Today i recieved a cheque for the full amount However, this was sent before i filed my warrant, as such i am down £55. Is this possible to reclaim, or will the court refund it when i contact them to let them know its been paid? Also, should i let the court know now or wait till the cheque has cleared? Cheers

I assumed it would be issued to the address on the warrant form (triton square), not really bothered where, just the result concerns me. From reading the court literature i'm of the impression that they will have another chance to pay now anyway, so i would doubt it would come to the bailiffs anyway... Though i may well be wrong

The Warrant would be issued to triton square as thats where all contact has been directed and was the address on the claim. Really dont know anything about what happens now, I assume the court will contact them giving them a final deadline before the bailiffs are sent

quick update, been busy so havent had time to visit the court till today. Its now 22 days past the judgement date and i havent heard a word from abbey, no letter, no email, no phonecall and definately no cheque. The court were very surprised that abbey hadnt paid or applied to have it set aside or contacted me in anyway. so i filed my warrant of execution. no idea what happens now or how long it will take.

Thanks KnellyK, I cant do anything now till at least tuesday so i'll give them till the middle of next week

Your right of course, however from when i spoke to the court i got the impression that they were sent the judgement at the same time as they sent it to me as such abbey would have only received it today or yesterday as well

New Update. I filed a request for judgement on 4th may at the local court. Today (24th may) i received the following from the judge: To the Defendant You have not replied to the claim form. It is therefore ordered that you must pay the claimant £****.** for debt (and interest to date of judgement) and £###.## for costs. You must pay the claimant a total of £####.## by 14 May 2007 What should i do now? Little confused as to the payment date being before i received this letter. Also the clerk said not to get too excited just yet as they could apply to have the judgement set aside ?? Should i allow them time to respond? Should i contact them? if so who? Should i just go ahead and seek a warrant of execution now ? Thanks for all your help so far Paul

Can Anyone offer some help Cheers

Just come across another matter that slightly worries me... Whilst looking through my figures for the judgement request, I noticed that the formula i took from this site to work out the daily rate of interest doesnt actually tally up with the amount that the spreadsheet (also from this site) has added per day since the date of issue. the amount on the spreadsheet is some 8p per day less than the figure placed on the claim form. I will of course be using the spreadsheet figure as i will supply an upto date schedule with the request for judgement. Is this a problem... could my claim be quashed on this?

Hi all... Havent had a chance to check the forum in the last couple of weeks. Thanks dozerblue.. Good luck to you as well. Ok, So abbey had untill the 30th april to submit details of when i was overdrawn. Easy enough info (and non-incriminating) to come up, but as some of you said, when i phoned the court today abbey have failed to submit anything as yet. The court told me i should fill out a request for judgement asap (a much more helpful and supportive clerk than the one i spoke to before). I have friday afternoon off so intend to submit my request for judgement then. A couple of questions. Anyone with experience of requesting a judgement... How long does it normally take to get a decision and then if in my favour how long will abbey have to pay me? Also when i make the request i must add interest since filing my claim and the £100 for my aq. Is it also possible to claim any costs... eg. the 10 odd recorded letters, paper, time, the 3 half days i have taken from work etc etc ? Or do i now settle for the claim plus interest without costs ? Thanks guys/gals

Well I phoned the court today and am back to being concerned. Basically asked him to explain the route this was taking and why the judge wanted to know from abbey details of when i went overdrawn. The court said because if they show i was overdrawn then the charges are fine... I said the case was about whether they were fair not whether i was in a position that warranted me to cover their costs... He said it didnt matter. Maybe he was jus having a bad day... Have to wait and see now.

Thanks alot guys, Though i still have a few concerns I'm much happier about this now. Cheers

Just reading another thread, Should i have received a copy of abbeys AQ? If so, who from... Abbey or the court?

