Hi Elisedriver. I hope you are well? Just thought I'd see if you have had any movement with your claim since the stay? I'm in court at 2pm today. I thought with everything that's happening with the test case that it wouldnt go ahead, but I checked with the court and they said is business as usual. I've got a feeling the application for the judgement to be set aside with be granted. But I'm still gonna try to solider on. Nat

Hi All, I am due to be at Basildon Court at 2pm on 8th August for the hearing of Abbey's application to have the judgement set aside. I am asumming that this will still happen and will still turn up but dont know if I'm wasting my time?! Has anyone else had their cases heard at Basildon or am I the only one that hasnt been transfered to Southend?

Hi Jo and Jules, Thank you so much for the case numbers. Nat

Hi All, Has anyone located a list of claims that have been struck out for abuse? I desperately want to be armed with this. Also I'd be really grateful if you could have a look at post 45 on this thread and let me know if my witness statement is acceptable to send. Thank you very much. Nat

Hi there, I'm desperately trying to find a list of cases where abbey's defence has been stuck out as an abuse of the process etc. Does anyone already have one or would you mind posting your case number and date so that I can produce a list? I'd really like to be armed with the list for my court date on 8th August. Thanks everyone.

This is what I've got so far. If I manage to find the list of cases that have been struck out then I will also add that. Thanks Elisesdriver, I have pretty much cloned your witness statement. I wouldnt have known where to start otherwise! I didnt include 'without prejuduce' on my letters, so I am assuming I can use these as evidence? 1. I, the Claimant, am a litigant in person in this case. 2. I make this Witness Statement in reply to the defendant’s application to have the judgement set aside. 3. I make this Witness Statement from information and facts within my own knowledge and which I believe to be true. 4. On 2nd February 2007 I wrote to the Defendant, setting out the nature of my complaint and requesting that the Defendant either justify the legitimacy and legal status of its charges or alternatively refund them. 5. Upon an unsatisfactory response from the Defendant, on 19th February 2007 I again wrote to the Defendant requesting a refund of said charges and advising I would file a claim should I not receive a satisfactory response. 6. Upon an unsatisfactory response from the Defendant, on 16th April 2007 I again wrote to the Defendant requesting a refund of said charges and advising I would file a claim should I not receive a satisfactory response. 7. Upon the Defendant's generic template rebuttal of my complaint, on 1st May 2007 I filed a claim online at Northampton County Court for the return of the charges levied by the Defendant, as particularised and detailed in the Particulars of Claim. 8. I wrote to the Defendant on 1st May 2007 informing them that I had commenced court proceedings to reclaim the charges levied by the Defendant. 9. The Defendant acknowledged service of the claim on 17th May 2007. 10. The Defendant failed to file its defence as per the courts instruction and I Requested for Judgement on the 5th June 2007. 11. The court ordered a Judgement For Claimant (In Default) on the 6th July 2007. 12. On the 12th June I wrote to the Defendant to request payment upon the court ordering a judgement for the claimant and stated that I would proceed with issuing the warrant of execution should I not receive a satisfactory response within ten working days. 13. On the 14th June I telephoned the Defendant six times and emailed four times to request they called me back regarding payment or I would proceed with issuing the warrant of execution. 14. On the 19th June I telephoned the Defendant six times and emailed four times to request they called me back regarding payment or I would proceed with issuing the warrant of execution. 15. Upon not receiving a satisfactory response from the Defendant, I applied online to issue of a warrant of execution online on 20th June 2007. 16. On 25th June Northampton Court rejected the Claimants application to issue the warrant of execution. 17. On 27th June I received notification from Northampton court that the defendant had applied to have the Judgement set aside. 18. I am aware that to date the Defendant frequently fails to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily. 18.1. The claimant is aware of multiple cases where the Defendant is failing to submit their defence on time – utilising the “Application For A Judgement To Be Set Aside” as an additional path to delay procedures. An example of this practice is the current on going case 7SC00350 in the S****horpe County Court, where identically the Abbey National delivered all the documents prior to the Defence being submitted by post and fax, yet failed to file a Defence. The Defendants then applied to have the Judgement set Aside, supplying a Defence document dated prior to the deadline for submission – again without any proof of delivery and ceasing to fax documents – identical to this case. 18.2. I have included Exhibit NC02, a non-exhaustive list of completed County Court cases. This list is where Abbey National have been the defendant and settled immediately prior to a hearing in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. 18.3. The Claimant believes that if the Defendant does not have the serious intention of defending this claim at trial as is indicated by its defence – as demonstrated by their recent history in Exhibit NC02.

