clippy v abbey

[psm]

Trouble is Abbey will ignore anything you send, they will send an ill prepared local solicitor to court to apply for a stay, the judge might, raise an eyebrow at the defence solicitor for Abbey not complying with his directions. It is down to you give the judge the ammunition and reason to give Abbey a bloody nose. start preparing now for the hearing get your arguements against the stay together pratice them. The better prepared you are the more relaxed you will be on the day.

[TUTTSI]

Hi Clippy

Just returned from a few days away so have been unable to help you. You do need to contact Gary who will give you the link to his letter to the COURT, advising them that Abbey have not done their bundle, not sure when you do the Abuse of process, I guess one job at a time.

As time is now quite short, you need to get this letter to court urgently and marking it as extremely urgent with Court date....... on it. Hand delivering it to the court could ensure that they match it to you file and hopefully DJ Gerlis will have time to see this before the court date.

All the best DS

[Clippy]

Thankyou both for the advice! I am so bogged down at work at the moment I don't have a second to myself, boss is away and I seem to be up to my neck in stuff. I am so stressed. I just want this court date over with. I am sending a letter to courts, abbey and their solicitors advising them that I have not recieved any papers from them regarding the case. As you say Psm I will go over my speech for the day (If I get the chance to make one!) I can only do my best. I have had an interview today about going onto a debt management programme. I could really use the money from Abbey right now. It seems so unfair that my overdraft is so big because of their unfair charges. There was an article in the evening standard yesterday saying that Abbey customers are more likely to get charges than other banks. Anyway rant over! I have so much to do at work tomorrow I need some sleep now. Only 7days to go. goodnight

[psm]

I feel for you clippy, when the pressure ios on from more than one front it is hard to think clearly. Avoid any rash descisions afterall they can't shoot you and debtors prison is a thing of the past. Not wishing to add to your woe, but this might keep you going. I saw a news article on the BBC breakfast programme yesterday saying that because of the OFT case and the resulting stays the banks are going to make around £20m interest on the money they don't have to pay out. So if your case has been stayed keep charging the interest.

[Clippy]

PSm sorry I only just read your reply. Thanks for your thoughts. The more I read into this subject the angrier I get. I am off to court tomorrow and I leave with an open mind as to what will happen. I really hope I can hold myself together when the whippersnapper from Abbey shows up to ask for a stay! Anyway I am in the process of swapping my bank account now so that shabbey cannot get their hands on my salary anymore. Good feeling I can tell you. I just wish that all banks WEREN"T the same. Anyhoo, off to court tomorrow and will hopefully be given the opportunity to give them my side of the story. Have written another statement to take with me re the human rights, complexity of issues thingy. 3 copies to hand out. I have so many things going round in my head now! Hope I get the chance to say something. Didn't sleep a wink last night so should sleep like a baby tonight! Keep everything crossed!

[TUTTSI]

PSm sorry I only just read your reply. Thanks for your thoughts. The more I read into this subject the angrier I get. I am off to court tomorrow and I leave with an open mind as to what will happen. I really hope I can hold myself together when the whippersnapper from Abbey shows up to ask for a stay! Anyway I am in the process of swapping my bank account now so that shabbey cannot get their hands on my salary anymore. Good feeling I can tell you. I just wish that all banks WEREN"T the same. Anyhoo, off to court tomorrow and will hopefully be given the opportunity to give them my side of the story. Have written another statement to take with me re the human rights, complexity of issues thingy. 3 copies to hand out. I have so many things going round in my head now! Hope I get the chance to say something. Didn't sleep a wink last night so should sleep like a baby tonight! Keep everything crossed!

 

Hi Clippy, just wanted to wish you all the best for tomorrow, I will be thinking of you.

