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Mosca1

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  1. Mosca1

    Stays

    Hello. My case for Sept 3 with the Abbey was stayed. I rang the court today to ask for a form to apply for a notice to lift the stay. The clerk told me it'll be £65 and still may not be lifted as I'll have to show why my case can't wait ('like all the others') until January 2008. I've already lost £120 court fees and the Abbey owe me £2100 (they paid £395 into my account as a 'gesture of goodwill' - against my refusal). Can anyone advise me please, before I lose more money...?
  2. Until whenever, by the look of it. The letter just said something about 'depending upon the high court ruling'...?
  3. Hello. My case was stayed too (was supposed to be 3 Sept) in Crewe. I wrote a letter to appeal and was only told (by ansaphone) yesterday, Saturday, that this wasn't sufficient and I need to issue a 'Notice to lift the stay'? Does anyone actually know what this is and/or how to do this? Also, how long will this take? I don't want the Abbey to get away with this and 'win'... They've already taken £2100 from me over 3 years... In addition, I think it's pretty poor to only be told 2 days before that they stay is still on (I'd booked the day off work etc)... Help please!
  4. I was supposed to have my hearing tomorrow (3 Sept) and got a call and ansaphone message from the court yesterday to say it was still stayed. I had wrote to the judge and the Abbey, 2 weeks prior (recorded) to say I wasn't happy and wanted to still go ahead as I disagreed with the stay. The woman who left the message said that I had to apply for 'Notice to lift the stay'?? I thought that's what my letter to the judge was? Can someone please tell me what I do now? I'm furious at having 'wasted' the £120 fee - and having had the Abbey 'refund' a mere £395 (when they owe me £2100), without my consent. Help please!
  5. I've had a stay letter from Abbey first, then the court. I've written to the court to ask if my Sept 3 case can still be heard anyhow. Fingers crossed! Should I ring the court, too, or wait to hear a response to my letter? Cheers...
  6. I have the same problem: the Abbey deposited £395 in my account as 'a gesture of goodwill', even though they owe me £2,100 (plus costs for the court case on Sept 3, which has been 'stayed' now)... I wrote to them to decline their offer but they still put the money in...
  7. Hello Alice. Yes, they ordered a stay but I have written to them (and to the judge) asking for it to be overruled (my case is supposed to be Sept 3). It gets more complicated as they wrote to offer me £395 (they owe me £2100!) and I wrote to decline but they deposited it in my account, reagrdless...
  8. Excellent! Cheers for that...
  9. Hello all. I have posted this query on here, in another thread I think but want to ask anyhow this: Abbey offered me £395 on Saturday, in advance of my court case in Crewe (Sept 3 2007). I am claiming for £2000 or so and feel that this was an insulting offer on their part as the court fees alone are £120. Was I right to write to them to reject this? Will the judge not think I'm being 'greedy' (as in the Birmingham case this year)? Help please!
  10. Well done! I'm in court with the Abbey in Sept and so far they've only offered me £395 of the £2000 I'm claiming!
  11. Hello. Abbey seem to be one of the worst offending banks out there! I have a court case in early Sept for £2000 and they made a measly offer of £395 on Saturday (that barely covers the court's £120 fee!).
  12. Hello I wonderd if anyone can advise me please? I have a court date against the Abbey on September 3rd, and I am claiming £1864.00 (plus interest of £250.62). The Abbey have defended the claim against them but a letter I got on 21st July has offered me £395.00. I was quite insulted by that, as I have paid £120 to the Small Claims Court and forked out lots in recorded delivery letters etc. This is approximately a fifth of what they have charged/owe me. Was I right to write to them to decline and tell them I'm happy to go to court and see if they will tell me the true cost of their charges? Will a judge think I'm 'greedy', as they made a 'goodwill gesture' (albeit a tiny one), as in the Bimingham case:confused:?
  13. It'll take a fair few months before the date's arranged though, so hold on...
  14. Well, if it goes well, may be able to afford more than jaffas
  15. Hello Simon. I have my court date in Crewe now (Sept 3)! Cheers...
  16. Hello Simon, Patrick here... Cheers for the advice and help etc as sometimes it feels like an uphill struggle against big corporate business...
  17. Oh, I forgot to mention that, since the papers were served, Abbey have also charged me £70 for a cheque I wrote that unfortunately bounced (twice, so £35 x 2, as the person kept it for 2 weeks before presenting it a couple of days before pay day)... If they settle, would they also factor this in?
  18. Hello Simon and cheers for this. It just seems a long process and I worried that I'd done something wrong. I haven't had the questionnaire thing though and it seems everyone else has?
  19. Hello. I've just posted a similar question on here regarding court and the Abbey. The court didn't send me an Allocation Questionaire; is this normal, as everyone else here seems to have?
  20. Hello all. After having contacted the Financial Ombudsman in January, and in addition, following the Martin Lewis templates, I refered the matter to the Small Claims Cout in early April this year (as the Abbey never once responded to any of my letters). To date, I have not been given a day or time for court, nor any instructions or correspondence. I was amazed to find, after being ignored for so many letters, the Abbey are arguing and defending their £1900 fees (over 3 years) - approximately £2100 with interest. I recontacted the FO a week or so ago, but they can not help me now that I have taken the matter to the courts. I wasn't made aware of this when I did so, otherwise would have let them act on my behalf. I am worried now, as I can't afford to lose and could ill afford the £120 court fee as it was. Is it normal to have received nothing from the court since the papers were served, and they wrote to say it's moved from Northampton to Crewe (closer to where I live)? Should I have received some kind of questionnaire thing? Help please! Any advise would be greatly appreciated!
  21. Hello there. I wrote to Abbey for my statements and sent them a postal order; took them almost 4 months to send me the statements. They didn't respond to a single letter, or any of the template letters sent from the Martin Lewis website. As a result of ignoring my requests, I have started the small claims procedure and am only awaiting a court date now (as it was served on them late-April). They have suddenly decided to 'acknowledge' me and my claim - by defending the claim. I have found them to be arrogant and unhelpful and their charges are unbelievable. I'd appreciate any information and or advice though from anyone else about what to expect in (Crewe) court, please... Cheers!
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