Hello All ** WON IN COURT **

[andtroy]

Hi Lula

Thanks for that. When you filed the new claim which resulted in you getting the money back last week how long did it take the second time round from sending the letter off and getting the money?

cheers

Andtroy

[Lula]

I sent the first letter to Abbey on 29th September and received the money into my account last week, so given that we are waiting for them to ignore us for about 4 weeks I think it was fairly quick

[andtroy]

Hi Lula

Thanks for that. See I don't get this I sent my first letter off to Shabby back in june last year and still no money. But at least I can see the light at the end of the tunnel now.

Cheers

Andtroy

[andtroy]

Hello Everybody

Just to say that yesterday I submitted the court bundle and sent a copy to the Defendent.

Well any time now they should cough up. Will keep you posted.

Andtroy

[andtroy]

Hi All

Well this is it. Tomorow morning I have the hearing at the court , and up to now I have heard nothing from Abbey. To say that I'm worried is an understatement. I would have thought by now they would have made an attempt to make an offer of settlement ,but nothing.

Any suggestions or thoughts would be really useful.

Cheers

Andy

[Karnevil]

ANDY

Hi Dont worry I doubt they wil turn up. If they dont ask for their defence to be struck out and summary judgement becuase they havent submitted their bundle.

I'll get letter for you - Just an idea.... maybe write it and take it in with you in the event they dont show.



You -v- Abbey
Claim No:********

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge ***** dated **/**/**.

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, on which it intends to rely at the forthcoming hearing.

I can confirm that my documents were filed on **/**/** and served to the Defendant on **/**/**.

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)(c) of the Civil Procedure Rules.

[andtroy]

Thnaks Karne

So is the summery jugdement the letter that getting? and do I give that to the judge?

[newbody]

just subscrining

[Karnevil]

I hope its going okay. Just to let you know we're thinking of you and fingers, legs and toes are double crossed

[andtroy]

Hi All

I'm soooooooooo excited I'm back and i have won won won won won, one very happy bunny.

Well Shabbey did not turn up so the judge passed judgement in my favour and have given Shabbey 14 days to pay up. So that conjures up some really nice mental images of a) a nice cheque or b) bailiffs going in.

I woulmd like to take this oppotunity to say a huge thank you to karne who has been with me every step of the way and thank her for her help and advice. Also a huge thank you to this site for all your help with letters templates etc etc and setting out the steps to get these charges back.

Needless to say donation will be on its way once I get the money from Shabbey.

Also could my thready thing be changed now to " won won won "

One last thing stick by your guns and follow your convictions if you believe in something strong enough you can move mountains.

Cheers

Andtroy

[Karnevil]

FANTASTIC NEWS ANDY !!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!

[Andys Mum]

Hi
Well done Andy.. you did well.
Gives us all hope and inspiration. I've just sent AQ off to the Court, so its all go now!!!
Andys Mum

[121o121]

Well done andtroy.

Makes me wonder if we should start to draw up a list of litigations of Abbey no shows incase this happens again?

[sam78]

Excellent, well done.

121o121 - i think that would be a good idea.

[Beaker_smiles]

In answer to your question about Bailiffs, there is a pdf document on the HMCS (her majestys court service) website about getting bailiffs in. As long as it's less than £5000 (and I think greater than £650) you can apply for a warrant of execution at the county court. It costs £55 which you can add to the charges you are claiming back. Just remember to take 1) The judgement 2) the address you want to send the bailiffs to to court with you.

[andtroy]

Thanks for that Beaker, did not mean to hi-jack your thread.

Cheers

Andy