I had a similar notice to this. I wrote back to the Court requesting that the stay be lifted ( and it has been - court day now for April) on the grounds that I did not believe the Abbey would enter into any reasonable negotiations and that I would like the case to move on in order that the case be settled as soon as possible. Add anything else you think applicable as to why the stay be lifted. Hope this helps.

Yes I believe that the cost does go up with the amount you are claiming, but I'm not sure what the highest amount is off the top of my head but there is a maximum somewhere around £100.00 - £150.00. The Moneyclaim form will give you the amount you are due to pay.

"To The Abbey Bank, Ref With reference to the above account, I have today written & e-mailed Debt Management and Recovery Services Ltd., requesting that no further action be taken on this account as it is in dispute, I have also asked them to confirm receipt of this letter and also to confirm that nothing has at present been registered with any credit reference agencies. I believe I am right in referring to Section 13.6 of the banking code, which states that if an account is in dispute then you cannot pass this on to a credit reference agency or debt recovery service. I consider this matter to be a serious breech of the banking code and data protection act and I now require you to remedy this situation by a) recalling the debt from (The Clangers Debt Recovery) b) removing any reference you may have made to any credit reference agencies c) informing me in writing within 7 days that you have actioned my requests.. If not then I will make a formal complaint under the Banking Code and to the Information Commissioner. You are obviously aware that this is now in hands of ……..County Court, - Claim No: ……… I have received from ………. County Court a General Form of Judgement or Order, ordering a stay on this claim, which I have today asked to be removed and that the case be allowed to proceed. I have also notified the District Judge at this Court that you have passed this matter to a Debt Recovery Service. With regard to the interest still being charged on this account I now request that you do not apply any more interest to this account on the amount in dispute being £2,762.00 + interest + my costs and that any amounts of interest that have been applied to my account for this amount be refunded. Please confirm receipt of this letter along with your comments. Yours faithfully Sent the above letter to the Abbey and they are now long overdue in replying, anyone any thoughts on where I go from here. I've have had the stay lifted and have a court date now for April. Also paid an extra £100.00 for a transfer of court, which Lula (above) thought was incorrect but a friend of mine also had this situation and had to pay the extra £100.00. I guessing that the court will automatically add this to the amount I am claiming from the Abbey. Thanks all.

Yes I think you right in what you say regarding the interest being stopped once it goes to a collection agency, so in some ways your probably financially better off if it does but then knackered with your credit rating! I will keep posting when I get any further info. Thanks again and I will have a look at that thread.

OK Thanks, think I will give the Court a ring tomorrow and clarify this, as the Court have taken this payment on top of the original fee to moneyclaim. Will keep you posted on that one.

Filed my claim with moneyclaim on line and the Court originally was Northampton and then received notification that they were transferring to my local Court and an extra £100.00 was payable I guess this is refundable as well. When filing a claim with the Court you then claim your 8% interest, does this interest keep accruing then until till the matter is resolved or do you just get the amount stipulated on your claim. Just wondering now how I add the extra £100.00 to the claim as well? Thanks

Thanks again, have done a little delving and so have edited the above to read as follows;- (thought it might sound as though I know what I'm talking about -lol) "To The Abbey Bank, Ref With reference to the above account, I have today written & e-mailed Debt Management and Recovery Services Ltd., requesting that no further action be taken on this account as it is in dispute, I have also asked them to confirm receipt of this letter and also to confirm that nothing has at present been registered with any credit reference agencies. I believe I am right in referring to Section 13.6 of the banking code, which states that if an account is in dispute then you cannot pass this on to a credit reference agency or debt recovery service. I consider this matter to be a serious breech of the banking code and data protection act and I now require you to remedy this situation by a) recalling the debt from (The Clangers Debt Recovery) b) removing any reference you may have made to any credit reference agencies c) informing me in writing within 7 days that you have actioned my requests.. If not then I will make a formal complaint under the Banking Code and to the Information Commissioner. You are obviously aware that this is now in hands of ……..County Court, - Claim No: ……… I have received from ………. County Court a General Form of Judgement or Order, ordering a stay on this claim, which I have today asked to be removed and that the case be allowed to proceed. I have also notified the District Judge at this Court that you have passed this matter to a Debt Recovery Service. With regard to the interest still being charged on this account I now request that you do not apply any more interest to this account on the amount in dispute being £2,762.00 + interest + my costs and that any amounts of interest that have been applied to my account for this amount be refunded. Please confirm receipt of this letter along with your comments. Yours faithfully .........." Hope this might help anyone else in same boat, still not sure if I'm witihin my rights to ask them to stop charging interest on amount in question or to refund any of it either- just trying to bluff my way through it. Thanks for all you comments. Will keep you posted. Good luck to all of you.

