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Glenn Vs Abbey


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what are the consequences for Abbey if they haven't filed an AQ?

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Wotcha Noob

 

In practice it could lead to Abbey having their Defence struck out!

 

In reality, the Court may give them a little while longer to submit!

 

Wait for the Court to advise (you could even ask them yourself?)

 

PS I WON today!! full settlement out of the blue.......... :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Come on Frenchy, you know that you just charmed them with your views on women, which you really must come and start a thread on in the Bear Garden one of these days :p

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ha ha.... I dread to think.......... just trying to source some heavyweight body armour and an industrial strength cricket box..... :D:p

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Cant you buggers go and find somehwere else to play?

 

I was hoping to keep the reply count down so i could have the thread with the lowest number of replies when its settled!!!

 

Only kidding,

 

Dear Sir/Madam

Glenn Lewis Horton, Claimant

V’s

Abbey National PLC, Defendant

In The Southend County Court

Claim No 6SS 03187

May I humbly request that the Court considers striking out the defence of the Abbey National on their own initiative pursuant to CPR 3.4(2)(a), (b) and ©.

In support of the request to strike the defence out, the Claimant would draw the Courts attention to the following matters.

The court claim was submitted and acknowledged by the Defendant whereupon they sent the Claimant a copy of their defence, dated 12th October 2006. The Defendant had instructed DLA Piper UK LLP to act on their behalf.

Since the submitted Defence contained errors of fact, I wrote to DLA Piper and informing them of the errors as a matter of courtesy. This was delivered on the 19th October 2006.

Since the matters related to the state of the account, the presence of an overdraft and the amount claimed, the Claimant expected them to submit a revised defence since they are in fact serious flaws and question whether the defence submitted in fact related to the Claimants case.

To my knowledge DLA Piper and the Defendant have failed to acknowledge the failings in their defence and have not submitted, or requested permission to submit, a revised defence.

On the same date I wrote to DLA Piper for further information and clarification of their defence pursuant to CPR 18 also delivered to DLA Piper on the 19th October 2006. DLA Piper failed to acknowledge receipt of the request and have failed to provide any clarification or further information.

The Court served the Allocation Questionnaire on both the Defendant and the Claimant with a return date of the 6th November 2006. The Claimant submitted his Allocation Questionnaire by hand on the due date and paid the requisite fee. The Claimant also served a copy of his Allocation Questionnaire on the Defendants representative, delivered on the 7th November 2006.

It is noteworthy that the Allocation Questionnaire also contained a request to strike out the defence (Copy attached). Neither the Defendant or their representative have acknowledged or responded either to the Court or the Claimant, as far as the Claimant is aware.

The Claimant respectfully draws the Courts attention to the attached request to strike out the defence based on the Defendants previous abuse of process in respect of claims made in respect of the return of unlawfully imposed charges,

On the 9th November 2006, the Claimant requested that the Defendant settled the claim in full. This letter was delivered to DLA Piper on 13th November 2006.

The Claimant contends that the Defendant and their representative have abused the goodwill of the courts and have failed to comply with the duties and responsibilities by failing to acknowledge or respond to various legitimate requests from the Claimant.

The Claimant and the Court have between them sent a number of communications to the Defendant or their representative which required or deserved a response, to date these have gone unheeded.

I respectfully request the Court treats the defence with the respect it deserves and strike it out.

In the event that the Court is minded to allow the defence I would ask it takes any other action it deems appropriate in this case.

Yours Sincerely

Glenn Horton

Cc DLA Piper UK LLP

 

What do you think

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Too many big words for me. If they mess mine up the same I might even copy it and send it myself just to look clever.

Cahoot

Prelim sent 2nd Aug 2006 - usual "if your not happy then sod off" reply.

LBA sent 25th Aug 2006 - another "if your not happy then sod off" and an offer to refund £130, accepted as partial settlement, used to pay for MCOL

MCOL filed on 15th Sept 2006.

Acknoledged 26th Sept 2006

Defended 12th Oct 2006 in a letter to me but not to the courts

Started judgement by default on 30th Oct 2006

Barclaycard

Citibank

Halifax sent S.A.R - (Subject Access Request) on 09/10/06 nothing back yet

Capital one

etc..........watch out here I come.

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Liking it Glenn liking it, I would love to be a fly on the wall when they read this, cant yu feel that money coming to you ;)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well IMHO...... it's unambiguous and succint. Very good letter, I hope the Judge has the nous to strike out their defence as it can be quite clearly demonstrated you have taken all the steps necessary to reach a solution only for Abbey to totally disregard, abuse and waste Court time and process.

