Dragon v Abbey***WON***

[drufcdragonno12]

Filed my AQ a couple of weeks ago, and have received a letter from the County Court which reads as follows.....

 

DEPUTY DISTRICT JUDGE LEACH orders that this claim is stayed until 02 April 2007 to enable the parties to attempt settlement.

 

On or before 16 April 2007, one of the following steps must be taken:

either

the claimant must notify the court that the whole of the claim has been settled; (see note (i)below)

or

the claimant or defendant must write to the court requesting an extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm the agreement of all other parties. (see note (ii) below)

or

all the parties must file a completed allocation questionnaire at the court. Where a settlement of some of the issues in dispute has been reached, a list of those should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

 

Date 05 March 2007

 

Note (i): Where settlement of the claim is achieved before the end of the period of stay the following will be taken to include an application for the stay to be lifted:

(a) an application for a consent order to give effect to the settlement

(b) an application for approval of a settlement where one or more of the parties is a person under a disability: and

© the filing of a notice of acceptance of monies paid into court, or an application to accept monies paid into court out of time.

Note (ii): Extensions to the period of stay will generally be no more than one month

 

Obviously I didn't apply for the stay so it must have been Abbey on their AQ.

As such am I to assume that the onus now lies with them to contact me before 2nd April to "enable the parties to attempt settlement"?

 

I think the likelyhood is that they won't and I will have to submit another AQ on the 3rd April.

 

Has anyone else been hit with this delaying tactic, the Court Clerk (very helpful) tells me this is something new to him and I can't find a similar scenario in the forum.

 

Any assistance appreciated.

[dustym]

Hi

I have the same situation (or very similar) on my case (dustym v Abbey) so if you get any advice, please let me know ! Thanks

Paul.

[drufcdragonno12]

Will do Paul

 

Dave

[tinkerbella22]

Ive had an order for stay as well.

Ive posted on my thread Tinkerbella v abbey. May be of some use.

 

Tink x.x.x

[drufcdragonno12]

I've had a brows through the forum and (with great help from Tink) composed the following.....

 

Dear Sirs

 

******** –V- ABBEY NATIONAL PLC

CLAIM NO: ********

 

You will be aware that on the 5th March 2007, Judge Leach of Doncaster County Court ordered a stay for settlement in the above claim until 2nd April 2007 to enable the parties to attempt settlement.

In accordance with the Judges request I again make an attempt to bring this matter to a close. However, I must point out that in my opinion I have already given ample time and opportunity to you to resolve this affair, which was initiated by me by letter on 06th July 2006.

 

Not withstanding your continuing to debit my account with automated charges since submission of this claim to the County Court, I am willing to reduce my claim, as calculated below:

 

£1188.00 + Total amount of charges

£304.54 + 8% Interest on charges, as per s.69 of the County Court Act

£133.20 + Interest on penalties

£16.11 + 8% Interest on interest on penalties, as per s.69 of the County Court Act

£120.00 + Court fee

£100.00 + Allocation Questionnaire Fee

--------------

£1861.85

£61.85 - Gesture of goodwill on my part

--------------

£1800.00

========

 

I believe that my offer to reduce the amount of my claim to £1800.00 is a fair and reasonable attempt at settlement and does not overly compromise either party.

 

I look forward to hearing from you before the Judges deadline of 2nd April 2007.

 

 

Yours faithfully

 

I've tried to be direct but polite. I also wanted to demonstrate to the Judge that even though Abbey continue to charge me I am still willing to compromise. Any thoughts??

[mariejader]

According to the book small claims procedure a practical guide the one advertised on here it reads:-

 

The parties should have tried to settle before starting the case but, if there is still scope for discussion, there is one last chance to put the case on hold, or "stay" the proceedings. This is not an excuse for not completing and returning the allocation fee.

 

If all parties request a stay the District Judge will direct that the proceedings are stayed for one month (rule 26.4(2)).

 

The District Judge can allow the stay to continue for more than one month but there must be a good reason, and the stay will be for a defined period of time only (rule 26.4(3)).

 

The court must be told if the case settles during the period of "stay".

 

At the end of the stay the District Judge will review the file and give direction (rule 26.4(5)).

 

[mariejader]

If all parties request a stay

 

Maybe someone can look at this statement

 

I hope this helps someone

[tinkerbella22]

Hi,

Looks good and uve tried to comprimise and thats all u can do.

I havent heard anything back from Abbey yet regarding my own letter so I have no idea whether it will work or not.

But at least now uve opened the lines of communication.

 

Tink x.x.x

[tinkerbella22]

Marie,

I dint request a stay in mine either but I think the judge if he feels necessary can request a stay whether u asked for one or not.

Mad Nick had some information about it sumwhere, Ill try and find a link.

 

Tink x.x.x

[tinkerbella22]

Heres the link:

 

The judge could be applying CPR 26.4

CPR - Parts and Practice Directions

 

Tink x.x.x

[mariejader]

any update?

[mariejader]

just seen this don't know if it's of any help?

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

[Mad Nick]

mariejader,

If all parties request a stay Maybe someone can look at this statement

Just in case you were tempted, I remember reading a couple of threads ages ago (so no chance of finding them !) where seeking removal of a stay had backfired - not spectacularly, but it had ended causing more problems and delays than had they just gone along with it. And particularly so in this case when it's the Judge effectively telling Abbey to settle this before it comes to back to him or else. Regards, Mad Nick

[Glenn UK]

FWIW

 

I would apply for the stay to be removed, i dont know the case nick mentons i know of several where the stay has been lifted and one only lasty week using the link above.

