How do i proceed? fuzzy v Abbey

[fuzzybrain]

I have 3 claims that are stayed at present.

Kent courts are yet awaiting a decision from the senior judge as to what to do with claims, and apparently that decision is due any day.

My stays runs out n the 1st April and apparently the court will make a direction then, so i want to be prepared!!

The POC i submited for all 3 was as follows:

The Claimant holds acc no 42610642 with Defendant. From Oct 2002 to Dec 2002 Defendant debited charges iro of purported breaches of contract. Defendant has been supplied with list of charges and interest. Claimant contends: a-The charges exceed the Defendant's losses caused by such breaches; b-The Term permitting the Defendant to levy such charges is unenforceable under Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. c-If charges are a fee for a service, then they must be reasonable under S.15 of Supply of Goods and Services Act 1982. Section 32(b). Claimant claims: a- Return of amounts debited of £604; b- Interest of 28.7% - £4,395.98 as per Defendant's rate of interest; c-Interest under sec 69 of the County Courts Act 1984 at the rate of 8% up to the date of judgment or earlier payment at a daily rate of £1.10
All default notices to be removed.
Costs allowed by the Court

Any ideas on what i do next pleaseeeeeeeeeeeeeeeeeeeeee

[Amethyst]

Re: How do i proceed?

a-The charges exceed the Defendant's losses caused by such breaches; Out (high court ruled they arent breaches)


b-The Term permitting the Defendant to levy such charges is unenforceable under Unfair Terms in Consumer Contracts Regulations 1999 (s'ok you can claim under 5(1) ) Unfair Contract Terms Act 1977 (irrelevant) and at Common Law. (nice and unspecific there but penalty's under common law are out)


c-If charges are a fee for a service, then they must be reasonable under S.15 of Supply of Goods and Services Act 1982. Section 32(b). I still am not sure on this - my thoughts are that the court found they arent a fee for a specific service (find the paragraph in the SC judgment about Barclays only charges 3 times a day so not related to a specific service)

Abbey may also have arguments on misrepesentation - have a look at the terms in 2002 then the terms in 2007/8......


As regards to what you do, only you know if you understand the new arguments and if you have specific instances of unfairness. Have a read through the stickys in the bank charge claims in court forum. (which is where I'll move this thread to)

[fuzzybrain]

Re: How do i proceed? fuzzy v Abbey

Ok have received this from Abbey, so I guess an answer as to what my local courts are doign is expected quite soon.

I want to keep going - where do i find the new arguments and is there a dummies version for me to get my head round???

[Amethyst]

Re: How do i proceed? fuzzy v Abbey

I think everyone will be receiving these generic name change (Abbey to Santander) and strike out claim letters over the next few days. I'll put a 'warning' up for people generally.

Okay in your case now you know the bank have applied to the court you need to inform the court that you do wish to continue.

As it is a letter rather than a formal strike out application I believe you are okay writing to the court in the first instance.

The court will then send you an order, either saying you are struck out, in which case you apply to set that aside and amend POC's, or saying there will be a hearing to hear Abbeys application to dismiss - in which case you enter a witness statement in defence asking for permission to amend POCs and your amended POC.

[Amethyst]

Re: How do i proceed? fuzzy v Abbey

Right sugarlump

outspoken vs abbey - *** SUCCESS ****** - Page 4 - Legal Beagles
Is that the same account ?

Need you

1) Original POC
2) any other documents / forms/ aq's / letters filed with court
3) Stay order from court
4) Schedule of charges - updated and showing the refund from hardship if applicable
5) Your hardship letters and IE sheets and a brief overview of specific unfairnesses.
6) Also can you list the three claims, the amounts and anything relevant (as above really) and call them claim 1, claim 2, claim 3 then we will know where we are with each and if they need merging back together with the next stages.

In considering your case of finanical hardship, Abbey National Plc enetered into negotiation with you to settle your claim. Accordingly, we refer to your recent acceptance of our without prejudice goodwill offer to settle your claim in the sun of £3,327.98. We can confirm that payment in the agreed sum has been paid into your bank account and attach a deposit slip evidencing this.

[fuzzybrain]

Re: How do i proceed? fuzzy v Abbey

Thanks Hun - you are an wonderful star - as always.

Yes that is the 4th claim - have 2 more, once stayed at local court and one at Northampton

Haven't heard anythign from my local court - I rung them but they said they hadn't received anything from Abbey and wasn't aware of a strike out direction. They dsai they were waiting for the senior Judge for kent to make a decision regarding all bank claims.

Will post all of things up over the weekend - its my daughters 14th Birthday today and her party is tomorrow, so am caught up with that at the mo.

[Amethyst]

Re: How do i proceed? fuzzy v Abbey

Cool, have a lovely time tmw xxx

[TUTTSI]

Re: How do i proceed? fuzzy v Abbey

Hiya Fuzzy

When I went to court for my lift of stay NOV07 before the hearing the Abbey Barrister handed me the Canterbury judgement which had failed on all 4 claimants who all had very deserving cases, my case at that time was not heard and was as soon as went into chambers with the Judge I found my case was immediately transferred to Central London CC Court, where I had my hearing there eventually was in April 08 with Judge Ryland and I believe he was one of the judges that was mentioned in the Canterbury Judgement - from my memory. The Designated Civil Judge for Kent is Judge D C Mitchell (judgement dated Sept07)

I remember It was strange at that time as the Abbey barrister had dissapeared towards the Judges area 5 minutes before the hearing and came out smiling just before they called us all in and handed down the decision to transfer the case.

