Abbey fail to provide evidence - ** SETTLED **

[andyk01]

My case has got as far as a court date being set (getting closer!) and the judge ordered as below. I complied with my part but I called the court today (7th Feb) and they tell me they have received nothing from Abbey that they should have supplied by the 6th Feb. The court clerk said that the case would go on regardless

 

What are my best options now? I feel I should be doing something like requesting that the court strike out the defence but not sure if that is right or how to go about doing it?

 

Any help appreciated.

 

 

The claimant shall by 26th January 2007 file and serve:

a) Copies of any statement or other document relied upon as showing that each and every charge repayment of which is sought has been made.

(b) A statement of the claimants own evidence , if such is to be relied upon as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties.

 

If the claimant fails to comply with this order, the claim will be struck out without further order.

 

The defendant shall by 6th February 2007 file and serve a response to the list of charges claimed by the claimant, stating in respect of each item claimed:

(a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

(b) Whether such charge is accepted to be a penalty, and if not, why not;

© If such charge is alleged to be a pre-estimate of the defendants loss incurred by the claimants actions (whether or not such action is to be treated as a breach of the contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

If the defendant fails to comply with this order, the defence will be struck out without further order.

 

ps. the rest of my case is here -> http://www.consumeractiongroup.co.uk/forum/abbey-bank/29369-andyk-abbey.html

[drufcdragonno12]

Have a look here, I think this may assist

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/58049-letters-banks-non-compliance.html

[andyk01]

Hi drufcdragonno12 - thanks that looks like the right thing to do.

[andyk01]

My court date was quickly approaching - 27 March 07. However, I have just received a letter from the court, telling me that upon reading the documents filed and of it's own initiative and without a hearing, they have made the following order:

 

1. The defendant having failed to file documents as set out in the order dated 12 December 2006 (as extended on 22 February 2007) by 7th March 2007 or at all, the defence is struck out in accordance with the provisions of that order, and accordingly the Claimant may enter a judgement in default.

 

2. The hearing listed for 27 March 2007 is cancelled.

 

I would like to thank the judge at Leicester County Court for doing that!

 

So I guess that looks like I'm on to a winner! It looks like I need to enter a judgement by default - not sure what that means but will try to find out unless some kind soul could tell me what I need to be doing now?

 

Then I would assume once the judgement is passed I have to wait until they pay up or send the bailiffs round to whip the cash till out of my local branch. That'll be fun.

[TUTTSI]

It would be a good idea to phone the courts and they will advise what form that you have to complete. Then go for it!.

They may contact the courts and come up with a great excuse for not having sent the bundle in on time and ask for a stay, but I think they know they are not going to proceed to court and you never know a cheque may come in the post tomorrow.

Good Luck

DS

[mariejader]

So I guess that looks like I'm on to a winner! It looks like I need to enter a judgement by default - not sure what that means but will try to find out unless some kind soul could tell me what I need to be doing now?

 

I am sure you have to complete the form that was sent which was the notice of issue N205A

[andyk01]

Thanks for your replies.

 

In the end I went for a variation on the N205A - the N225 "Request For Judgement and reply to admission (specified amount)" form, which requests judgement based on the defendant not filing a defence and allows details of the amounts claimed including interest and fees to date to be entered.

 

If Abbey are true to form and still asleep on my case then I'm hoping this will do the trick and I will finally get a county court judgement awarded against them. It's taken 5 months so far but has been worth the effort.

[TUTTSI]

Go for it,

[ICY]

Dont forget to tell them that a ccj against them will result in them finding it difficult to obtain credit in the future and this will affect their credit rating lol

 

good luck sounds like you have them now

[andyk01]

Cheers ICY and Karnevil. I posted the N225 today to the court. It will be interesting to see how long it is before anything happens now.

 

I have a friend who managed to get a CCJ registered against Intelligent Finance, uncontested by them. He was unsure if they would cough up but their legal dept eventually wrote a letter enclosing full settlement. They woke up when they realised they had the CCJ against them and it forced them to pay. Hopefully anyone else which gets to this stage needn't necessarily panic or try to get bailiffs in - I think they will have to pay in the end.

