YTTP V Abbey x3!

[yourturntopay]

I have 3 claisagainst Abbey going through the court at the moment.

 

One has been transferred to my local wourt and I am waiting for directions o what happens next - although i have already sent in a request for a stay to be denied (but apparently Abbey have't asked for a stay -yet!!)

 

The other 2 are in MCOL system. One was defended on the 14th Aug and has been stayed the other is due to defended by the 29th August.

 

MCOL informed me that the claimant has 14 days from the date of directions to appeal against a stay. In this instance the claimant does not have to pay for an stay to be appealed, but should the stay remain, then you will have to pay to appeal then refuseal to lift the stay.

 

I guess the advice is that anyone who has a current claim waiting to be acknowledged/defended get your stay letters ready to be sent in.

 

What is the current letter we use and what do we send in with it please???

[ukaviator]

Hello YTTP

 

Have a good read around the link below, this should explain it to you.

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/108430-stays-info-guidance.html

 

This covers all banks. .

 

Uk

[yourturntopay]

Thank you for those linbks. Which is the best one to use? I am on benefits, but they are not paid into my Abbey Account as Abbey have mucked me about so much i can't risk paying them in there and never seeing them again!!

[ukaviator]

Post 4 on the link has a paragrapth about the Social Security Act, so i would look closely at that one, and adapt it to suit you.

[yourturntopay]

Thanks. Letter now typed and awaiting posting. Will let you know what happens.

 

Once again - thank you for the help

[yourturntopay]

I received a new defence from Abbey this morning (for claim 6). How do i respond to it - the claim was field via MCOL

 

1 On 27 July 2007 a test case was issued in the high court between the OFT and a number of banks (Namely Abbey Nationals, Barclays Bankplc, Clydesdale Bank plc, HBOS plc, HSBC Bank plc, LLoyds TSB bank plc, Nationwide Building Society, and the Royal Bank of Scotland Group plc (which owns National Westmister Bank plc and The Royal Bank of Scotland plc) in relation to the recovery by personal current account customers of charges paid by them to the banks in circumstances where they seek to make payements for which they have no available funds, commonly known as unarranged overdraft charges.

 

 

2 Pursuant to the Order of District Judge Murdoch dated 13th August 2007, the defendant request that this claim is stayed until further Order pending the final decision in the test case.

 

 

3 The defendant intends to defend this claim and we will file a full defence within 28 days of the stay of proceedings expiring.

 

4 In the meantime, it is denied that the claimant is entitled to the relief claimed or any relief whetrher as pleaded or at all.

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[yourturntopay]

Can anyone help me with this please?

[yourturntopay]

Still need some help please.

 

MCOL have accepted this as a defence - how do I repsond to this - Do i send the standard Stay lift letter?

[yourturntopay]

I still need some help please???

[Lula]

I am bumping this but I think that you should take note of the thread about arguing that the stay should be lifting and as you are benefits you should be able to use the argument about "financial hardship" I am confused though, do you have 6 claims going through ALL for Abbey? if that is correct then I am surprised that they have not all been amalgamated.

[yourturntopay]

As my total claim against Abbey was for around £25,000 (charges and unauthorised CI) I split the claims into 6 and spread the claims 3 weeks apart.

 

I have already received settlements on 3 of the claims at around 85% (with unauthorised CI), but the last 3 have been caught up in the OFT stays.

 

I have 1 at my local court which was stayed yesterday, and 2 held at MCOL. I should imagine that once the stay is lifted on the cases, they may be almagated????

 

When the case was transferred to my local court I sent in the letter asking for the stay be denied using financial hardship argument, but the local judge dismissed the argument and granted a stay anyhow.

 

If he has already dismissed the argument, what else can I do to get the stay lifted