Abbey (merged)

corinne28

recieved three letters today with regards abbey. recieved an allocation questionaire from the court, i didn't relise that when you return this you pay another £100. Letter from abbey saying all cases have been stayed. and a letter from abbey demanding there overdraft back which is made up of there charges. ha ho just have to wait i suppose.

suelumsden

Hi Corrinne28. I too am taking Abbey to Court and my Court date is on Monday 13th. I dont know what to do. I have not been asked to do an allocation questionnaire and I have not been asked for a court bundle either. I will just turn up on Monday and hope for the best as it seems some people are still winning their money back, some cases are going ahead and some are not it seems to be the luck of which judge/court you are in, its all a bit of a shambles isnt it. Good luck anyway. Sue

corinne28

Hi suelumsden, thanks for your reply. I can't understand why i have got this questionaire if you haven't. I'm going to query it i think. Goodluck for monday i will keep a look out for your up date.:rotfl:

suelumsden

Got home today to letter from Abbey saying

'

<DIR>they are going to court with office of fair trading blah blah blah'


<DIR>and pending the outcome of this test case we are asking the county court to stay all claims blah blah blah

</DIR>


<DIR>your case is likely to be put on hold until the outcome of the test case

So does this mean that it will - my interpretation of likely is that it may or may not be, they dont know although they say they have written to the Court to get it stayed. Surely I can still argue in front of the Judge that I dont think it should be stayed. Help anyone please???? My Court date is Monday, and as there still seems to be people winning should I turn up or not. If I do does anyone have any good arguments or preparations I should make??

</DIR></DIR>

fizzle2006

received a letter from the FO saying that they cant take my case any further becau se of this court thing.can someone please advice me of what to do now as i dont want to give up now.

suelumsden

Go to small claims fizzle2006, people are still having some success even at this late hour.

saraharrow

Would it work to object to the Stay? If we could collate how many cases have gone to the high court but been settled before hand and then say something like, I object to the stay on the grounds that since 2001 Abbey has settled 4567 cases that were put before the High Court. If they wished to test the legality of the charges they could have done but chose not to. Does anyone have legal knowledge to say whether this would work?
Sarah

suelumsden

Yes saraharrow I wonder if that would work, it almost seems as if Abbey have got what they want and are laughing at me, I am still going to turn up at Court as it only says it is 'likely' to be stayed. I have been told only a judge can agree to this and the Court should have notified me before hand if this was going to happen. I am entitled to my time in Court and will attend and if someone can come up with a good argument for fighting the stay then I will happilly take it into Court. It would look a bit silly if I just didnt turn up and the Judge was not happy to the stay. Reading some of the success stories not all Courts are granting stays. Wish I could find someone who was in the same Court as me, Plymouth. Anyway I think your comments are really valid.

saraharrow

Thanks Sue, is it worth collating the data from the Consumer Action Group and then all of us writing to object to the stay on the grounds of they couldnt be bothered before so why should they be now?
If 10 people think this is a good enough Idea then I will attempt to get the data together the weekend. Post up what you think of this idea.
Thanks
Sarah

Harrybaby

Hi saraharrow, I have applied for the stay to be removed, my case also against the abbey. I will keep you informed of the outcome when I know. I applied on Monday so hopefully should know shortly