Is Something Missing??

**GaryTravers** · 2nd May 2007 11:53

i put in a claim for my parents, following the normal route and timescales..

Abbey icon

were kind enough to put in a defence

anyway my dad recieved a letter from abbey, marked 'without prejudice icon

' and it had an enclosed copy of the defence (the same as all the others i have read on here) - this was dated the 11th april..

on the 27th april, he recieved a letter from the county court icon

themselves - 'N152 Notice that a defence has been filed', this is where im starting to wonder;

the leter states - "the defendant has filed a defence, a copy of which is enclosed with this notice. An allocation questionnaire is also enclosed which contains notes for guidance on how to complete it"

there was nothing enclosed with the letter

, no copy of the defence, and no AQ....

the letter continues - "You must complete the allocation questionnaire on or before 14 May 2007 and return it to the court office at the court address...

A fee of £100 is payable by the claimant on the filing of their allocation questionnaire"

SO, what has happened exactly? there was no enclosed copy of the defence (although they got one direct from abbey) and there was no AQ (i had read many courts were not giving out AQs, but surely they wouldnt say on is enclosed if it wasnt...?)

do i just ignore the fact they have asked for it by the 14th, even though they havent given one? and paying £100 if its not there? not really sure what is going on, and i have read others' threads and i dont remember this coming up

any ideas?

thanks

Similar Threads:

ian cognito · 2nd May 2007 11:59

Looks like an admin icon

arror, someone forgot to include the attachments, get in touch with the court asap and explain no enclosures in the envelope.

**GaryTravers** · 2nd May 2007 12:02

i see, thanks ian

**GaryTravers** · 3rd May 2007 14:04

strange, this morning a letter arrived (the same one but with newer dates, meaning there are 4 more days til the aq icon

deadline)

and this time there is a copy of the defence, and an AQ..

i say its strange as i didnt get round to calling them and letting them know yesterday...

anyway, im off to make sense of the AQ now

ian cognito · 3rd May 2007 14:46

I suspect someone got round to clearing their desk and found your paperwork!

There's a template in the library for the aq icon

, I found it isn't quite complete but just make the rest up as you go along!

**GaryTravers** · 3rd May 2007 17:17

yeah i found it, filling it in after work...

cheers

**GaryTravers** · 8th May 2007 14:10

was just filling out my aq icon

(after i finally recieved it, down to the courts not so good admin icon

skills in my case...)

anyway, i have to return my AQ by the 18th May 07, fine, but on the AQ they sent me it already had the date written in, on the top right corner, as 18/4/07 :o

now unless the calendar has changed and may is now the 4th month....?

can i simply walk round to the court office and request a new one, bringing the letter and current AQ with me? or would my dad need to, as he is the claimant?

thanks

ian cognito · 8th May 2007 14:19

If it's only to get it corrected or re-issued I don't see a problem with you going rather than your dad, not doing very well are they?

Think they're overworked?

**GaryTravers** · 8th May 2007 14:30

Originally Posted by ian cognito

If it's only to get it corrected or re-issued I don't see a problem with you going rather than your dad, not doing very well are they?

Think they're overworked?

that had crossed my mind

but i'll go round and pick up another, and have it back by the end of the day

thanks again ian

**Lula** · 8th May 2007 14:44

you dont need to get another, you can have a copy from here, fill it in and print it, there is also something new called an Abuse prder, basically asking the court to strike out the defence as an abuse of process. you may find it very usefull.

http://www.consumeractiongroup.c o.uk/forum/Abbey-bank/87766-abbey-abuse-orders-keeping.html

and

http://www.consumeractiongroup.c o.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

ope this helps

ian cognito · 8th May 2007 14:50

Would there be no consequence of doing this Lula when the return date on this form would be different than the one issued by the court - albeit the court one is obviously incorrect?

**Lula** · 8th May 2007 14:57

i dont think so, there wasnt for me when i did it, i would just fill it in as the correct date, ring the court though and point out their error and ask them to just confirm what the correct date is

**GaryTravers** · 8th May 2007 14:57

i have spoken to the court clerk, she said that the date is correct on their system, and i should simply cross out the existing date and write on the correct date :o

i thought thats not really upto scratch for official court papers....? did i see a pdf version of the N149 somewhere, if so i would feel more comfortable using that, without any crossings out...

and lula thanks for pointing those out, though the second link doesnt seem to go the right place, but i know where you were talking about.

and with the abuse order from what i read, this wouldnt so much apply as it was the courts error, both times

...

**Lula** · 8th May 2007 14:58

p.s. the Abuse of Process stuff is in addition to the aq icon

and doesnt supercede it, it explains the process in the section

ian cognito · 8th May 2007 15:04

The link to the form is in the link Lula gave you

http://www.consumeractiongroup.co.uk...ompletion.html

**Lula** · 8th May 2007 15:07

Originally Posted by GaryTravers

i
and with the abuse order from what i read, this wouldnt so much apply as it was the courts error, both times

...

LOL Gary, the Abuse of Process order is asking the Judge to strike out Abbeys defence as an abuse of process as they have never entered a court room to defend despite entering defences, it has been done about 3 times that i know of and seems to becoming more prevalent as the Courts loose patience with Abbey icon

and other banks wasting court time

**GaryTravers** · 8th May 2007 15:24

Originally Posted by Lula

LOL Gary, the Abuse of Process order is asking the Judge to strike out Abbeys defence as an abuse of process as they have never entered a court room to defend despite entering defences, it has been done about 3 times that i know of and seems to becoming more prevalent as the Courts loose patience with Abbey icon

and other banks wasting court time

taxi for me?

sorry im at work between reading i kind of didnt read properly what was meant by it.... oops

anyway, is there any 'risk' or complications that may occur if i go down this route? or should i stick to the 'normal' way?

also, if using that info to be added to section G of the aq icon

, do i not need to use the draft order for direction as mentioned in the 'new strategy for AQs'?

sorry if im being dumb

**Lula** · 8th May 2007 15:31

Gary, the worst that can happen is that the judge will ignore it, and i think that it also takes into consideration in the alternative, the new strategy for aq icon

's

**GaryTravers** · 8th May 2007 15:39

you're right, its covered on attachment 2A from there..

thanks..

i should probably be doing this in my own time, at work i keep missing things so i have to re-read them

**GaryTravers** · 9th May 2007 11:29

guys, one more quick question, i was gonna go the chat room and ask, but it doesnt seem to load properly...?

anyway, about using the 'abuse order' method that was pointed out, i have a quick question on the sample list of settled claims;

"Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B)."

Anyway i was wondering about the mention of '100 claims'... as this is Abbey icon

specific, the defendant, abbey have 38 claims on that spreadsheet, so i should only filter the abbey results from the spreadsheet and mention '38 claims' and not 100?

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