 

As I understand it DJ Gerlis is away and not back till next week. I only know this as My hubby has received 2 stays this week from Barnet on his personal and business account claims with HSBC and a lady that works in the offices told him to send in a letter which she will put before DJ Gerlis on Monday, as business claims do not rely on the UTCCR's and this is not subject ti the test case. He popped down to the court this afternoon with a letter so hopefully, please, fingers crossed, DJ Gerlis will uplift the stay on his business claim.

 

DSxx

[Clippy]

Thanks Ds. What a shame I won't get to meet the legendary Gerlis. Doesn't really bode well for me though does it? Anyway even if a stay is ordered at least the stress of the last few weeks can fade for a while and I can stop being the hermit i've become lately. I really hope you can get the stays lifted on the accounts you mentioned. Things aren't looking so good for everyone at the moment are they? But like I said I will go with an open mind and just see what the day brings. The worst thing is that when I get back I have to clean my house! Its forgotten what a hoover looks like!

Clippy x

[psm]

Good luck for tomoz clippy. If you want some fun, try to keep refering to extracts from your bundle especially the breach of contract, maybe direct a question at the defence solicitor with the words "As you can see in my bundle.............. Try to show the judge that the defense solicitor has come without your bundle or any papers whatsoever. Make em squirm before they get their stay. Whatever happens you have done well getting this far.

[Clippy]

Well, Just got back from court. I now believe that the whole Judicial system is a complete waste of time. I arrived promptly for my case and looked on the boards for my name and which court I would be in. I couldn;t find my name anywhere. There was one other Abbey case but nothing with my name on. I went up and down asking various people what I should do when I finally found the usher, he looked up my case number and realised that it had been entered in the wrong name! Imagine that. As expected spotty whippersnapper turned up for Abbey and tried to talk me out of going into court. I told him I was going in regardless. The Judge was not the one I had on my papers and when he started telling me that there had been a stay put on all bank cases two weeks ago, my heart sank. I should have been sent a letter he said. Also staff had been instructed to call all claimants the day before to confirm the case was stayed. No phone call here.He then asked me If I wanted to contest the stay and I said yes. When he asked me on what grounds I said that not everything in the OFT test case related to my case as I had set out in my bunldle. Embarrassed faces all round. Not even the judge had a copy of it! I couldn't believe it. He asked me if I had delivered my bundle to court.

I said of course I had but that Abbey had not delivered theirs. He then apologised and said that I should apply to the courts for costs. He then went on about the test case and blah blah blah about the case being stayed until Feb 2008 when they will make a judgement on the first instance and how expensive it would be for me to take the matter to high court etc etc. Went to court office to ask how I claim for costs and was told that because I had no contact details????? They were unable to call me yesterday. Hello case stayed 2 weeks ago where was my letter? I sent a seperate letter last week in anticipation of this scenario with all my phone numbers on incase they had to contact me. What a waste of time.

Didn't get a chance to speak out and Abbey have slithered out of yet another abuse of process. Anyway nothing to do now but wait.

[Sue Loftus]

Clippy I'm appalled! It really does seem as if the judicial system doesn't care about the little guy. The fact that the Court can't even contact you by post is awful. I'm sorry your trip to Court was such a waste of time. I've got my hearing on the 24th and as yet it isn't stayed (maybe because I have an application to strike out their defence being heard first) but I fully expect the Judge to allow their defence to stand and then stay the case:mad: Makes your blood boil when you think about it.

 

The interesting is accruing though eh?

 

Sue

[TUTTSI]

Hi Clippy

I am not surprised because of the two stays that hubby received this week. But I am extremely upset for you, after all you went through to get your bundles done, what a waste of time. I think you have good grounds to complain to the Lord Chancelors office as they SHOULD have notified you and at least 2 weeks before and especially as Abbey was there and they had not DONE their bundle the whole scenario is ridiculous.

 

The costs they talked about WHO IS GOING TO PAY FOR THIS!! and what exactly will they cover -minimal transport costs and a small amount per hour and you have had to take time off from work very unnessarily.

 

We have to figure a way to get them to lift these stays big time as February will be for us almost a year since we first started the claims proceedure on our current claims.

