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HELP NEEDED A.S.A.P plz


Ladidi
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It went back to the Judge on 11/09/07 Kia, I found out the week before the Judge had stayed my case and I was waiting on the papers that confirmed the judge "Staying" my case.

I telephoned the court on Monday this week and thats when I found out about it going back before the Judge on 11/09/07 but no known reasons as to why. It was then I asked if it had anything to do with what was reported about the OFT not going to continue with the case which was reported on the 11/09/07 and the court official said she had no idea.

I telephoned them about an hour ago to get an update and she said it was still with the Judge, so I`m kinda hoping for a miracle that something comes back to tell me that I have won and it is over with, well a girl can hoope cant she?

Ladidi

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I had to wait on the phone for 5 mins while she went to check and then she came back and said I`m sorry it is still with the Judge it ahs not came back down yet.

 

Well I will wait and see, but seeing as I`m waiting long enough I reckon the I`ll win Lotto first before the bank pays up. haha

Ladidi

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Morning all,

 

Well I have received directions from the Judge and gues what he did? Yep you guessed right, he "stayed" my claim :(

 

This is what the directions have said..

 

Before District Judge Lascelles sitting at Sunderland County Court.

 

Upon receiveing papers in this claim identical to those likely to be the subject of proceddings in the commercial court between the office of Fair trading and certain financial institutions ("the test case") pursuant to an agreement made on 25th July 2007.

 

IT IS ORDERED THAT

 

1. This claim be stayed until one calander month after final judgement in the test case (including any appeal) on 31 October 2008, whichever sooner.

 

2. Either party may upon notice to the other apply to lift the "stay" at any stage up to the earliest of the two dates provided for in paragraph 1. above.

 

3. If no application is made to lift the "stay" or seek further directions before the earliest of the dates provided for in paragraph 1 above the claim shall be dismissed without further order.

 

4. Because the order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with the appropiate fee) to arrive within 7 days of this service order.

 

Dated 12 September 2007.

 

Well I guess that puts paid to everything, no point in appealing as I have not seen one person win on appealing except for the Judge to state, that if he makes the bank pay out and they should not have done so and they win the test case they have the right to take you back to court to reclaim it, words to that effect..So I guess I`m joining the same queue as the rest of you waiting for the OFT to get their fingers out fo their a**es..

 

The bit that pains me the most, is the fact that we all now have to wait until October 2008!!!!!! as if 6 years and all the earlier years of lost monies was not enough to have wait! So much for this being for the consumer...more like for the flaimin bank to make even more monies off during the process...Just for further information as to how far I got in the process everyone, I got as far as submitting my AQ in which both sides submitted and thats when the Judge "Stayed" it..:(

Ladidi

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oh so sorry love i know exactly how u feel it seems as if this is all to please the banks doesnt it cos i cant see what were getting at the moment can u they get to keep on charging us we dont get to have there charges stayed do we so we keep paying and the banks feel like there winning at the moment grrrrr:mad:xxxkia

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Well good luck anyone else who gets abit further than the rest of us have done so far, but somehow I cant see it, I think from here on it will all now be down to the test case and there will be no more payouts till that happens...:(

Ladidi

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  • 2 weeks later...

Evening all,

 

I just thought I would pop in and see how things are going if there has been any changes. From what I have read on here and what is happening lately, the only thing I can suggest to new claimaints and people wanting to claim, is get your claim registered let the banks know you will be wanting to claim back what is rightfully yours at the end of the test case but in the mean time dont build your hopes up into seeing any of it any time soon!!!

 

The way things are going we are all in for along wait!!!!!

 

But as some others on here have said it...

 

 

Mr bank Manager...Thanks Very Much !!!!!!!!

 

KEEEEEEEEEERRRRRRRRRCCCHIIIIIIIIINGGGGGGGG!!!!!!!!!!!!!!!!!!!

Ladidi

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hiya long time how you been the knitting circle still looking for recruits failing that theres always the bear garden were i seem to spend alot of time these days ;)xxxkia

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Something that might help all of us.

