Abbey's new "no breach" defence

[BANKAVENGER]

Hi Garyh,

 

Thanks for that i think i'm going to apply to get there defence stuck out. How come my defence is different to every one elses its signed by a different person is only five pages long and has 13 sections.

 

Thanks from a very confused

Claire

[ohoh4312]

Elliejay - I have a copy of the old defence that I would be quite happy to email you. Let me know if you still need it.

 

Jo xx

[bp]

well mine is all done for the time being. I've applied for the defence to be truck out. AQ completed so Tues i'm off to court to hand it in.

 

Gary h i'm intrigued by your last comment. Can't wait to see what you have up your sleeve!

 

I did email our dear Inga a while ago who did say that she would be applying for a stay and in no way was i going to get a penny and the matter of penalty charges needed to be clarified which is why they are going to court, i did ask that if the matter was not clear at all, why did they apply charges and why do they continue to do so if they are unclear about the whole thing. Never got a reply.

[BANKAVENGER]

Hi,

 

Shall i wait to see if the court put on a stay on my case before i apply for the defence to be stuck out or doesnt it make any difference its just that i've shelled out £350 already and cant really afford much more.

 

thanks

claire

[Redrob]

OK, filling out the form atc...

 

I have a question, my overdraft has varied a bit since I had the account so where it says

 

i) There was an express term of the agreement that the overdraft would have a maximum limit of £XXXX

 

 

Should I actuall put

 

.....would have a maximum limit of £1500, although this varied over time

[GaryH]

Just put what it is now, or what it was when the last charge was taken. Don't put that it varied.

[Redrob]

Well, I've filed my N244 today. Was told I should get an answer in the next 2 weeks, which surprised me, expected it to take a bit longer than that, but we'll see.

 

Should I be sending a copy to Abbey? I haven't done so yet, but do have an extra copy that I can send.

[GaryH]

How many copies did you file at the court?

[Redrob]

Just the one, took it there myself. I had three copies but she only took one of them.

[GaryH]

Send a copy to Abbey then.

[lucyk]

hi... i am tryin to personalise the application to have stay removed/set aside... can anyone pls tell me whether i need to attach a witness statement. n.. where i might find a template one??..

 

gotta to get this in b4 31st.. so pls help..

[BANKAVENGER]

Hi Everyone,

 

Just rang the court this morning they have stayed my case Grrr!!!!!! Can i still go to strike out the defence?

 

How annoying the court said it wont be lifted til early next year!!!!!

 

I hate banks!!!!!!

 

Can someone please advise me of what to do next.

 

Thanks

Claire

[Sue Loftus]

Hi Gary

 

Applications to strike out - do the Abbey generally aim to settle if you file one of these? I have filed one and it is going to be heard at the same time as my hearing in September. That Inga woman at Ashursts doesn't seem interested in settling and I've had the standard letter regarding claims being stayed. So far my Court haven't received an application to stay. Just wondered if you might know the state of play seeing as I'm getting myself into a bit of a nervous mess here!

 

Cheers

 

Sue

[12thdomino]

Oh, I am really thinking of throwing the towel in, I am so confused

 

Last week I got two letters from the Abbey saying that they were appling for a stay, now I have a copy of a standard defence

 

If I ask for it to be struck out, as per the template on the first posting what evidence do I need?

 

Do I mention that the terms and conditions are not due to come into force until Sept

 

My head is exploding

[12thdomino]

Hi

 

Someone couldn't give me a copy of the old defence please - without any names etc

 

Then I could include it as an exhibit

[Redrob]

Hi

 

Someone couldn't give me a copy of the old defence please - without any names etc

 

Then I could include it as an exhibit

 

 

PM me with your E-mail address and I will send you the copy I have.

[GaryH]

Has anyone used the new part 18 yet?

[chuck2001]

I too have recieved the new defence and a couple of days later a letter from the court ordering a stay.

 

Has anyone yet had any success in the removal of a stay?

 

Chuck

[abroadgirl]

i have filled in my n244 along with letters for the judge and bbc statement and banking rules dss i have now seen a new copy of cpr 18 so what do i do do i just print it and send as i dont understand what i have to put in it thvm for any help

abg

[abroadgirl]

i have filled in my n244 along with letters for the judge and bbc statement and banking rules dss i have now seen a new copy of cpr 18 so what do i do do i just print it and send as i dont understand what i have to put in it thvm for any help

abg

[Redrob]

I called the court yesterday to check up on my N244 application. She said it would probably be another couple of weeks. I was told 2 weeks when I filed a month ago so don't really know how reliable this estimate is. Got the usual story about backlogs and lack of Judges.

[Night Owl]

Hi all,

please can someone advise on my claim against Abbey.

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/114812-night-owl-abbey-stayed.html

and

http://www.consumeractiongroup.co.uk/forum/abbey-bank/104320-night-owl-abbey.html

 

Received a stay now just got their defence, it's the new defence.

Court saying it will cost £65 for objection of stay N244 with hearing, she said £35 without hearing will be dismissed.

My local court is Gloucester.

Do I try CPR Part 18?

 

Thank you.

 

Unhappy

Night Owl

[GaryH]

Once a stay has been ordered the only action you can take is to apply to lift it - so that precludes you from issuing a p18, unfortunately.

 

I'll pop over and have a look at your thread now....

[lucyk]

Hi, does anyone know if there is any course of action that can be taken after a stay has been not lifted -ie been to court to try to have it lifted but unsuccessfully - do I have any right of appeal?

[GaryH]

Yes you do, if you seek leave within 21 days of the hearing - but its not at all advisable IMO. The chances of success are low and if unsuccessful you would be liable for costs.