Thanks Michael. I'll give the court a ring tomorrow to see what they say. Allthough this on one hand is good in that the court is making abbey work. What hes asked for is simple enough for them to supply. As such it seems that maybe this actually only serves to give abbey a bit more time

I also dont understand why this is coming up now, the defence was filed on 7th march and both the abbey and myself have since filed our AQ's on 28th march.

Paragraph 6 The Claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of seperate occasions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the claimant became liable to pay fees to the defendant in accordance with its tariff of charges applicable at the relevant time. In accordance with the conditions, such fees were debited to the account. (para 3 they refer to basically says at all times the account has been subject to the applicable terms and conditions which form part of the contract betweem the abbey and I which i agreed to on opening the account)

Update, After Michaels helpful advice I filed my AQ on 28th March. Today I received a letter from the court which has left me totally confused : --------------------------------------------------------------------- General Form of Judgment or Order 16 Apil 2007 Upon reading the court file IT IS ORDERED THAT Unless the Defendant serves and files the particulars indicated at paragraph 6 of their defence of 7 March 2007 within 14 days of service, defence is struck out and permission for the Claimant to enter judgement for the sum claimed. Dated 30 March 2007 ---------------------------------------------------------------------- Any ideas whats going on here, If I need to do anything, why the date of the letter and the date they wrote at the bottom are different etc I expected the next thing to be directions to file my court bundle and a hearing date... Instead i got this letter that has me a little confused. Is this normal. Thanks for any help you can offer. Cheers Paul

thanks Michael, you've been very helpful. I feel ok to get that filled out now. cheers

Thanks, Ive read it through and think i am up to speed with most of it. One thing i'm not sure of is where the draft order states that within 14 days of service i will supply the required documents (which im pretty ok with, a couple of questions later). Does that mean 14 days from when i submit the AQ or 14 days from when the judge has looked at it... If the latter will I be notified of the date i must comply with my draft order by?

thanks michael, Do i just copy those passages.. I dont need to change anything (bar my details) Also, My letter from the court doesnt mention sending a copy of the AQ & attachments to the defendant. It just says to return the AQ to the court. Do I have to send it to abbey as well? If so does it matter if abbey recieves it by the date specified by the court? Sorry for all the questions and thankyou for your help Paul

Hi, I sent a letter rejecting abbeys 50% settlement offer. I now have untill wednesday to hand in my allocation questionaire. This looks fairly straight forward except for section G: Other Info Ive had a look through the site and whilst some are filling out section g on its own and some people are filling in section G and adding a draft order as well. can anyone please advise me on what to put in this section and whether i need to add a draft order or not. Really dont know what i'm doing with this sectiopn Any help much appreciated. Thanks Paul

Thanks Michael, i'll have a look through those

New update. After filing my N1 on 9/2/07 I received an aknowledgement of my claim on 26/2/07. Today (9/3/07) I received a letter from abbey including a defence and a "without Prejudice" settlement offer of 50% of my claim as full and final settlement without admission of liability. Now obviously I'm noy going to accept that offer, but do I respond to the letter rejecting the offer or do I just let the case proceed along its natural course ? What do I expect next ? Cheers Paul

On friday (9th) I filed my N1 at the local court. Just like to say how helpful the court staff were, going through my form and assuring me i was doing the right thing. Also the speed at which they work as saturday (10th) morning i recieved a letter from the court saying that my claim had been filed and would be deemed served on 11th feb (today) Interestingly the letter says i filed the claim on the 9th, yet apparently theyu sent it to abbey on the 8th.... ?? Abbey now have until the 26th feb to reply. On returning from the court on Friday i found another letter from Marc Winder on my door mat. This was simply another letter apologising for the delay in investigating my claim and reassuring me that my complaint is important to them. This is annoying as i have allready replied to Mr winder's last letter reminding him that a Mr daniel Holmes had allready carried out a full investigation of my complaint and as such i would stick to the schedule laid out in my LBA (i actually went a couple of days over before filing my claim) . Do you think i should reply to Mr Winder again or just leave it, now that i have filed the claim? Cheers Paul

Thanks Nick... Very helpful