My son went for a part time job with Nationwide he was given a test.

 

He and his friends had to make 5000 key swipes in 5 minutes.

 

we had a D/D paid by Abbey even though that put us over our overdraft, cost for this £30 and because we went over our overdraft we were then charged £20 = £50 for 1 D/D.

How many key swipes 248 = 20 seconds work according to Nationwide maths.

3* 20 seconds = 1 minute = £150 = 60 seconds in a minute = £9000 per hour!

 

Think my maths is correct?

 

Marks Please?

 

From 'The Grim Reaper'

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Hiya Shaun,

 

What you ve told is what we are all contesting, but if you do the maths again and the times that total per however many memebers of staff doing that particular job they are making more money per day than I make in a year!!!

 

Not a bad job if you can afford to open a business doing that, you`ll be minted before the end of day one!!!!!!

 

The only banks can get rich these days is take it off those that can lease afford to lose it! Its the Governments fault for allowing and for not taking into consideration the least well off when they keep bumping their so called "Tax" hikes and costs of living!!

 

I am worth more dead than alive!!! then the greedy government will want a share in whats left behind too!!!

 

Says a lot really, costs you nothing to get made, just lots of fun and excitement, after that £££££££££££££££££`s all the way!!!!!!

 

I can remember you spending £30 -£50 once upon a time on your shopping and coming home with near enough a months worth of groceries, now you be lucky if your shopping lasts the week for same amount spent!!

 

Governments got greedy, they over spent and then screwed us all over to pay for it and then the banks jumped on the same band wagon and the government knew what tey was taking was wrong and illegal and said nothing, why???? Because they knew they would be getting more money from them through us!!!!!!

 

If we all get our money back, they will be finally listening to the voice of consumer and doing whats right, but somehow I doubt it!!! as reported they stand to lose too much money and lose face and they cannot afford to do that and the government will not allow the consumer to win because it would open all kinds of doors, Hence why we are hearing of the OFT trying to cut a "Deal", a "Deal" in favour of the consumer!!!!! I doubt it!!!

Ladidi

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excellent maths 10 out 10 bet you were good at all them ones if you had a bath full of water that emties at so much a min how much is left after an hour i was hopeless at them ones no cse maths :Dxxkia

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LMAO Kia, I think my daughter would have the same reply as you did, she is bright a funny and gal as she states "dun ask me maths questions, I failed, DUH!!!" LMAO.

 

She is gonna retake it though..mebbe you shud do tha same as she wud put it...hahaha

Ladidi

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  • 3 weeks later...

We are currently going through the small claims process and I have my Proof Hearing at the Sheriff Court on the 14th November but I need some help in gathering evidence to help with my claim. I have to have my evidence for the proof hearing lodged 14 days before the case is heard.

 

I am one of seven allowed in Scotland at the moment, to proceed with my claim even though the test case south of the border is ongoing. I rejected the sist on claim by the Abbey and the Sheriff ruled in our favour allowing the actioin to continue. I have since, lodged an incidental application for the recovery of documents specified in the specificatin of documents process.

 

I managed to get the Sheriff to allow 3 specifications, these were:

1. all computer records, files, documents and financial accounts relating to the contract between the parties in order that excerpts may be taken therefrom at the sight of the commissioner showing or tending to show: a) the contractual terms under which the charges in the pursuer's schedule were payable. b) showing when and on what basis the defender calculated or estimated the amount to be included in its contractual terms in respect of those charges. 2. failing, principals, drafts, copies or duplicates of the above or any of them.

 

As stated any help in producing evidence that will help my cause would be grately received. any T&C's, publications, ways in which to win!!! I am only due £457 but the Abbey I don't think are going to let this one go. They would have already spent £1000's in preparing their case as we have been to court three times now!!

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Hi Harbouretta,

 

I dont think the Abbey are going to let any go if they can help it! At the end of the day they see themselves as a business and will take your money by any means if they have to and they dont care.

 

If you check on the headings of this site you will see all the info you need in your preparation to take on the abbey at court.

