csella V Abbey

[csella]

Hi I am new to the forum but have been getting information from the threads on the moneysavingsexpert website.

I am now in a position where Abbey have lodged their defence and am waiting for my allocation questionnaire from the courts.

Can anyone help or give me advice on what i need to prepare just in case this does go to court? It probably won't get that far but being prepared can't hurt.

All help and advice is much appreciated!!!!!

[noobrider]

you need to download the court bundle and be prepared to complete it in its entirety and understand the documents and arguments contained in there. That way if you do end up in court you can argue the case convincingly. Never underestimate the fact that you may have to put in a court appearance. There are a few of us that have attended and the recent Lloyds fiasco is a case in point.

[csella]

Thanks for that, can you point me in the right direction to download the court bundle?
I have all my letters and Abbeys responses but is there any information i will need to search for to complete the bundle?

[csella]

Can anyone advise please?

Do the courts automatically send out the allocation questionnaire or is this something i request?

[csella]

I have received my AQ but the form is N151 and just wondered if anyone has completed one of these as i can only find templates for the N149 and N150.

[csella]

Right the AQ was submitted by Abbey even though it was 2 days late and the courts have set a date for 12 Sept at Sheffield County Court.

My claim was originally for £4004 ex interest but as time has gone on this is now at £5650 inc interest. I know reading some threads people have been contacting Abbey and agreeing early settlements is this something i should try, getting rather nervous about attending court.

Could someone give me a link to a quality court bundle or mail me one?

Thanks All

[feater]

Bumped for you.

[csella]

I have just received a copy of Abbey's AQ along with it a draft order for direction requesting the following

a) A schedule setting out each charge repayment of which is sought, showing the date , amount and reason given for that charge being made.

b) Copies of any statement or other document relied upon as showing that each and every charge has been made.

If the claimant fails to comply with this order, the claim shall be struck out without further order.

14 days prior to the allocated hearing date the claimant and the defendant shall file and serve:

a) Copies of all documents (including experts reports) on which he intends to rely at the hearing.

b) Any witness statements must be included in the documents filed and served.

c) Copies of decided cases and other legal materials to be relied upon.


Any help with the above would be much appreciated, when sending my statements do enclose every page or just the ones highlighting the charges(cut down on the copying)

Thanks Carl.

[csella]

I have this morning received a letter from the courts stating they have stayed my case until the outcome of the test case after a request from the Abbey but i can request the stay be lifted.
Has anyone succeeded in the lifting of a stay and have any of you out there have a letter i can send to the courts requesting the lifting of the stay?
Thanks All

[csella]

Just a quick update I have a court hearing set for the 29th November to hear my case for the lifting of the stay. I am in the process of creating my bundle but just wondered if anyone has been successful in getting their stays lifted.

Good Luck All.

[Lula]

Hi, on what grounds are you asking for the stay to be lifted, the only real chance of getting the stay lifted is for extreme hardship, otherwise you will turn up, argue your case and the DJ will not sympathetically and stay anyway.

[csella]

Hi I submitted a letter i found on the forum stating human rights and that the test case is not directly linked to my case with the Abbey. Therefore the stay should be lifted allowing for my case to be heard. I know i don't really have a chance but you have to try.

[Lula]

Well, it is worth a shot, might be a good thing to ask garyh to go through it all with you as he is somuch more experienced in this than me, although he is having connection problems at the moment, so it might be a few days before he manages to log on again.

[Lula]

Hi, Well I asked around the other pinks and the mods and this is the answer that I got

I'm afraid that unless she makes out a case relating very specifically to her own hardship details, the stay is unlikely to be lifted. She is proposing arguments based on Human Rights and the non-relevance of the test case to her own situation. It would be interesting to know more about this second point but by and large I expect that they are fairly standard arguments and will be unlikley to sway the judge.

and I also got this

Also the date of the test case is'nt too far away. By the time she files and get's a court date, the case may be already in full swing. If it get's that far.

Actually, I happen to agree with both of them, but ultimately the choice is yours