I was sorting out me file yesterday and came accross them so thats why it rung bells and this has opened my mind to some thing that was written in this judgement which I personally did not like. The same thing happened then the Banks did a blanket letter to all courts and this Judge admits this in his Judgement. This to me is very unfair and I will take it with me to work and on the train I will have another read of exactly what was said. I belive this was an abuse of the process?

Tuttsi

Thanks Hun - you are an wonderful star - as always.

Yes that is the 4th claim - have 2 more, once stayed at local court and one at Northampton

Haven't heard anythign from my local court - I rung them but they said they hadn't received anything from Abbey and wasn't aware of a strike out direction. They dsai they were waiting for the senior Judge for kent to make a decision regarding all bank claims. Now that is very extremely interesting?

Will post all of things up over the weekend - its my daughters 14th Birthday today and her party is tomorrow, so am caught up with that at the mo.

[fuzzybrain]

Re: How do i proceed? fuzzy v Abbey

What time frame do we have to decide what to do?

I haven't heartd anythng further from Abbey, nor from my local court.

I haven't been at al well and i'm not sure I can get my head round all of this at the momnet, but I don't want to let it go either.

How complicated is going forward and have we any chance of success. iI'm not firigtened of going to court and standing my ground - i think I put up a good fight (as Restons found out!! he he he) but at the moment my head is full of jelly and custard and not very good at retaning facts and important info.

[Amethyst]

Re: How do i proceed? fuzzy v Abbey

Jelly and custard mmmmmmmmm lovely

Well your stay ran out yesterday so I'd basically call the court Tuesday and ask them. Abbey may have had you struck already. If you want to continue you have to formally apply to amend your POC and enclose a copy of your proposed POC. For each claim.

Obviously you were on that insane method of interest calculation when you entered your claims and split them up to keep each under £5k. So your amendments need to alter the amounts, so basically merge the three claims into one for what £1800 plus stat interest ?

Abbey have a relatively decent case for misrep and we have a basic outline of a poc prepped for Abbey but theres no doubt carrying on will involve A LOT of non jelly and custarded head work.

[fuzzybrain]

Re: How do i proceed? fuzzy v Abbey

Have spoken with the court and they have advised that my claims have been booted. Apparently I was sent a order in in Oct 2007 stating that the court had made an order on its own merit an that unless I respond by the 14th Nov 2007 then my claim would be booted - this was applicabe to all claims in the court at the time.

I didn't respond as I din't receive the paperwork, so my claim is now wondering around in the mist of time!!

Apparenty I can write into the court explaining this and ask for the claim to be resumed - this letter will go before the judge and he wil decidie what i can do and how i need to do.

I guess the questions are:

Should I let sleeping dogs lie and and wait to see what evloves?
If I decide to go ahead - what way is best? - new claim or try and resume the old one??

[Amethyst]

Re: How do i proceed? fuzzy v Abbey

Well firstly you want a copy of that order. Why would your claim be booted in Nov 07 ?

Have spoken with the court and they have advised that my claims have been booted. Apparently I was sent a order in in Oct 2007 stating that the court had made an order on its own merit an that unless I respond by the 14th Nov 2007 then my claim would be booted - this was applicabe to all claims in the court at the time.

I didn't respond as I din't receive the paperwork, so my claim is now wondering around in the mist of time!!

Apparenty I can write into the court explaining this and ask for the claim to be resumed - this letter will go before the judge and he wil decidie what i can do and how i need to do.

I guess the questions are:

Should I let sleeping dogs lie and and wait to see what evloves?
If I decide to go ahead - what way is best? - new claim or try and resume the old one??

[fuzzybrain]

Re: How do i proceed? fuzzy v Abbey

|Have managed to find the order - I was written to - opps :lie: Anyhow that order was in reference to the stay being lifted, so after re checking with the court my case is now "live" - although still very much stayed.

So this is where part 2 comes in:

The district judge has made an order that cases stayed will remain stayed unless either party makes an application for the stayed to be lifed. This wil cost £75. The clerk said that if I wanted to change this PoC then this may also incur a further charge.

Considering this, would it not be better to wtite into the court and ask for both my claims to be withdrawn (i'll leave the one that i receive the goodwill guesture on alone and let that drift off into the mist of time, as i probably got more than i should i have done anyhow !!)and restart a new claim for the correct amount combining the 2 existing claims??

[Amethyst]

Re: How do i proceed? fuzzy v Abbey

Okay, so claim still stayed indefinately, Abbey havent applied to strike, despite their letter to you, in which case I would leave it alone where it is. You won't get anywhere with the FOS in your case, so see what the next few weeks bring then you can make a much more informed decision whether to continue or not.

[fuzzybrain]

Re: How do i proceed? fuzzy v Abbey

That is briliant advice, and defiantely the best way to go as i am still not 100% health wise and am scheduled for a lot more tests over the next month or so, so delaying any action for me is the best wway forward.

Will post up the courts direction when i get it, so to make sure things are as i understand them (I'm misunderstandign a lot of things at the moment!! Brain isn't just jelly and custard anymore - the whole bloomin trifle has moved into my brain cavity!!)

Thanks Ame xx