 

Good luck you to you, I hope you win your money back because at the end of the day it is your money and not the banks.

Ladidi

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Evening All :D

 

I have a couple of questions having been kept up to date with all the goings on in here and wathcing out for developments on the "Test" case.

 

 

A) If you have already had you case "stayed" by the court some time ago can you write to the courts and ask them to reveiw this earlier rather than later?

 

B) I read somewhere, I cant exactly remember where, that a Judge had said that if we rule in favour of the consumer on the appeals etc and if the Bank wins the "test" case they have the right to take you back to court to obtain their money back which is half the reason courts are now saying that they will rather "stay" all claims rather than hear them on their own merrits.

Ladidi

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Hiya,

 

the only reason that the courts will lift the stay at the moment is if you can prove financial hardship.

 

As for the second bit, hmmm thats a sticky one, basically what you are sayingis if the banks win they could claim ALL monies back, which isnt very likely as they have either been awarded in court or paid out in settlement prior to court action.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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LOL, Yeah I do Lula, Thanks. :D

 

I am so peed off with the system and everything else as I am sure everyone and more are probably in the same boat, it is just so damn annoying when they tell you to appeal your stay and you see people who do and the judges dont hear the arguments on their own merrits and award a stay again in favour of the banks! :-x

 

Ladidi

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Hmmm, You got a point there. Although as for appealing under financial hardship, although they tell you to appeal and send in all information they dont bother to acknowledge the information given or said, I think the important bit they are forgetting is that when they banks took the monies going back 6 years they have already caused the financial hardship and therefore should make the payouts owed without any more undue stress to the consumer they have already caused. After all people wouldn't be making the claims if they hadn't been ripped off in the first place. They and the government and everybody else for that matter have known for a long time what they was doing wrong. And now we are all doing something about getting back what is ours, hell they say, sod that we will all go to court and make em all wait a bit longer so we can invest the monies owed and still have massive gains on the backs of the mugs who bank with us.

 

After all if the banks are arguing that they are fair and entitled to the monies they have taken then why? have they paid out the vasts sums to the consumer they are stating they are fair and just.

 

They dont have a case to answer and they dont have one to win. The whole damn thing stinks to high heaven from start to finish. I am owed a fair amount of money and I have to wait for god knows how long to get back what is mine which would come in handy a pay off a few bills and allow me to debt free. Yet if I owed the bank you can be sure as hell they wouldn't be waiting as long as they making me wait and they certainly wouldn't put up with all the pathetic stalling tactics they have laid in my way since day 1 week 1.

 

God I sure as hell hope I win the Lotto one day then I can get out of this god forsaken pathetic country they call "great Britain", they only thing "great" about living here is all the money you earn dont make no plans for it cos between the governments and every day living and the banks who sure as hell love you to put your wages into your account just love taking it back off ya to pay for their lives of first class luxury and high inflated salaries and exspenses etc etc just about anything they can think of to get their hands on your hard earned money!!!!!!!!!!!!!!

Ladidi

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  • 1 month later...

Hi Everyone

 

Does anyone know anything about the OFT telling the banks they have to repay all charges they have claimed from their customers going back 6 years without argument or face a £25 million per day fine! with effect of this wek!!!!

 

I have searched everywhere to see if there is any clarification on this and cant seem to find anything so I dont know if it true or just some word of mouth spread and got bigger as it went round.

 

I was told it was a story advertised in the "Metro" freepaper here in the northeast which how I found about the first paragraph, but before I get my hopes up on all this coming to an end I wanted to find some clarification to see if anything was true, but I have been unable to find anything, so I thought I would anyone in here if they have heard anything. If you have please feel free to share.

 

Many Thanks

 

Ladidi

 

P.S A very merry christmas and a very happy new year to you all :D

Ladidi

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Hello there, well that little gem got my attention, The test case does not begin until January, so I think if this had happened then it would have been splashed all over the national news (with all due respect to Metro). I think that someone was pulling your chain :-)

 

 

A very merry christmas to you too:-) nice thought though eh?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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