[srfrench]

PMSL at ICY's mention of them finding it may be difficult for them to obtain credit in the future........... that's class

[Lula]

i would love to be able to do that to abbey, it would stay there for 6 years ROFLMAO

[TUTTSI]

Andy, it does look like we are in the same situation, both GM (HFC BANK)and Barclays have failed to respond to the Judges Directions, which was along the same lines as your directions. With GM I have already been in touch with the courts as their deadline was last Monday and Barclays was today. The Judge has already directed that if the defendants fail to respond with all the documentation by the deadline dates, the defence will be struck out and the Claimant will get the Judgement against them.

It looks like the Judges are getting wise to their cheanagans.

So I am expecting Judgement on both of these claims, and then the BAILIFFS...

So, good luck Andy, keep us all informed.

Regards

DS

[andyk01]

Hi everyone. Had a letter this morning from Abbey PLC at Triton Sq. - just a couple of days before my (now cancelled by the judge due to lack of evidence from Abbey) court date.

 

Apparently, after conducting a complete review of my account, and without admission of liability, yadayada, THEY ARE SETTLING MY CLAIM IN FULL!

 

Thats all my claimed charges, claimed interest, additional interest to date and the £220 court fees for filing the claim. Basically everything I asked for, totalling £1858.80!

 

Yippppeeeeeeeeeeeeeeeeeeeee!

 

I have not got the money yet but I will be keeping a close eye on it before informing the court that settlement has been made.

 

Many, many thanks to this forum and everyone that is helping everyone else on the way!.

[andyk01]

Thankyou karnevil!

 

dsilverstein - in reply to your comments - yes it looks like you are at a similar stage to me with your cases. Hopefully an order will be made striking out their defence due to the missed deadline which you can then follow up with a request for judgement.

 

In my case it looks like abbey have settled simply becuase they thought the court date was in a couple of days time. To me it looks like they have not even realised that the date was cancelled - so I have still got a request for judgement floating through the court system somewhere..

 

But anyway - it just shows that sticking with it works. Never give up!

[charleyfarley]

Congratulations!

:-)

[mariejader]

fantastic news - well done

[TUTTSI]

Thanks Andy, and congratulations - enjoy, you deserve it.

DS

[KnellyK]

Congratulations!

 

My OH said to me this morning - "What if you don't get the charges back" so, I said I was prepared to go to court and added "Anyway, there are loads of cases that have been settled just before they go to court" I logged on to find an example and there it was, first thread! Iwas delighted to be able to show him!

It's boosted my confidence no end so I'm sure you're delighted!

[andyk01]

Thanks everyone. A post-script to my story. The money has now been deposited in my Abbey account. I'll be heading off to a branch tomorrow to draw it all out and and close it. "I feel my relationship with Abbey has broken down and I no longer wish to do business with them" (which is what some banks do to their customers who claim the charges back, funnily enough).

 

At the same time the Judgement came through from the court! It was a "Judgement for Claimant (in default)" issued because they effectively supplied no defence.

 

I did find it highly amusing that it contained statements such as "WARNING - If you ignore this order your goods may be removed or sold or other enforcement proceedings may be taken against you" and "Details of this judgement will be entered in a public register.." and "This will make it difficult for you to get credit". It is great to turn the tables on a bank. haha.

 

Since Abbey have now settled I will do the honourable thing and write to the court informing them so that the court will cancel the entry on the register. I would hate to be responsible for Abbey not being able to get credit in the future. How could I sleep at night?

 

Thanks again to all who helped and good luck to those still going through the process. Do not give up whatever you do.

[TUTTSI]

Hi Andy, I hope my Abbey claim will also go the way yours did, I will be issueing the court claim very soon. It sounds like your court have given directions to Abbey which were not complied with. Did you write into court to precipicate the Judgement or did the Courts do it on their own motion. I am still waiting on the courts for the Judgements for Barclays and GM.... so watch this space!!

I have just written a letter to Abbey which I will post shortly on my thread, which spells out for them whats in store, I just have a few amendments to make before all to see!

DS

[andyk01]

Hi DS, the judgement was precipiated as a result of me sending in the N225 form requesting judgement after the court date had been cancelled (it was the court's own initiative though to cancel the date due to non submission of evidence by Abbey).

 

In any case I reckon Abbey are settling a couple of days before the court date anyway so the quicker you can get to getting a court date, the better. Abbey will put you off all the way till then.

[TUTTSI]

Thanks Andy