Tigs33 v Abbey *** WON ***

[Glenn UK]

Ive got a claim with Southend CC, I havent gheard about a case management hearing but wouldnt be surprised to get notice of one though.

 

If theres anything i can help with please let me know.

 

Glenn

[Tigs33]

Hi Glenn,

 

Thanks for the offer of help. I am going to do some research and make sure I am very well prepared for the 13th Abbey won't know what has hit them

 

Shame it is just a case management hearing I would love to go to court and state my case

[Tigs33]

Thanks Karnevil, I will let everybody know how I get on, I have got my bundle together so hopefully the judge and Abbey will know I am serious

 

The court bundle is also going to be sent off this week for Barclays although I did try and phone Alex Martin to see if he would settle, but apparently he has left and a Antony Lombardy is now in charge, so I am going to phone him tomorrow.

[THEPETCH]

Hi Tiggs,

I

[THEPETCH]

Hi Tiggs,

I guess your Allocation Hearing is 10am the same as mine, I see from your post you're taking the whole of your case prep. is this necessary or are you doing it just to be safe?

Petch

[Tigs33]

Yes mine is at 10am I am taking my bundle with me just in case, but only the original as I haven't had time to do 3 copies. So are you going to Southend CC???

[THEPETCH]

Yeah, I started this claim way back in March and Southend court has apparently been getting case after case, I had mine put in 'Boxwork' for ages so I spoke to the clerk who said they would be having a mass hearing which I guess is Wednesday. Why it's only an allocation hearing puzzles me, unless the judge is waiting to see if Abbey bother to turn up for that?

[Tigs33]

Well it looks like we will find out on Wednesday they obviously must have quite a few cases??? My original case was with Colchester and it has got transferred to Southend but another case of mine (Barclays) is being heard (in full) in Colchester?? and hasn't been transferred to Southend which I find very odd??

[THEPETCH]

Does seem strange maybe it's just the volume of Abbey claims either that or Abbey have requested them all to be dealt with together.

[Tigs33]

I am not sure whether Abbey can actually request that??? perhaps one of the mods can clarify, I personally think that Southend CC have just had an influx of cases If we get court dates I am going to send off my bundle to the courts and Abbey ASAP

[THEPETCH]

Just reading a post regards allocation hearings it seems that you have to give a summary of your case and any points you wish the defence to clarify along with any information or witnesses you may wish to call, whether this will be done en mass or individually I don't know it seems a waste of time doing it individually as we all have the same or simillar points. Should be interesting!! See you there.

[THEPETCH]

Just checked my Email got a suprise comm from Abbey as follows;

Abbey have now taken back the handling of your claim from DLA Piper, and we note that your matter is scheduled for case management conference on Wednesday. I would therefore be grateful if you would call me at your earliest convenience to discuss proceedings.

 

James Arrandale

 

Has anyone else had a similar experience, if so what can I expect. If they agree to a full settlement out of court what do I need to get in order that they do not go back on their agreement?? Full payment by BACS before end of trading Tuesday??

[Tigs33]

Woohooo!!! I hope so, although I haven't had that email lol

[JonCris]

Also if DLA Piper haven't requested permission of the court to withdraw their legal representation they could be in the doo doo.

 

So on the strengh of that alone you are in a good position to demand full settlement as it's doubtfull they'll want to attend court only to face the wrath of the judge

[THEPETCH]

Hi Tiggs,

Rang

[THEPETCH]

Hi Tiggs,

Rang the Abbey and yes they agreed to settle in full and have sent a letter to me and the court confirming this (Haven't received it yet) sent me a copy via Email. Apparently lost my telephone numbers in the transition from DLA to Abbey. Asked me to ring court postponing the Case Management Hearing until I receive cleared funds then write withdrawing the action.

Hope you received the same, seems they don't want a day trip to Southend after all !!

Good luck

[JonCris]

Don't do ANYTHING until you have received cleared funds & let them write to the court saying they intend to settle.

 

There a bank for gawds sake how easy is it to TT the money to an account of your choosing.

 

I have noticed on other threads banks have promised to pay members but they are still waiting

[Tigs33]

I haven't received anything and I am turning up in court!!! WOOOOOOHOOOOOOO!!!!!!!

 

Isn't it a shame I will have to leave before the post turns up

[Tigs33]

Thanks Karnevil, strange I am really looking forward to the hearing, it will be interesting to experience it, and after the BBC programe last night I have even more fuel to my fire. Also something that occurred to me this morning about the "new defence that the banks are now using - the term "service charge" rather than "penalty charge" which might help future claims, but I will post up about this later.

 

Right I am off to pick out a nice smart outfit to go to the court in hey a girl has to dress for the occasion!!! lol

 

I will post up how it went

[Tigs33]

Thanks, I have printed off the "going to court" leaflet and I am going to read it, although this is only a case hearing I am going to be well prepared

 

Giving myself loads of time to get there, (2 hours) (should only take about 45 mins) so I will park up, and go and have a coffee and then get myself to the court so I am about 30 mins early

[Tigs33]

Tigs33 has left the building!!!!!

[jax1964]

Hi Tiggs33, hope your morning in court went well. I am awaiting a hearing date against Abbey so it will interesting to see how this goes today.

 

Jax

[Tigs33]

well well well.... that was certainly interesting.

 

Got to the court at 9.30, got myself seated in the waiting area and had a look at the other cases being heard, there was 5 case management hearings against the banks, 2 Abbey 2 Barclays and one other (I think it was the Halifax)

 

I was the only one sitting in the waiting area at this point, and then it slowly started to fill up. One man asked me if I was from the Abbey :o I said "no but I am claiming agains the Abbey" it seems that his case was an insolvency brought by Abbey

 

I was called at about 10.30 to see Judge Dudley, and there was only two other people waiting for their hearings, as I entered the room I noticed that there was only him and me in the room, no sign of Abbey

 

He said hello and asked me to take a seat. He said that he had received a letter (by fax) from the Abbey dated 11th December stating that they were doing to settle my claim in full and that they are not intending to defend the claim (he did say “no surprise there” ) I said that I had not received that letter but that when I left this morning it was before the post had been delivered and perhaps it was waiting for me on my return. He said he would adjourn the case for one month, and that I was to write and let him know when Abbey had PAID the money into my account, he said he wanted to make sure they paid within the month, he would not be satisfied with their intention to pay. I thanked him for his help and time and left the room.

 

From what he said to me he wasn’t very happy that obviously Abbey had left it to the last minute to let him and me know that they had settled. He was utterly charming and helpful and I would strongly urge anybody who is worried about meeting a judge not to be, I could tell that this Judge was definately on our side.

 

I am happy that they have said that they are going to settle, pleased I went to the Court to see what it was all about and to meet the Judge (I could have kissed him when he told me that they weren’t going to defend – but I didn’t think kissing a judge would be very appropriate!!! ) but also quite disappointed that I wont be the one that perhaps will take these claims any further now.

 

When I got home there was no letter from the Abbey.

[jax1964]

Well done & congratulations. I have just heard that I have an allocation hearing on 25th January, I wonder if they will settle before then.

[Tigs33]

Hi Jax, I am sure they will settle or tell the courts that they have settled before then. Don't worry about going to Court everybody was really nice. I am 100% sure out of the 5 cases I was the only one who turned up so I am sure that they have said they would settle the other ones, the Judge did say to me that he had received a lot of faxes from the banks saying they are settling the claims