 

Have a cuppa or something stronger and when you have calmed down maybe someone here will have some ideas.

 

DSxxx

[psm]

Hi Clippy

 

Sorry to hear about the fiasco. This whole episode has raised a number of questions about our judicial system - due dilligence, impartiality, conduct of officialdom towards self litigators and the whole conduct of the banks/solicitors in there complete disregard of the justice system. So much is being made of the test case that I hope it lives up to its billing.

[TUTTSI]

Hi Clippy

 

Sorry to hear about the fiasco. This whole episode has raised a number of questions about our judicial system - due dilligence, impartiality, conduct of officialdom towards self litigators and the whole conduct of the banks/solicitors in there complete disregard of the justice system. So much is being made of the test case that I hope it lives up to its billing.

 

Hi PSM

 

Are there any threads discussing the points you raised to your knowledge as I sure would like to follow this up. There is something radically wrong with our judicial system to allow the big boys to BULLY the little peeps arround.

 

DS

 

DS

[Clippy]

Thanks eveyone for your support. I've had a few hours housework to gather my thoughts this afternoon and the more I think about today the more it niggles me. The fact that the judge didn't have my bundle makes me quite worried. I'll have to write to the court now to get them to confirm they have it there. The whole way that the system is geared towards the banks makes my blood boil. When I mentioned to the Judge that Abbey had not delivered their bundle it just went straight over his head. I think he was very embarassed not to have a copy himself. What with that and the fact that my case was under the wrong name makes me wonder what they are doing if anything. Actually come to think of it they were probably looking for the bundle with the wrong name on. The words p**s up and brewery spring to mind!

[Clippy]

I have recieved this today from Barnet County Court.

 

Upon Hearing Counsel for the Claimant and the Defendant in person

 

IT IS ORDERED THAT

1. The stay imposed in this case shall remain.

 

2.The order made by Disrict Judge Gerlis imposing a stay shall be drawn up forthwith by the Court, see attached.

 

3. There be no order as to costs

 

Dated 07 Sept 2007

 

I was wondering about the attachment in item 2 as there wasn't one.

I don't think I'm going to apply for a stay then as it seems that Judge Gerlis is determined not to hear any bank charge cases.

[TUTTSI]

Hi Clippy,

Have you made an application to have the stay lifted, If you receive any benefits and or are in financial difficulties there may be a way to get the stay lifted.

 

DSxx

[Clippy]

Hey DS I have decided to leave things be for now. I think the whole situation is so complex and also I was advised by the judge on the day not to apply to have the stay lifted. I'm quite disappointed with the whole thing. I am in the process of having my account switched over to another bank. I do not want Scabbey getting their hands on my salary again. I have also started a debt management programme as the bank charges are so crippling now that I cannot continue with things the way they are. Unfortunately for me I am not able to claim Tax Credits because of an overpayment that I am fighting at the moment so everything seems to have come to a big fat nothing. I'm quite happy to wait until the outcome of the case now as my debts are with Abbey anyway and they will probably use their right of offset and claw the money back. Obviously if anything changes then I will be right back in there. The judge did say that if I came across anything that I felt was relevant then I could write to the court for directions. The annoying thing is that my friend told me of two of his friends who took on their banks as a result of me doing it. They both got large settlement offers within a few months despite starting their claims well after me. It just seems like such a lottery!

I feel so sad for everyone after all the hard work that we've done and the hours and hours of reading and typing and photocopying. With the current financial crisis I hope the banks are feeling the strain because I have absolutely no sympathy for them whatsoever.

 

Sorry if this sounds miserable. I actually don't feel so bad but like many of you I feel so hard done by a system that is supposed to be there to represent us.

 

Good vibes to you all and may we all win in the end!