Sorry, I'm a novice! How do I find the sticky thread in the 'campaign' forum with all the abuse strike out cases listed? I cant seem to find it. That will be so useful for my denfence on 8th August.

Hi Elisedriver, Well done for yesterday and thanks for posting your feedback. It will really help me to prepare for mine on the 8th August. I'm so shocked that they sent a solicitor. I've been dreading them doing that on mine. Fingers crossed for your next episode.

I've been check back to see if he's made a posting all day!! Elisedriver.. where are you?! Please give us some good news!

Hi there Give it back, Yeah the court date is to hear Abbeys application to have the judgement set aside. When I called Basildon Court on the 8th July after being informed that my case had been transferred to Basildon, I was told one day before they sent the court date letter that I shouldn’t expect to hear anything until August and that my case would be transferred to Southend. So all I could do is wait to hear from them. Then just one day after my call they sent me a letter totally contradicting what the stroppy woman told me on the telephone!! I'm keen to hear how these cases get on before mine on the 8th August. Good luck everyone.

I've received a letter from Basildon Court to say that the hearing of Abbeys application for setting Judgement aside will take place at BASILDON court on 8th August at 2pm. They told me it would be transferred to Southend but it hasnt?! Is anyone else's court date for Basildon still?

I've been dying to hear how you got on in court today. Please let us know how it went. I've had everything crossed for you! I've had a letter from Basildon court to say the hearing of Abbeys application for setting the judgement aside will take place at 2pm on 8th August (two days before I go on my two week holiday!!)

Cor am I pleased to read this tread today! I was about to give up! 10 days ago I received a letter for Northampton saying my case was being transferred to Basildon. I still hadnt heard anything else from Basildon so I called them today and they said it will now be transferred to Southend. The very miserby person on the phone said I shouldnt expect to hear anything until August now! I'm not happy because Abbey failed to sumbit their defence in time and the court allowed me to appy to issue the warrant of execution, which has now been rejected as Abbey have applied to have the judgement set aside! RRRAAAHHH! I'm on holiday from 10th August for two weeks and it'll be just my luck the court date will be set for when I'm not here. This is soooo frustrating! I will watch this thread with baited breath! Fingers crossed for you all.

Hi Elisedriver, Have you had an news after sending your witness statement yet? Nat

Thanks Jules, I havent heard anymore yet other then Northampton writing to say it has been transferred. Nothing from Basildon yet. Keep me posted on your progress! Nat

Hi Jules1973, Someone at work told me that might happen. I just hope it doesnt make even further delays! I'm abroad from 10th to 24th August and really hope this is all settled and I have a 8k cheque before I go!! Good luck to you too. Nat

Thanks so much elisedriver. Your help is really appreciated. Nat

Hi Elisedriver, I'm starting to stress now! Would you mind sending me a copy of Exhibit DP02 as I think this will be really useful. Thanks and fingers crossed Nat

Well it was to be expected! I called the Northampton Court today as when I checked online it says my application to issue the warrant of execution has been rejected. I have now been informed that the case is being transfered to my local Basildon Court and that Abbey have applied to have the judgement set aside. So it looks like I'll have to go down the same road as you. I'll be keeping everything crossed for your repsonse from your request to have Abbeys request to have the judgement set aside rejected.

Hi Elisedriver, Sorry for the delay in replying. Great idea to collect evidence of the delay tactics. My claim number is 7QZ63319 Northampton County Court. Good luck Nat

Hi Elisedriver! Through my door today came a letter from Abbey enclosing a copy of their application for the judgement in default to be set aside. Judgement was issued by the court on 6th June as they had not received Abbeys defence. Yesterday I applied online to issue the warrant of execution as since the judgement was issued to abbey on the 6th they hadnt replied to my letters, emails or calls to pay up. So your post has been so useful as I didnt know what I could do next. I'll have to sit tight and wait to see if the court accepts their application. Like you, Abbey have today provided a copy of the defence saying they sent it by post on the 30th (which was 4 days before the time limit). They said they had sent the court and myself the denfence, but I never received it and neither had the court?! I'll be watching your thread as I think I'm going to be going down the same road! Good luck. Nat

Hi there. The court issued Abbey with the Judgement on 6th June after they failed to submit their defence in time. I have since written to Abbey to request payment and gave them 10 days to settle the claim. this time has now passed and I have left over 10 messges on the Bank Charges number and sent numerous emails to request contact but still no payment or reply. Should I now proceed with issing the warrant of execution?

Great thanks for that. Its just over £6,500 so I'll go down the fast track route. Thanks again

Thanks very much for your advice.

Great, good luck with your claim. What is fast track and where can I apply for that? Thanks