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Old 15th August 2007, 22:21   #1 (permalink)
elnf
Basic Account Customer
 
Watch out, there are Claims Touts about!

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Join Date: Jul 2007
Posts: 5
elnf Novitiate
Default abbey ask for stay-i say no way!

I got defence from abbey and a letter explaining they were asking for a stay on the same day(yesterday). They owe me just over 3000 and I really could do with it now. I haven't heard from the court yet apart from the initial letter saying papers were served and that Abbey had defended (from Northampton). Abbey also deposited 360 into my account last month as a good will gesture. I haven't acknowledged it. Not really sure what to do next. Do I tell bank that I do not accept their goodwill gesture as full payment? And what do I do with regards this stay? Guess I need to wait to see if court gets in touch. Anyone got advice PLEASE!!!
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Old 15th August 2007, 22:39   #2 (permalink)
spicester
Classic Account Customer
Default Re: abbey ask for stay-i say no way!

acknowledge the goodwill payment but you need to refuse to accept it as final settlement - only as part settlement. reduce your claim by the ammount they deposited into your account, and send an ammended copy both to the bank and to the court.

You can apply to have the stay lifted at a cost of £35 without a hearing and maybe pay a further £65 if the judge orders a hearing to decide - but to be honest even though it is not the best news your claim is so early on I can't see them lifting the stay.

We all need the money - my advice is follow developments on here, see if any stays do get lifted then mayeb proceed. I started my claim at the beginning of the year and mine may get stayed too, not a lot we can do if the judges are determiend to stay them all. Just keep your chin up, follow developments and unlitimately only you can decide whether to challenge the stay or not.
__________________
ABBEY
Data Protection Act request complied with within 40 Days and no £10 charge..
31/01/07 Prelim Letter sent with schedule of charges.
19/02/07 LBA Sent with schedule of charges
08/03/07 MCOL started
09/03/07 £160 GOGW payment into account
23/07/07 Court Date set for 10/10/07
02/08/07 CPR Part 18 Request Submitted
10/08/07 Stay requested by Abbey
20/08/07 Claim Stayed by District Judge
HSBC
02/02/07 S.A.R - (Subject Access Request) Letter sent
22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"
26/02/07 Prelim Letter to be sent with schedule of charges.
12/03/07 LBA sent with schedule of charges
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Old 15th August 2007, 22:53   #3 (permalink)
elnf
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Default Re: abbey ask for stay-i say no way!

Thanks spicester guess I should have acknowledged it as soon as i got it. Was just intrigued as my sister did all her stuff the day after me and she has now got a form to fill in to send to court and hers has been transferred from northampton to our local CC in Doncaster. She is with LTSB though so guess they playing it different. Am hoping court get in touch soon! Will just have to play the waiting game. Thanks again
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Old 15th August 2007, 23:44   #4 (permalink)
Lula
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Default Re: abbey ask for stay-i say no way!

Hi, sorry to disagree with Spicster, by all means write to Abbey acknowledging the GOGW, just inform the court, there is no need to adjust your claim. Mainly because they have said that it is a Gesture of Goodwill and nothing to do with your claim, although once they come the settle, they will take off the figure from your final payout.
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Old 16th August 2007, 01:06   #5 (permalink)
spicester
Classic Account Customer
Default Re: abbey ask for stay-i say no way!

lol dont be sorry lula - just the way I did it thats all, obviously everyone does not have to things in exactly the same way!! lol

I only did it that way based on advice gained from the very helpful guys and gals on here and I was able to do it fairly quickly so I did not get a charge to change my N1.

And it will automatically get transferred to your local court once a defence is put in as you can go no further through MCOL after that. Then you will know where you stand....
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Old 16th August 2007, 09:32   #6 (permalink)
Robdblynd
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Default Re: abbey ask for stay-i say no way!

Sorry Guys, Doncaster is staying ALL cases as of yesterday.
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