hell-v-shabby

[hellhasnofury]

Hello all,

Just an update as to where I am up to with this load of shysters

I am waiting for a court date with them, after they set up a direct debit(unauthorised by me) in a account that I used to deposit cheques and had my child tax credit paid into. I only ever used the hole in the wall to get money out maybe for xmas or birthdays. I got a letter from them telling me I was £180 overdrawn and that if I did not paid it they would take me to court. When I started looking at the account they had taken my child tax credit as bank charges and claimed bank charges for there bank charges. the pr***s.

After my lba they did make a gowg of £280 and put it into my account and it was eaten up by they overdraft they had caused. Double pr***s.

I did write and decline their gowg and would accept it in part settlement not in the account, but a cheque payable to me.

Well I think you all know how the story goes

[hellhasnofury]

There defence was in today. load of usual blah blah. and no mention of their defence re the unathorised dd with cause the charges

[hellhasnofury]

Allocation now been sent to local court so be getting a court date soon

[Amethyst]

How much is the total claim for hun ?

[hellhasnofury]

How much is the total claim for hun ?

Only £500 but mine neverthel ess, but will increas when I go for the wasted court order

[hellhasnofury]

Hello all

Update, court date in 17 October:banana: going on the home straight now :banana:

[hellhasnofury]

Re: hell-v-shabby

Hello,

Shabby are very very busy, writing to all of their claimers with a letter telling them they will write to the court to ask for the case to be stayed, until the oft caseI do believe that some of these cases are still being heard, and it is down to individual courts to decide, not the banks.

Well, the interest will be accrueing, so what will be will be

[Tempty]

Re: hell-v-shabby

Have the court written to you yet hell?
sounds like you have a very similar case to mine!
the charges taken out of my account were also tax credits (working families, and Child) also had my Child benefit paid in to that account.

I had been given a court date in Oct, Only to be told later that the case had been stayed!!! I appealed with the help of the team here we used the tax credits act and social security act.......... and won! found out yesterday my case has had the stay overturned!!

Take a look at my Natwest thread... details are there.
Most of all....... DON'T PANICK! even if you get a stay with those circumstances you stand a good chance of getting it overturned. As long as you act quick enough.

keep us posted
Temptyxx

[hellhasnofury]

Re: hell-v-shabby

Have the court written to you yet hell?
sounds like you have a very similar case to mine!
the charges taken out of my account were also tax credits (working families, and Child) also had my Child benefit paid in to that account.

I had been given a court date in Oct, Only to be told later that the case had been stayed!!! I appealed with the help of the team here we used the tax credits act and social security act.......... and won! found out yesterday my case has had the stay overturned!!

Take a look at my Natwest thread... details are there.
Most of all....... DON'T PANICK! even if you get a stay with those circumstances you stand a good chance of getting it overturned. As long as you act quick enough.

keep us posted
Temptyxx

Hiya Tempty,

Thanks for the info. I have not heard one word from the courts yet. I will read your thread and act quickly:banana:

[Amethyst]

Re: hell-v-shabby

Have you actually had your claim stayed as yet Hell ? Or just the notice the bank will be applying for the stay ?

[hellhasnofury]

Re: hell-v-shabby

Have you actually had your claim stayed as yet Hell ? Or just the notice the bank will be applying for the stay ?

Hiya Amethyst, Have heard nothing from the court as re the stay, so its looks like it still may be on:banana:. but as we know it may take some time for a letter to come, so fingers crossed.

Ta for asking

[Amethyst]

Re: hell-v-shabby

Cool Let us know as soon as u hear anything...

[hellhasnofury]

Re: hell-v-shabby

Hello everybody,

Just an update, I have rang the courts and its still on. So have downloaded the court bundle, took me hours and presented to the court yesterday. Sent the shabby there copy. so roll on the 17th. Bricking it really, best start reading my court bundle so when the judge asks me something. I don't go DDDRRRRR eh pass.
Will be ready if the shabby lot try to ask for a stay on the day. They best not, I will end up being bound over for gbh and breach of the peace.

My complain with the abbey that I have raised to them in correspondence, is the fact the account was a saving account. They set up a unauthorised DD and took my child tax credit. When I question them after they sent me a letter threatening legal action because the account was £180 overdrawn. They went oh dear, repaid me 5 DD payments under the DD guarentee policy, They had taken 12 of them, but failed to give me back any penality charges.

They obviously don't read the letters or the poc and just send out a template defence. They offered me a gwgp and even them I did highlight the facts to them.

We will see what happens on the 17th.

I am write to the judge to ask if they attempt to stay the case It should be heard on that basis. Oh and I might give the shabby a bit of a nudge too.

[Tempty]

Re: hell-v-shabby

Hi Hell
have you received a bundle from them yet? with only 7 days to go you should have it by now....post strike or not!! was there a date for bundle to be in?
I would point it out to the court if you haven't received it by tomorrow..... might be worth asking for it to be struck out if they haven't complied with directions.

[hellhasnofury]

Re: hell-v-shabby

Hi Hell
have you received a bundle from them yet? with only 7 days to go you should have it by now....post strike or not!! was there a date for bundle to be in?
I would point it out to the court if you haven't received it by tomorrow..... might be worth asking for it to be struck out if they haven't complied with directions.

Hello Tempty,

Thanks for your post
No I have not received any court bundle from the Shabby, and they had to be in 14days before the court date of 17th October. So It should have come before the 3rd of the month.

I did email the lovely inga.kirkman@abbey.com to give them a last chance before the court date and this was her response/

"Without Prejudice"

Dear Madam,

Thank you for your email.

Whilst Abbey National Plc appreciates your offer, we are instructed to reject the same.

At the hearing on 17 October 2007, Abbey National Plc will be seeking a stay of your claim pending the determination of the test case as described in its letter to you dated 7 August 2007.

Kind regards,


Inga Kirkman
Senior Associate
Solicitor, NSW

I will wait to tomorrow for the court bundle to come and then ring the court on Friday. If I wish to reclaim costs incurred in preparing my case and court bundle, do I apply to the court now or wait to the day and ask for this to be taken into consideration.