OK, Have decided to write to the Abbey - like you say no harm in asking, have written as follows: "To The Abbey Bank, Ref ................. With reference to the above account, I have today written & e-mailed Debt Management and Recovery Services Ltd., requesting that no further action be taken on this account as it is in dispute, I have also asked them to confirm receipt of this letter and also to confirm that nothing has at present been registered with any credit reference agencies. You are obviously aware that this is now in hands of ……..County Court, - Claim No: ……… I have received from ………. County Court a General Form of Judgement or Order, ordering a stay on this claim, which I have today asked to be removed and that the case be allowed to proceed. With regard to the interest still being charged on this account I now request that you do not apply any more interest to this account on the amount in dispute being £.....00 + interest and that any amounts of interest that have been applied to my account for this amount be refunded. Please confirm receipt of this letter along with your comments. Yours faithfully" I will be very suprised if I even get a reply, let alone my requests actioned but thought if I mentioned that I had applied to have the stay removed it might just kick them into action - I live in hope !!!!!!!!!!!

Can I ask Abbey at this point to freeze any further charges on this account due to the fact that this is now in dispute???? Thanks again.

OK thanks, I guess this is the epic template (application for removal of stay) do you know if there is a fee for doing this as have just paid another £100.00 for change of Court, which they've banked. Also any ideas on what I can do re: the Debt recovery, Abbey are still obviously charging huge amounts of non -authorised overdraft interest on this account, should I write to the debt recovery explaining the situation and can this non overdraft interest be persued as well?? Thanks

Where it says "since 31/10/05 the defendant debited charges and interest in respect ...." I'm thinking you just leave out the word interest here. But you should carry on claiming the interest @ 8% as this is the interest you are due on your charges, overdraft interest I believe is a different thing again, you are entitled to claim this as well if you want to, somebdody please correct me if I'm wrong. Hope this helps.

Thanks for your ideas, anyway rang the court today to clarify, thought that was probabbly my best approach and basically they said that as there are so many of these cases the Judge recommends that the claimant tries to sort it out with the defendant, in this case before the 21st April 2007, should neither party contact each other during this period then the Judge will set a date for the hearing, unless there is a test case during this time and then I guess this will set the president for future claims. So should we contact the Abbey and try to come to an arrangement, like accepting to pay £12.00 per charge or just sit it out, obviously the Abbey aren't going to push this are they, they'll be quite happy to sit back and wait. As I said this account is now in the hands of Debt Recovery Services so my partners in a situation where he needs to sort this out. I didn't think the Abbey could put this to debt recovery as we have a claim with them. Any suggestions as to where I go from here would be very gratefully received.

Reclaiming charges on behalf of my partner. Firstly the court was changed to our local court (another cost of £100.00). Allocation questionnaire returned to Court, have now received a General Form of Judgement or Order, really not sure what this means, reads as follows: "To Claimant's Solicitor "Before District Judge ...... sitting at ..... Court Upon both parties filing allocation questionnaires IT IS ORDERED THAT The action be stayed until 21st April 2007 or until further order on the basis that there is a possibility of a test case before a Higher Court within the next few months the result of which is likely to reduce the need and/or amount of litigation in these type of cases:the stay will afford the parties an opportunity to try and settle the matter without a court hearing. Liberty to apply to remove stay. File to be referred back to the District Judge by 5th May 2007. order was made on the District Judge's own initiative to CPR Part 23.8. If you object to the terms of the order you make an application to the court to have it set aside, varied or stayed within 7 days of receiving it pursuant to CPR Part 23.10 21 February 2007." Any one know what do I do from here and what does this mean? Also Abbey have cancelled his overdraft facility and have passed his account to a debt management recovery service, can they do this? Any help much appreciated.

Allocation questionnaire due in tomorrow, soooo confused, can somebody please tell me exactly what I have to put or attach to Section G of form N149, I'm getting panicky. Thanks to all.

Had success from the Halifax and Capital one if that gives you more hope, am presently on the case of Abbey as well. Suggest you start by requesting your last six years statements to start with so you can calculate how much they have taken from you over that period of time, have a look in the templates section it will give you all you need in there. Good luck.