waiting game

[IVANHOE]

I filed my claim (4500) inc costs, on 14th june they have til 28th to respond but have heard nothing as yet. my claim was largely estimated as they refused to supply anymore than 13 months statements but nothing new there. anybody else in this situation?
has anyone actually been to court yet?
any advice gratefully accepted!

[Karnevil]

yep in same boat as you - my claim was issued on 14th, deemed served on 17th thus they have until 3rd July to come back with an acknowledgement or defence.

Timescales, they have 14 days from SERVICE (which is about 5 days from issue usually but should be shown on your claim form) to acknowledge, if they acknowledge then this automatically gives them 28 days from service to enter a Defence. If they enter a defence you'll then get an allocation questionnaire, which you have to complete and return, with another £100 (which you can add to you claim)....and then wait for a hearing to be set.

You'll probably get letters in the meantime which people on here cna help you out with if need be. Hopefully a couple of offers should come in this time too.

Our claims are running at the same time, similar amounts and both estimated, so I'll be watching your thread with interest.....

[IVANHOE]

Thanks karnevil,
I will keep you posted, it was deemed sreved on the 14th and they til 28th to reply post has already been today so clocks ticking.

[Karnevil]

even better if you are a few days ahead - I can watch you and see what to expect next !

I have another claim with Abbey too at the moment which is at allocation questionnaire stage (a business account so they cant amalgamate the claims!)

If you filed with moneyclaim you should be able to click the default judgement button after midnight, but be aware they do tend to request a set aside if you are granted a default judgement..... theres a couple of threads going through this at the moment, here NN v Abbey - *settled in full* at last WON WON WON
and here
http://www.consumeractiongroup.co.uk...dla-piper.html

and Whizzkid and NeilP have been through set aside hearings already so have a read about.

Chances are they'll acknowledge at the 11th hour and you'll have to wait another 14 days for the defence.

Hope that helps....

[IVANHOE]

You were right karnevil they have acknowledged the claim just in time, no letters yet, the wait goes on!

[Karnevil]

probably next will come a copy of Abbeys defence from DLA Piper, with a 50% offer letter..... something to look forward to

[IVANHOE]

Recieved letter from DLA piper today, says they are reviewing claim and preparing response. also, quite laughably, they state that i have not provided details of how this sum was calculated! and can i provide such details asap! as i will need to produce this eveidence to the court.
Damm right i will, it will start by saying Abbey have persistantley refused to supply requested details.

presume this is a standard response at this stage?

[Karnevil]

yep.

I wrote back saying how suprised I was that they didnt already have them from their client, but enclosed them for their reference anyway.

I dont think they even look at your account until after they submit a defence ! too busy trying to indimitate people into backing down.

btw - did you file on moneyclaim or with an N1 form ? Thanks.

[IVANHOE]

I filed with moneyclaim,
ive just e-mailed laura gordon with the details, stating how amused i was at her request.
any progress in your claim karnevil?

[Karnevil]

first one - still waiting for a copy of abbey AQ's...............

for the big one - just calling the court now to see if they acknowledged the claim in time...............( I used the N1 form on this one) - update: Yes they acknowledged on the 29th so now have till the 17th July.....

[IVANHOE]

received letter from dla piper at the weekend, sets out their defence and offers £1500 settlement. (claim is for £4342)
Letter states "even if it is correct that the charges sre greater than Abbeys actual loss Abbey would be entitled to charge something"
Am i missing something or are they digging themselves a hole there?
also says "you have not supplied any evidence to support the figure claimed"
should i respond to this in my reply?

[Karnevil]

I dont think its worth it - just say thanks but no thanks to the paltry sum offered (dont put it like that though) however if they agree to settle 100% plus costs I will withdraw my claim otherwise I will continue my claim.

Sorry for late reply btw.

I got another 50% offer today for my 2nd account claim too - I've declined - naturally !

[IVANHOE]

Naturally!
I declined the offer, have heard nothing from them, is a second offer to be expected?
received court allocation this morning, thankfully it has been moved to Blackpool (home town should i have to go)
any advice on filling questionnaire in would be appreciated.
particularly regarding further information, expert information etc?

[Karnevil]

have a look in the templates/FAQs for help with the AQ's

some people got a second 50% offer after submitting the AQ - I didnt.

I sent a little note to DLA that I would be completing the AQ and sending it on such and such a date (just being polite and kinda hoping it would make them settle before i sent it - didnt work !)

I left most of the AQ blank, just ticked the boxes, but others have put a couple of lines in the other info bit, have a read about (search on allocation questionnaire ) and you'll find some examples.

Hope that helps a little

[IVANHOE]

Thanks Karnevil
I have until 29th to send Q&A so i think i,ll hang fire for a day or two, see if anything comes in.
Have been holding off on my other claim-Halifax £1664. they offered £478 which of course i declined, time i filed that claim i think but gets a bit expensive doesnt it!

[Karnevil]

it does indeed (£200 so far - about to pay out another £100 for allocation, then another court fee of £80 - £380 ! ) Its really hard finding that kind of money - but worth it (I hope)

Why dont you send DLA a note confirming you have received the AQ's and will submit on 21st or thereabouts costing them another £100 unless they settle before then.

might get them into action (or might not but worth a try?)