[TUTTSI]

Hey DS I have decided to leave things be for now. I think the whole situation is so complex and also I was advised by the judge on the day not to apply to have the stay lifted. I'm quite disappointed with the whole thing. I am in the process of having my account switched over to another bank. I do not want Scabbey getting their hands on my salary again. I have also started a debt management programme as the bank charges are so crippling now that I cannot continue with things the way they are. Unfortunately for me I am not able to claim Tax Credits because of an overpayment that I am fighting at the moment so everything seems to have come to a big fat nothing. I'm quite happy to wait until the outcome of the case now as my debts are with Abbey anyway and they will probably use their right of offset and claw the money back. Obviously if anything changes then I will be right back in there. The judge did say that if I came across anything that I felt was relevant then I could write to the court for directions. The annoying thing is that my friend told me of two of his friends who took on their banks as a result of me doing it. They both got large settlement offers within a few months despite starting their claims well after me. It just seems like such a lottery!

I feel so sad for everyone after all the hard work that we've done and the hours and hours of reading and typing and photocopying. With the current financial crisis I hope the banks are feeling the strain because I have absolutely no sympathy for them whatsoever.

 

Sorry if this sounds miserable. I actually don't feel so bad but like many of you I feel so hard done by a system that is supposed to be there to represent us.

 

Good vibes to you all and may we all win in the end!

 

Hi Clippy

I have today put in application for the stay to be lifted.

 

Now the clerk stated that another lift of stay was not granted on financial grounds. But as I have said to my hubby, it really depends on how the case was presented and we are not aware of all the facts.

 

I will have a jolly good go at trying to get it lifted and will fight my corner even if up against the almighty DJ Gerlis.

 

All the best

DSxx

[Clippy]

Hello DS. I hope that you can get the stay lifted but I got Judge Marin and he wasn't very positive about trying to do it infact he said alot of things to scare me into not trying! Things like that banks will bring in their top lawyers blah blah and high court costs etc. it makes it very stressful for the likes of us doesn't it? If you do try I hope you are successful. Bearing in mind Marin didn't even have a copy of my bundle!!

[Clippy]

Hello everyone. I have been absent a long time. I got so fed up after the court fiasco I could'nt face any more stuff about Abbey. I hear that the OFT case has started or will be starting today. Had a quick look through the threads. It seems like alot of you are still in limbo too. I am now in debt management as Abbeys charges took up all my overdraft! I haven't heard anything from the courts since my visit back in September. I started this whole thing a year ago almost to the day. Can you believe it? Anyway I wish you all well and lets hope that the outcome of this case goes in our favour. The interest must be quite something now!

[Lula]

Clippy, are they persuing you for the debt even though the account is in dispute or are these new charges? if they are new charges it might well be prudent to file an N244 adding all the new charges on,

 

Have you thought of a parachute account to take control of your money?

 

You should put the whole account in dispute.

[Clippy]

Hello Lula. I have already switched banks some time ago. My overdraft is still with Abbey though. My salary is paid into my new account for about the last 4 months. I wish I had done it ages ago to stop them getting their grubby hands on it. My debt management company are paying a set amount into the account every month. Its not the ideal solution but I can sleep nights and hopefully when we all get our money my account with abbey can be closed.

Its nice to hear from you though!

[TUTTSI]

Hi Clippy, yes we are all in the same boat. My hearing to lift the stay was greeted with at Barnet was that all cases were to be transferred to Central London Courts to be heard at bulk hearings at the request of a Judge. This cases are being stacked up waiting for the outcome of the test case.

 

Now the Test case should have been held at the High Court and was transferred last week to a building in Fleet Street as it appears they had a shortage of courts also this new building has only 11 places for the Public and Press, the Judge then wanted 2 days to read the papers and the case was due to start tomorrow (Wednesday). But guess what, the case he was on the jury are out, so now they are saying it looks like starting on Thursday. So has he had a chance to read the papers. Now it has been decided that only the press will be able to gain access and no public, so it is already turning into a fiasco.

 

DS

 

ps Happy new yearxx