 

I think there can only be one outcome. Nice one Glenn, it has my vote! ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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How come you haven't had to fill in an N244 (like the one I am filling in now). Have you just written a letter. Love the letter by the way. I have done a draft off my N244 and wondered if you would pop over to my thread and read it (it should sound very familiar - as it has been plagarised (sp!) from your thread. LOL

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I have just written a letter following discovery of the failure of abbey to send in their AQ.

 

I never thought i would have to fill in a form to send them a letter.

 

Ill ask them when i next speak to the court if i should have done something else.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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The N244 is only used to make amendments to your claim (for instance, if you haven't properly Particularised your claim.)

 

You don't need an N244 to ask the Judge to strike out their defence.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Well, Ive been on to the court this morning and Abbey still have not filed their AQ and mine plus supporting requests to strike out their defence is awaiting the judges directions.

 

I still fantasise, if thats the right word, that the judge will strike out their defence. I'm pretty certain the judge wont do that, but it would be good.

 

we can live in hope though.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks Elizabeth

 

As much as it would be good to win, somehow i dont think im on the home strecth yet.

 

Until the judge makes some kind of judgement or order, i wont hold my breath.

 

Thanks for the support though

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi Glenn

 

I have had a rather puzzling response or rather non response regarding my AQ. Abbey filed an AQ in my case and the district judge has required abbey under a General form of Judgment or Order, to provide details of test cases or draft directions for my case to be heard as a test case. They had to provide this info to the court and me 14 days before prelim hearing which is on 28th. I have had no response from abbey and notice a lot of people are getting no response from abbey. Do you think they are giving up. Hope so.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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hmmm Bish, I dont understand, there has been no test cases, unless the Judge wants them to admit that they have never let the matter progress to a court case, thats an interesting one :confused:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I think what the judge is saying to abbey is provide details of proceeding test cases so that he/she can stay my case pending those test cases, or provide draft directions so that my case can be sent to the multi track as a test case. The judge gave abbey 14 days prior to the hearing date of the 28th to provide the details to me and the court. I have received no details, so not sure what is going on with abbey. I am sure the Judge, bless him or her, was pushing abbey into a corner and on my side. Like you say elizabeth1 the courts must be getting tired of this, I know I am.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Bish

 

In my case Abbey appointed DLA piper and they submitted a defence.

 

There has been no correspondence from the defendant or their representatives since. I have written to DLA Piper a number of times with copies to the Court of course.

 

Seems to me that either DLA or Abbey have gone deaf, metaphorically speaking of course.

 

I have spoken to the Courts and they have not had any submissions from the defence in relation to the claim, neither have DLA Piper applied to the court for permission to withdraw from the case.

 

Since i have sent the defence a number of letters which have been signed for, they cannot claim they didn't know of the claim, so i am not certain what they're up to.

 

My AQ was filed requesting the defence was struck out and 7 days after the due date for submission of AQ, i wrote to the court asking that the defence is struck out.

 

As i said I don't hold out much hope of it actually getting struck out, but it seems about as good a chance as one could get.

 

The Court have told me that my AQ and file is before the Judge and so its a question of waiting for him/her to review and make a decision about the claim and their defence.

 

I have my fingers crossed more in hope than expectation.

 

If i were you Bish I would write to the court complaining about the behaviour of the defendant and perhaps ask the court to strike their defence out.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hello Glenn

 

Have shABBEY still not handed their AQ in yet? Mine had to be in by the 7th Nov, and I've just spoken to the court, and the lady told me that all AQ's had been submitted to the judge on the 10th!!! Just waiting for a hearing date now, as she said there was a backlog at the moment.

 

I knew it would be me, I'm going to be the TEST CASE, I just know it!!!:o

 

Phil:)

This is only my personal, honest opinion!

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A small update, received a copy of the order the court sent to abbey today.

 

They have until the 30/11 to submit an AQ or get their defence or any counterclaim struck out.

 

Sounds to me like abbey have not a lot of time to get their fingers out to me, since unless they're working over the weekend and got their post this morning they wont get it till Monday.

 

Oh and I presume that the court sent it to their nominated Representative too, so I wonder when abbey will actually get a chance to deal with it.

 

Still Ill check 1st thing Friday with the court to see if its been submitted and if it hasn't ill ask the court to strike and award judgement by default.

 

Now I have to write a letter to the court informing the court that i haven't had a response to my CPR 18 request and would they mind giving the defendant a gentle nudge to remind them or perhaps order standard disclosure, as its fast track should be ordered i would have thought anyway.

 

Hopefully the court will be unhappy with abbeys performance so far and give them a short delivery time for that too.

 

Glenn

 

PS I have the name of a judge who made the order, does anyone know if the form is to write to the judge directly or do i still write to the court manager and request the court to deal with the issues?

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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If a Judge has now been appointed (even though this could change at a later date) I would write FAO District Judge XXXXXXX

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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