 

Ill see if i can find it.

 

Glenn

[drufcdragonno12]

Thanks for your thoughts guys, plenty to think about.

 

It is clear that the Judge imposed the stay and as such I am going to leave it in place and see what happens up to the deadline. I reckon the Judge might not be receptive to having his judgement to impose a stay challenged, and the last thing I would want to do is antagonise him. The Judge has sussed that Abbey will settle very shortly (probably by defaulting later in the process) and he's giving them a nudge to return my money. Looks like I'm turning into the home straight now.....

[Glenn UK]

a prediction, abbey will not settle or contact you until after the months stay if at all

 

Be interesting to see who's right.

 

Glenn

[drufcdragonno12]

Your prediction could very well be on the mark Glenn, I will not be suprised either if Abbey do nothing and we move to the next stage. I think this would be to my advantage because by making an offer to reduce the claim I have reacted to the Judges instruction to attempt settlement, by doing nothing Abbey will be seen by the Judge as being obstructive.

A waiting game now.......

[Glenn UK]

What individuals do is obviously a matter for them, however, it is worth pointing out that if the claimant follows the suggested route and timetable from this forum they have demonstrated their reasonableness already.

 

The application of the stay only benefits the defendant to the detriment of the claimant.

 

They, the banks that is, get sufficient time to enter into some negotiations before the claimant files.

 

JMHO

 

Glenn

[drufcdragonno12]

Noted Glenn, thanks for your advice.

[drufcdragonno12]

Not surprisingly the deadline for Abbey to enter negotiation has passed without a word. So I've had to fill in another Allocation Questionnaire (Given the N150 to complete by CC enquiries desk) so that's another £100 to add. On this form the first question asks "Have you sent a copy of this completed form to the other party(ies)? Yes / No". Can anyone give me some direction on this, because it's not covered in the completion guide section of the templates library. Also, if the correct protocol is for the AQ to be copied into Abbey, is there a template letter to be used? Apologies in advance if my question is easily answered and I'm just being a bit dim.

[FightBack]

Not sure about this one mate, but tbh I'd just send abbey a copy. Why not let em know what's coming their way now they've &%*%)ed you (and the courts) about yet again? Just draft a letter saying basically "you've failed to enter into any negotiation, you've had your chance, therefore I am proceeding with my court action as per this AQ".

 

On a different note, I've swiped yours & Tink's excellent letter above, as my claim has also been stayed. Sent it off Friday, so will be interested to see if I get the same (lack of) response as you...

 

When I rang the court, the guy on the phone said that judges are starting to stay cases off their own back, as my court at least is now listing about 10 bank charge cases a week & is starting to get snowed under!! So it may actually be nothing to do with Abbey.

[drufcdragonno12]

I have sent my second AQ to Abbey along with this letter.....

 

Dear Sirs

 

********–V- ABBEY NATIONAL PLC

CLAIM NO: *******

 

On the 5th March 2007, Judge Leach of Doncaster County Court ordered a stay for settlement in the above claim until 2nd April 2007 to enable the parties to attempt settlement.

In accordance with the Judges request on 13th March 2007 I sent you details (via recorded delivery) of how I proposed to bring this matter to a close by putting forward a reduced settlement offer of £1800. Not surprisingly you have failed to respond to my settlement offer, leaving me no option to continue proceedings through the Court.

 

Attached is a copy of the allocation questionnaire resubmitted to support my claim and a schedule setting out each charge repayment of which is sought. I also claim associated costs incurred in pursuit of my claim, as summarised below.

 

£1188.00 + Total amount of charges

£309.75 + 8% Interest on charges, as per s.69 of the County Court Act

£147.16 + Interest on penalties

£17.02 + 8% Interest on interest on penalties, as per s.69 of the County Court Act

£120.00 + Court fee

£100.00 + Allocation Questionnaire Fee

£100.00 + 2nd Allocation Questionnaire Fee

--------------

£1981.93

========

 

Please note that I remain committed to resolving this matter quickly and without further inconvenience and cost to both parties. I can be contacted at any reasonable time on ***********.

 

Yours faithfully

 

We will see where this gets us......

[tinkerbella22]

hey Dragon,

Did u send yourletters directly to james Arrandale?

I sent him my letters and emailed him as well and requested a read recipt and a delivery recipt.It may be worth emailing him letting him know that uve had to file a second allocation questionnaire and would he be prepared to discuss settlement as its costing them more.

 

Tink x.x.x

 

p.s - once u have a figure in mind stick to it and dont let him barter u dwn. I sed 1550 and stuck to it and he caved. good luck.

[drufcdragonno12]

Hi Tink

 

I didn't send these to Mr Arrandale because I haven't had any direct interface with him or any individual within Abbey, all my letters have gone to the same place (Location Code TS6B03 2 Triton Square etc....). Also I've never had any direct e-mails or telephone calls from Abbey regarding this matter. In one of their standard fob off letters they asked for contact details but they have kept things very formal which to be honest has suited me up to now.

 

This latest delay was not unexpected but has really peed me off, I'm short of another £100 this month and have had to fork out £320 so far, I know it will be refunded but I'm on a tight budget and can little afford to be out of pocket by so much. So I won't be negotiating now, I'm in for the lot. Rant....rant....rant......lol

 

Dragon:D

[tinkerbella22]

Right ok,

I understand y ur peed of, theyre really taking the mik. When I got abbeys defence letter it was from James which is why i sent everything from then on to him.It was also to the location code u mentioned.

Ill be keeping an eye on this thread to see what happens next.

 

Tink x.x.x