Abbey Court Date 2nd June 2007

[naffaz]

Hi, although I have spent many hours reading the advise & experiences given on this site, this is my first ever post.

Firstly, I'll tell you where I'm up to....
3rd Jan sent Data Protection Act to Abbey
26th Jan received statements for past 12 months
31st Jan received balance of statements going back 6 years
3rd Feb Prelim sent
9th Feb letter received stating Abbey looking into complaint will hear in 4 weeks
19th Feb LBA sent
8th March another '4 week' letter received
9th March Claim filed at court
10th March offer of £100.00 received from Abbey
10th March letter sent to Abbey informing them that court action has started and they can have the £100.00 back if they wish
19th March yet another '4 week' letter received.
23rd March Notice of intention to defend received
31st March details of defence recieved
27th April AQ submitted
16th May General form of Judgement received

Now I have to submit a court bundle to the court by the 25th of May.

I've a few questions that I hope someone could answer

1. This claim is actually my husbands, but I've been doing all the work. Although he's more than capable of acting on his own behalf, I've really enjoyed it!!
Can I attend court on the day with him, and if so in what capacity? Am I only allowed to just watch or can I sit with him?

2. My husband called the court yesterday to find out what date Abbey had submitted their AQ (hoping that it would have been late) and was told they submitted it on the 2rd of May which was the same day as us & the clerk couldn't see that date it had to be submitted by.
Although I know I took ours in on the 27th of April (that being the last day we could submit it) & have a receipt from the court.
Should I get my husband to phone back & confirm that actual date of receipt of Abbeys AQ & the date they had to have it in by?

3. I've seen a few posts about asking the judge to consider the tens of other cases that have been taken to the court stage & have either been settled just before the date or the bank hasn't turned up. Is it worth us asking our judge to consider this even at this late stage & would we write seprately or submit this with the bundle?

I know it's a long post but I'm now at the stage where things seem to be getting a bit more technical.

Thanks in anticipation of a response

[ChloeJane]

Hi there,

Firstly yes you can go to court and sit with your partner in the capacity of McKenzie Friend - to understand more click below -

FNF - McKenzie Friends

Secondly - the AQ is not relevent now as it has been filed and while you could have applied for a strike out at this point - it is not relevant now they have filed.

Thirdly - If you have not yet submitted the bundle then I would add this to it, however I am sure there is enough in there to go on if you have already submitted it.

If you are worried and would like to include it, then I would send it in with a covering letter to the court to be placed on file and send a copy to the other side informing the court that you have done say and asking it to be added as further evidence.

Hope this helps if in doubt post back

CJ

[adamc6671]

Hi Naffaz.

A bit more to add to ChloeJane's reply - you can ask the Court, via a request on your AQ, for permission for yourself to speak on his behalf as his Lay Representative.

Hope that helps - Adam.