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ogrebear

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Posts posted by ogrebear

  1. Hullo

     

    The court has written and said that "unless the Claimant by 30th April files a fully particularised claim and confirmation that he wishes to proceed and/or a request for a further stay, the claim id struck out without further order"

     

    Can anyone suggest a format for this sort of 'extension of stay' letter please?!!

  2. My claim against Abbey was thrown out as the judge said it was 'misconceived in law'. I asked for a reinstatement of the claim and went to a hearing last Friday.

     

    The Judge said the N1 claim form I had entered on line was the reason. I used the standard wording from Martins Lewis site and was very suprised as my 2nd bigger claim had gone through with the same wording. the Judge reinstated the case anyway, (and stayed it) but I now have to enter a "properly pleaded claim form" by this Friday.

     

    Can anyone help/suggest the wording I should use if she does not like the Martin Lewis text?

  3. Well I met with the Judge 45 mins late along with someone from Abbey who was there simply to get a stay.

     

    Seems my case was thrown out as 'misconceived in law' as the wording I use don my original on-line claim form was rubbish (I copied it from Martin Lewis site). The judge gave me 14 days to clean it up and reapply. She also gave Abbey leave to change their defence depending on what I put in.

     

    Any point me in the direction of the best wording for the install claim against Abbey?

     

    Also am I supposted to get her judgement in writing?

     

    Oh... and the Abbey got their Stay.

  4. I received exactly the same paperwork as you James- the Judge himself ordered the stay and Abbey had put no paperwork in at all.

     

    Its depressing to think of all the time and effort to get the bundle together only for the whole thing to get put on hold, esp when the bank didn't do any work themselves!

     

    I intend to phone the Court and find out if its worth applying for the stay to be removed given Abbey failed to obey a Court direction.

     

    Even if we have to wait I believe we will win the Test Case and its a just a matter of time before they pay up.

  5. I need some help please!

     

    My 2nd Abbey account claim was going nicely but the paperwork to pay for an Allocation to Small Claims track did not appear and thus I didn't pay for it leading to the claim being struck out.

     

    I put in a reinstatement request (N244 @£65!) and have had a letter saying its gone to a Hearing on Sept 11th! I have search on the forums for some help with what I need to do/take for a Hearing with no joy- can anyone please inform me on what I have to to do now?

  6. James, could you please post the text of your letter so I could use it as a template?

     

    I am also going to phone the Court on Monday and find out what I can do about this as its silly that Abbey fails to put in their bundle and therefore their defence should be struck out- as per the Courts order- but everything has been stayed!

     

    If the Court says I should apply to lift the stay what's the best approach given they failed to get their paperwork in so things are slightly different to the norm?

  7. Abbey failed to get their paperwork in for my case as well but the Judge stayed the case- on his own initiative (i.e. Abbey had not asked him too) before I could do anything else.

     

    I am going to phone the Court Monday and see what I can since Abbey where in the wrong before the stay went in.

  8. Hullo

     

    Well Abbey failed to send in their supporting documents in time either to me or the court. I had a letter asking for their defence to be wiped out prepared but then I got a letter from the Court this AM.

     

    The letter says the case is Stayed until the Test Case is out of the way, though I have permission to apply to lift the stay. My court date on Sept 6th is vacated.

     

    What do I do now?

    I was thinking of asking for the Stay to be lifted on the grounds its unfair and Abbey failed to follow the judges

    directions but is this likely to work?

     

    Suggestions welcome!

  9. PSM- you have been through it, how did you present your data? Loose sheets of A4? Folder like ukaviator? Treasury taged?

     

    I am after some idea of the standards of presentation I need for my bundle; the actual data/files I have.

  10. Well buoyed on my others tales of success I have taken Abbey to Court for £2168 spread over 2 accounts.

     

    I started it all back in April and now have a Court Date for September 6th. Just putting together a Court Bundle now.

     

    Damm I am apprehensive of what I might have to do/say in front of a judge. Heres hoping Abbey settle or fail to show!

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