Giltastic vs Abbey

[Giltastic]

After reading through the FAQ I'm slightly more confident than I was last week. Presently, I have received the defence from the bank, which will have been sent to Northampton (MCOL).

• Am I now waiting for a court date to be sent via MCOL?
• Do I need to download the AQ, or will that be sent to me in due course?

Thank you, I am finding it daunting because it has been a bit easy up until now. I am still reading this forum, so if the answers are obvious to the longer standing members, please leave links to the appropriate sections.

[Giltastic]

Bump.

Please?

[Giltastic]

Do members need more information to help? Please advise. I'm not sure whether I'm running out of time. That is my worry at the moment.

[ICY]

I am at the same stage as you, in that i received the "defence" from abbey this morning, the court will write to you with details of what happens next and what you now need to do, they will do this once they receive the defence from abbey, until it is received by a court the defence is not filed

[mariavsabbey]

I recieved a defence from Abbey as well this morning.
Couple of questions did yours have 'Without Prejudice' on it.
I also need to send of my POC to them but havent done so yet as i've made a mistake with the calculations, should i wait and till a local court is allocated before trying to amend my claim?

[ICY]

I was rather shocked that mine was indeed marked *without prejudice*

[Giltastic]

Thank you ICY!!! That is what I suspected but didn't want to leave to chance.

Mine did indeed say "without prejudice", but I didn't read too much into that as I thought it was like saying "my statutory rights are not affected"

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

Finance Glossary : Without prejudice

Just pulled the above from an on line glossary. If it cant be used in evidence, is that an indication that they wont be using that defence in court?

[ICY]

as far as i have picked up anything marked w/p cant be used in a court, so to me this effectivly means they havent submitted a defence, i have asked the question on my thread, hopefully one of us will get a firm answer on this one

[Giltastic]

I'm going through my witness statement now and preparing my court bundle.

23. My assessment of the costs of the charging process
Prior to the commencement of these proceedings, I asked the Defendant to provide evidence of any manual intervention that may have occurred in relation to my
account, under a Subject Access Request pursuant to s.7 of the Data Protection Act 1998. No records of any manual intervention or involvement whatsoever
could be provided. My Subject Access request letter and Abbey’s response letter are attached in support of this statement as exhibit ***.

I never asked for this, or if I did using a template letter, I can't find reference to it. Do I just take out this paragraph 23(as well as paragraph 220 and renumber?

[Giltastic]

Found it.

[Giltastic]

Due in court tomorrow and thoroughly expecting a stay. Just a couple of things:

1. Although I have sent my bundle to court and to Abbey, I have not received a bundle back. I should have had one by now surely. Reading through some other posters threads, am I right that this is Abbeys want as they are sure to get the stay and do not have to prepare like the rest of us laypeople?

2. Is there any point submilling a challenge to the stay, given their non compliance above?

Could one of you nice people advise me what to expect tomorrow, whether it is worthwhile handing in a non compliance letter to court and the abbey or whether I should save my nevrse and just await the outcome of the OFT decision?

[Giltastic]

It's the Reka vs Abbey letter I'm hanging my hat on at the moment.

Can I request a judgement if I have not received Abbeys bundle?

[Giltastic]

and just for clarity. The bundle I should have got 14 days before the court date is not the same as "the defence" that abbey sent to me when I first applied through MCOL.

Sorry about all the posts but I'm very nervous and feel quite lost and alone in a sea of threads and templates. I just want to be sure I have everything that applies to me vs abbey.

[Giltastic]

is it the way I ask? lol.

Anyone... please.

[chelli]

Hi Giltastic

Good luck for today

i have had my case stayed, after submitting a letter for non-complience so i have major headache now! just totally fed up with the courts as they just dont seem to be bothered.
Hope you have better luck to cheer us all up
chelli

[chelli]

Originally Posted by Giltastic

and just for clarity. The bundle I should have got 14 days before the court date is not the same as "the defence" that abbey sent to me when I first applied through MCOL.

Hi again
No they are not the same . You definately wont recieved any type of bundle from the abbey
chelli X

[Giltastic]

thank you chelli!

is there any point be complaining about the missing bundle, will it force a judgement?

Just doing final preparations now. 2pm is the time to start praying!

[Giltastic]

Well that was a waste of an afternoon. Stay has been granted. I must admit, if you excuse the expression, I was bricking my pants.

Anyone battling Abbey, don't hold your breath at St Helens court, it just felt like the judge there had made his mind up on what the outcome of the sitting was going to be.

Well, it was to be expected really. Roll on 14th January, eh?

[Lula]

hi, yes unfortunately it was to be expected, but you can apply to have the stay lifted especially if you can proove financial hardship