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Im scared to get excited but its hard not to!
I recieved a notice of a stay been put on my case, so thought got nothing to lose by objecting to it and sent in a request to lift the stay on the grounds of financial hardship which is easily proven at the moment.
2 weeks later i recieve a letter from the court -
District judge has considered the statements of case and allocated the claim to the small claims track.
1. The stay in proceedings be lifted at the request of the claimant
2. The hearing of the claim will take place on the 26 november.
Wow, excellent job, lets hope that they cave beforehand, but be prepared for them not to submit any paperwork and then apply for another stay on the day, so you need to get prepared with a court bundle AND an objection to any stay that they might apply for, ring the court once a week to see if they have reapplyed.
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Wow, excellent job, lets hope that they cave beforehand, but be prepared for them not to submit any paperwork and then apply for another stay on the day, so you need to get prepared with a court bundle AND an objection to any stay that they might apply for, ring the court once a week to see if they have reapplyed.
Hi Lula,
How does it actually work on the day when the Bank apply for another stay. The Court already have your original request for a stay. Do you then have to hand over a duplicate copy of the stay already submitted or is there particular wording for this situation.
they should re apply for a stay BEFORE the hearing, but alot of them are pitching up at the court ill prepared with just a request for a stay. its VERY naughty!!
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Hi all, well it does'nt seem that they can re-apply for a second stay once the judge has agreed to lift the original stay, because i received an e-mail from Inga informing me that Abbey are prepared to come to a settlement agreement ! . my court date was for the 26th november so im lucky they havent dragged it out till then. I have e-mailed Inga back and informed them that for me to aggree to settlement out of court then the full original claim is what i would agree to settle on,this dosent include any intrest which would have amounted to around £500 so i think thats a fair settlement offer on my behalf!!
Great news about your stay being lifted. The judge in my case is District Judge Hill. I wrote to him when I put my bundle in but he just stayed it anyway. I think I will have another go now though, hope you get a good settlement out of them now, keep in touch.
Simon
Thanks simon,he is also my judge, it was lifted on hardship grounds which i think is maybe the only grounds that are working.Abbey have proberly realised that this case was gonna go all the way so thought they might as well end it now seen as though their in a better position at the moment not having to deal with as many case's.
I think you shoud try to have it lifted,theres always hope my case prove's it !!
That sounds very promising and great news! I agree that you shouldnt settle for anything less at this late stage - best of luck and please keep us posted
The fact that Abbey have contacted you to offer a settlement proves you are in a strong position. By the sound of it they want the case to go away. If I were you I would ask for everything you would get if you went ahead with the case and won. They may make a few noises but they will pay, what other option have they got. At the end of the day the only other thing they can do is not turn up on the day, in which case the DJ will award you the lot anyway. Maybe they will turn up and defend the case ROFL. Although you will know whether that is the case because they will have to submit a CB weeks before the hearing. Hold out for the mother load is my advise make em pay!!!!
Hiya, if they dont accept your offer then hold out, they will pay up cos this is a non starter, I dont know whether you have already offered Abbey a settlement figure, but if you have, and they dont accept, hold out for it all because they will pay up, and congratulations btw -)
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus
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offer from A&L 24/8/07 - after case stayed
"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery
Hi all, quick update....... Inga emailed me today to give me an offer from Abbey,its £400 less than my claim for £4'285 so im thinking thats pretty reasonable? though ive actually emailed har back to say that my final settlement amount would be £4'000 after all if i had taken it all the way i could have claimed intrest, but to be honest this is all wearing me out and i would like to see an end to it what with xmas on the way and all
Hi all, quick update....... Inga emailed me today to give me an offer from Abbey,its £400 less than my claim for £4'285 so im thinking thats pretty reasonable? though ive actually emailed har back to say that my final settlement amount would be £4'000 after all if i had taken it all the way i could have claimed intrest, but to be honest this is all wearing me out and i would like to see an end to it what with xmas on the way and all
£4k is reasonable, hold out for that.
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
My Stay's Been Lifted !! ** WON**
Im scared to get excited but its hard not to!
Reply With Quote
Originally Posted by Lula
. my court date was for the 26th november so im lucky they havent dragged it out till then. I have e-mailed Inga back and informed them that for me to aggree to settlement out of court then the full original claim is what i would agree to settle on,this dosent include any intrest which would have amounted to around £500 so i think thats a fair settlement offer on my behalf!!
WON / 19 November 2007
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