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Abuse of process?? - advice please


drufcdragonno12
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Like many people I have had my claim against Abbey stayed pending the OFT court case.

 

Abbey have now removed my overdraft fascility despite refusing my request to reduce it a few months ago. When the O/D fascility was withdrawn I transfered all my banking to the parachute account I'd set up. Abbey are now threatening to default the account if I don't pay up. Am I right in assuming that they cannot do this because the account is in dispute (has litigation pending against it)?

 

Any advice greatly recieved.

Dragon

 

:)

 

Abbey

S.A.R. - March 06

Settled in full £2300 - May 07

 

Abbey2

RFP - 13 June 07

N1 Filed- 20 July 07

Stayed - 07 Sep 07

 

Capital 1

S.A.R. - 25 June 07

Statements recieved - 29 June 07

RFP (with CCI) - 10 July 07

LBA (with CCI) - 30 July 07

N1 Filed (with CCI) - 19 Sep 07

Offer recieved (8% not CCI @ 34.9%) 28 Sep 07

Defence Filed (on basis that claim settled) 02 Oct 07

Cheque recieved and banked 16 Oct 07

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Hi Druf,

 

It may well be worth making an application to lift the stay on the grounds that they are seeking to enforce a disputed debt and seeking to defame your credit record by putting a default marker on it. It would be interesting to see if a judge would be willing to grant an injunction to prevent action in this situation.

 

All the best

 

Zoot :)

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Thanks for your thoughts, food for thought over the next few days

Dragon

 

:)

 

Abbey

S.A.R. - March 06

Settled in full £2300 - May 07

 

Abbey2

RFP - 13 June 07

N1 Filed- 20 July 07

Stayed - 07 Sep 07

 

Capital 1

S.A.R. - 25 June 07

Statements recieved - 29 June 07

RFP (with CCI) - 10 July 07

LBA (with CCI) - 30 July 07

N1 Filed (with CCI) - 19 Sep 07

Offer recieved (8% not CCI @ 34.9%) 28 Sep 07

Defence Filed (on basis that claim settled) 02 Oct 07

Cheque recieved and banked 16 Oct 07

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perhaps on the grounds also being vexasious zoot,i put this on a thread earlier today the master of the rolls 2006 his report on vexatious

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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