on with preparations.

[ICY]

You WILL still receive your statements, whatever happens they still have a duty to comply with the Data Protection Act and if they fail to do so then they should still be reported to the Information Commissioner i wouldnt estimate the charges i would hang on for them, try emailing pam.speed@abbey.com give her the dates you are waiting for and try to push her along, a lot of people have had success emailing her

[Liz Irwin]

Thanks Icy, I will do that and hope for the best.

[Liz Irwin]

can anyone help again please. I finaaly received my missing statements from Abbey and when I added these to the charges calculation, the amount is about £1500 more than my original claim. I know I have to apply for an amendent but not sure how to do this or how much it costs. When I rang the court to ask, the lady I spoke to was a real witch. She said " Oh i shouldnt bother with all that as the judge is looking at all the cases individuallyand will either stay the claim or strike it out." Must admit I did panic again but then I realised she's probably like one of those Doctors receptionists who know more about your illness than the Doctor!!

Also when will I know if the case has been stayed? Ive had the letter from Abbey saying they have asked for this but should I appeal to the court against this.

[Liz Irwin]

Please can anyone reply. I need to sort this out ASAP.

Grateful for any help

[Michael Browne]

First thing is to sort out the stay:

 

Stay, Application for removal of: UPDATED

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE

 

Stays re: OFT Test Case - Info & Guidance

http://www.consumeractiongroup.c o....-guidance.html

 

If the stay is refused, ie the claim goes ahead, then you will need to amend the claim as well

 

If your claim is stayed, there would be no immediate need to amend the value, unless the new charges could be time barred by the time the OFT case is decided

 

See here for guidance to amending your claim:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

 

Re:N244:

Top left hand box:

 

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to the above claim in respect of the claim value

 

(because....) I have become aware of further charges levied and therefore there is an increase in the value of my claim

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to my particulars of claim.

 

(brief explaination of why the amendment is needed, etc...............)

 

Please find attached to this application my particulars of claim, as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant

[Liz Irwin]

Thanks Michael, Just looked on the Thread and Rawtenstall County Court is "still Unclear " regarding a stay. Do I wat I submit the application for removal of stay when the court opens on Tuesday ?

[poppynurse]

I would wait until the court sends you an order of stay and then appeal, or if that doesn't happen take the stay arguments to your hearing in case they apply for a stay on the day

[Liz Irwin]

Help anyone, cant open the basic court bundle. Can anyone e-mail it to me please

In grateful anticipation

[Liz Irwin]

Its OK Ive managed to open it.. saved it before but I forgot

[Liz Irwin]

Really panic stricken again folks. And confused. As yet I have no idea whether my Judge is ordering a stay or not. Rawtenstall County Court if anyone can help??

Ive got the Court Bundle together needs to be in by 4 September. Court Hearing on 18 Sept.

If I dont hear before the date as to whether or not the stay is going ahead or not, and the stay is then refused, wont it be too late then to amend my claim. Please help, theres about another £1000 resting on this!!!

[Liz Irwin]

Anyone out there?

[Liz Irwin]

Help please, just completing court bundle to hopefully send off tomorrow but one or two questions to be answered if you can....

1) Checking through witness statement --where it says and a further daily rate of £.... thereafter (as particulars of claim ) what do I put??

2) where do I find tariff of charges

 

Think I may be up all night as Im so thick!!

[Liz Irwin]

Help required again please URGENTLY, just completing court bundle Hoping to send off tomorrow but stuck again.

On the witness statement where it says

"further the daily rate of £** thereafter (as particularised in the Particulars of Claim);

what do I put..

Do I need to include a tarif of charges and where do I find one

 

I feel so stupid but want to get it right. Might be up all night at this rate

 

[Liz Irwin]

Can someone help with last message

[Liz Irwin]

Mnaged to wok out daily rate. Up till 3am sorting out bundles. Posted off the one to Abbey. Went to court to discover my case has been stayed. When I asked about an appeal the lady told me there was a charge for this about £100 she said . Is this right.

[Michael Browne]

An application to lift the stay using N244 is £35 without a hearing or £65 with a hearing

[sparky0107]

Really panic stricken again folks. And confused. As yet I have no idea whether my Judge is ordering a stay or not. Rawtenstall County Court if anyone can help??

Ive got the Court Bundle together needs to be in by 4 September. Court Hearing on 18 Sept.

If I dont hear before the date as to whether or not the stay is going ahead or not, and the stay is then refused, wont it be too late then to amend my claim. Please help, theres about another £1000 resting on this!!!

 

 

Hi Liz,

Don't know if this person has put any posts on this site, but if you look for a user called TANZARELLI, they have a list of courts that are going ahead with cases. If they're not on here try moneysavingexert.com, and send them a PM. Hope this helps you, also the question you were asking about your interest, it is the 8% interest added daily since starting your claim (I think)

 

Mark

[Michael Browne]

Don't know if this person has put any posts on this site, but if you look for a user called TANZARELLI, they have a list of courts that are going ahead with cases.

 

See here:

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/109936-find-out-here-if-19.html#post1105358

[Liz Irwin]

Thanks Michael, Find out here if your local court is staying claims

Rawtenstall County Court is still on the "unclear list" but the lady told me they have definately either stayed or struck out all claims. I was panicking and praying that mine had been stayed. When I asked why some cases had been struck out she told me it was probably because the claim had not been completed correctly. Thank God for CAG and everyone's help.

Do you know how to put Rawtenstall on the other list as a stay because I havent got a clue?

[Lula]

Hi Liz, wait until you receive something from them court and then you can have rawtenstall put on the list

[marcus2864]

Hya Liz I have a claim in the rawtenstall county court. My hearing date is on the 2nd october (about 4 weeks away) and yesterday received an order for the hearing to be vacated and a stay on the case until the outcome of the test case, no future date given for a review. Just looking into appealing at the minute.

[Liz Irwin]

Hi Marcus and Lula,

I got the letter from the court on Friday, after Id been in and tried to hand in my court bundle. It was waiting for me when I got home from work. Can it now be added to the list??

It says the same as yours Marcus and I too am going to appeal. Michael syas its £35 without a hearing but the court lady said something about £100 and that I have to apply for leave to appeal - what ever that means.

[marcus2864]

I've looked into appealing and in my situation i'm not going to proceed with it. I think it depends a lot on how the bank charges are affecting you and if they are causing you financial hardship that would disappear if you received the sum our claiming. Theres a lot of info on here in the stickys and from the mods to help with appealing and I got that view from reading them.

 

I also looked into the leave to appeal as it sounded strange, theres a lot of info for that is on criminal cases.

 

 

The legal term for leave is

 

Leave means ‘permission’. Some steps in legal action require the permission of the court. For example a losing party may be granted leave to appeal.

 

I'm not too sure if you do need to apply for leave to appeal and you should double check that or someone here could say. As far as I know you just need to follow michael's advice and freakyleaky guide here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Department for Constitutional Affairs - Review of the Court of Appeal (Civil Division)

 

Good luck with what you choose to do next will keep an eye out.

 

ps I would have been really annoyed to get a stay after getting my court bundle ready. I wasn't asked to file one for my hearing but was going to have one ready until I got my stay.