Time delay after LBA

[FoxyFiona]

Hi Guys,

 

I have started the process of reclaiming charges from the abbey, I reached the LBA action stage sending a letter at the end of October, I did get some (not nearly enough) charges refunded to my account. I sent the letter saying they had 14 days or court action would commence.

 

The problem/question I have is, that I missed the date to put them in court purely because I didnt have the court fees, have I missed the chance now?? or can I still proceed with court?? do I have to send them another LBA letter??

 

Any comments/advice gratefully received

 

Thanks Fiona

[Michael Browne]

No, you can file at court whenever you like. You've generously given them an extra month already, no need to let them have more time.

[FoxyFiona]

Ah thanks Michael,

 

I was hoping that was the case. Fingers crossed for a victory! Watched an interesting programme on BBC last night on reclaiming charges, that has spurred me on again.

 

Fiona

[anney63]

Hi

Thanks for you kind message. Just keep going remember it's YOUR MONEY. any help you need we're here to help. I hope you have now filed your N1 and the next thing will be Abbeys standard defence don't be worried or trodden down . I will keep looking at this thread for updates. Think what agreat Summer Holiday you can have :D

[FoxyFiona]

Thanks Anne

Will keep you posted, filed N1 last week so here goes......

Fiona

[FOXYLADY1970]

Hi foxy

 

have you heard back from abbey yet? I have just issued my N1 today so keep me informed on how your getting on would love to hear what they are doing next any advise would be great.

 

Foxylady

[FoxyFiona]

Hi Foxylady,

 

I filed mine last week and have heard nothing from the Abbey, but received my papers fromthe court yesterday all stamped etc. So now waiting to see happens now as they will have received their notice yesterday too. Quite nervous now! Will keep you posted, please kep me posted too looks like we are at exactly same stage.

 

Fiona x

[FoxyFiona]

Hi Guys,

 

Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

Foxylady, have you heard anything back yet?

 

Fiona

[welshcakes]

Foxy, it seems to be 99% of time, the bank automatically states they will be filing a Defenceso no need to get anxious about that. It's all about stalling, the longer they can keep from issuing a cheque, the longer they utilise YOUR money!

[FoxyFiona]

Thanks Welshcakes, I thought that was the case but it all seems very real when its in black and white, doesnt it. Dont know how they sleep at night!

Cheers Fiona

[Guest louis wu]

Foxy, it seems to be 99% of time, the bank automatically states they will be filing a Defenceso no need to get anxious about that. It's all about stalling, the longer they can keep from issuing a cheque, the longer they utilise YOUR money!

 

 

but the more interest @8% they pay. Its just false economy, but if just 1 person pulls out at this stage its worth their while.

 

Just keep at it, your doing fine.

 

Best of luck

 

Louis

[mariejader]

Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

yep that's normal then they issue their defence around day 21

[charleyfarley]

Hi Guys,

 

Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

Foxylady, have you heard anything back yet?

 

Fiona

 

Hi Fiona,

 

Just reading through your thread and wondering whether you've got your dates right. It's 14 days from the date deemed served to acknowledge, and 28 days to defend. That's 28 days from the deemd served date not from the date of acknowledgement.

[FOXYLADY1970]

hi fiona,

 

Yes I have also had letter back today to say they have 28 days to defend

 

thanks to charley farley re advise I thought it was another 28 days to wait

 

Keep me informed

 

cheers

[FoxyFiona]

Ah I see, I thought it meant 28 days from when they filed their notice Cheers Charlie

 

Keep us posted too Foxylady, its all happening now!

 

Fiona x

[FOXYLADY1970]

Hi foxy

 

have you had letter today from Abbey as they have asked me to re send in my charge details as i should have sent them in with my claim form when i filed a claim.

 

not sure whats going on when is the deadline for them to reply back after the 28 days they asked court to file there defence little confused still on that one?

[mariejader]

i should have sent them in with my claim form when i filed a claim.

 

You will need to supply these, like you said they should have supplied them when you filed your claim.

 

Your posts have confused me so here is what happens now.

 

N1 filed or mcol, it's deemed served generally 2 days after it's issued, Abbey then have 14 days to acknowled the claim and decide what to do next, at present they are filing a defence in full which will then give them a further 14 days to send their defence to you and the court , so we are now 28 days from the deemed served date, in brief two lots of 14 days.

 

Once the court receives Abbey's defence it then will send you the AQ which gives you 14 days to complete and return to the court, the AQ will be a N149 or N150 depending on the amount of money you are claiming.

 

You should now be looking at all the posts on completing the AQ

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-34.html#post686355

[FoxyFiona]

Hi foxylady,

 

I sent a full list of my charges claiming with the court forms N1, so that must be normal to ask if you didnt include it. I havent heard anything from Abbey at all (yet). I expect I wont until the court questionnaire comes. Dont panic just keep the faith! As everyone keeps saying and I have started chanting to myself when panic sets in "its your money youre fighting for" If in any doubt with anything just call at the court I had a chat with one of the women there the other day and she was most helpful.

 

Thanks to MARIEJADER for your help and advise to Foxylady (and to me) its much appreciated.

 

Watch this space its all happening now

 

Fiona x

[FoxyFiona]

PS Mariejader,

 

Did you refuse the 50% at the defence stage?

 

Fiona x

[mariejader]

PS Mariejader,

 

Did you refuse the 50% at the defence stage?

 

Yes and I have not received any funds into my account either, unlike some people.

[FoxyFiona]

Hi Guys,

 

Abbey have filed their defence last week......

 

No other contact thought, just waiting for the allocation questionnaire now.

 

Fiona

[FoxyFiona]

Hi guys,

 

Just filing out me AQ and getting in a muddle, do you send the draft order for directions with it? the one you can download. If you do what do you have to do then? Also stuck at the addiontal information stage as my claim is for over £9000 so small claims not relevant? Help, head in the shed. Think I will leave it and try again tomorrow, often looks clearer when I have left it and return later.

 

Fiona

[FOXYLADY1970]

yes you do send in draft order for directions with AQ there are some links to help you fill in your AQ try GARYH he has some useful information and links helped me fill mine in

[FoxyFiona]

Hi Guys,

 

Quick update: Abbey have filed their AQ on the last day. Suggested that is goes in small claims (?) its £9660, so dont how that would work. and they have requested one months stay to try and resolve the claim (yeah right!) hope the judge sees through that one.

 

Would love to hear how you at same stage are getting on, foxylady1970, charliefarley etc.

 

Fx

[FoxyFiona]

Mariejader - where does that leave you now the defence was struck out?? Did they explain abuse of process? Were they time wasting? Am intrigued............