M'n'M Vs Abbey

[M'n'M]

We had the account privalidges revolked overdraft because of the dispute and us transferring business to another account and the overdraft was at £1100 pounds to which we have not paid a penny because the account was/is in dispute.

We have recieved letters from two DCA's now requesting payment in full and have stipulated to both that the account (to which the so called debt arrose from is in dispute) and that it is currently within the county court process and would be resloved as result of this process.

We have relayed this through telephone communication, scotcall have stipulated that may send a representative at which point i mentioned they would be unwelcome . I have looked in the debt collection threads but I am a bit unsure of what to do as the so called debt is far less than the claim and have put in writing to the bank that it would/could be deducted form the refund of charges.

Have we done right or wrong not quite sure?

 

I have just phone the countycourt to track the progress and all parties to attend on a date in august?

[Guest louis wu]

Have you recieved the proper notification from Abbey regarding the passing of this info to a DCA (have you been defaulted as well?)

 

This happened to me, but at an earlier stage, so the default removal has been added to my (second) claim against them.

 

If you have been defaulted, you may be able to amend your claim to include this, but I'm unsure if you have passed the deadline. Either way, I think Abbey have been naughty doing this to an account thats being disputed (although the banking board told me it was Abbey's right and weren't interested).

 

Louis

[M'n'M]

How do find we find out if they have added a default against us, get an up to date credit reference I presume.

Does anyone know which one of the two main ref agencies abbey use?

and does August seem a long time to you?

[Guest louis wu]

How do find we find out if they have added a default against us, get an up to date credit reference I presume.

Does anyone know which one of the two main ref agencies abbey use?

and does August seem a long time to you?

 

 

Did they ever send you a 28 notice to issue default information? If not they shouldn't have defaulted you. Best to give them a ring, and ask what the current status of your account is. Let us know what they say.

 

As to August, it seems a long way off, but is not exceptionally so (in my limited experience that is).

 

Louis

[M'n'M]

Thanks for the advice.

We will contact the bank to discuss the status of the account.

Can anyone tells us what to do next as we are getting concerned, reading other threads we have had no direction from the court as to what to submit or suply just a date and time, we have filled in AQ's for both claims and they are both being done at the same time. we have all correspondance filed ready to duplicate and print off.

Also we have informed the bank since the the online claims that the ammount will increase due to the daily intrest how do we allow for that in court on the day because the ammount now is higher than the original ammount claimed for.

Any suggestions welcome.

Thanks M'n'M

[M'n'M]

Hi again.

We Have looked at the letters from the court with the date on them and it says

 

Upon the courts own motion. the court has made this order of its own initiative without a hearing. If you object to the Order, you must make an application to have it set aside, varied or stayed within 7 days of recieving it.

IT IS ORDERED THAT

1. directions will be given in the case by the designated Judge, His Honour *********** on the ********* at *************.

2. The parties May appear in person or make representation as to how the case should proceed provided a copy of the representations is sent to the court and the other side at least 7 days prior to the hearing.

 

We have not responded thinking that this was when the case was to be heard are we correct.

 

Please help

We don't want to get this far and mess up.

[M'n'M]

Sorry to bump this but we would be grateful for some advise on our post above.

Anything would be appreciated.

Thanks

[ohoh4312]

Hi there

 

I am struggling to help you, as I have only just filed at court, but from what you posted it looks like a Directions Hearing.

 

Have you looked at this:

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

It may help.

 

Thats the best I can do I'm afraid, sorry, but if you get really stuck you could PM a Mod or Site Helper for advice.

 

Best regards

 

Jo xx

[M'n'M]

Thanks for that ohoh4312 it did help, until cardiff county court stayed all claims, is it likely that we will get the stay lifted if we apply to the court?

We don't really know on what reasoning they would grant such a request, and it was the directions hearing anyway.

Are we missing something or are we obliged to sit and wait.

Intresting that after the stay was issued we had a fresh DCA letter about the upaid overdraft, we are 100% on how do deal with that epecially if it goes to court (unlikely) fair is fair if they can have a stay so can we as the ammount is made in part of bank charges.

 

Any suggestions on our stay or is it sit and wait?

Thanks M'n'M

[M'n'M]

From what we can see about stays in the forum the posts are mostly from 2006 when the mercantile case was on, Is the OFT case different in terms of getting a stay lifted, the reasons on the template letter/s are very valid reasons for getting a stay lifted, should we be applying for a stay we know the extra cost will be ours with no gaurantee of the application being sucessful, we are a bit unsure on how and if to proceed.