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    • ignore stop panicking about a whole nothing burger. 100's of threads here. dx  
    • this is not America, don't keep believing what you see on TV or about the USA means that happens here, it DOES NOT. you won't and they can't use character assassination to try and discredit you nor can they access ANYTHING that is not already in the PUBLIC domain about you. none of which you are fretting about are PUBLIC RECORDS. as for 'being arrested = a criminal record' = untrue. where did you ever get that idea from?? it is not publicly available and is only held on police PNC. and no your details cannot be published in a news paper = same rules apply to you as the accused, in fact even more so. you really do appears to be reading some very weird websites..  
    • Thanks dx and jk.   I'll just ignore them. I did check the advice given in other threads but wanted to be sure that was still relevant to my situation.  Thanks again. Appreciate the support 
    • I've been on this site for eight years and I haven't seen one PPC case where a DCA turned up at the motorist's door. Even if they did they couldn't do anything, but in any case it's never happened. If you read this short thread you will see all the stages of the legal procedure all the way to winning in court, which is highly unlikely to be necessary in your case  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • They upped the quote by £120 in the end, forcing me to go elsewhee
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Andrea V Abbey - BEWARE !!!!!


AndreaDay
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Ok, Good news, I think...... DLA Piper have made me an offer of £1371.09, which they have worked out as half of my original claim + court charges, however meanwhile SCAbbey have already refunded me half and the default judgement was only for £1377.19, in effect meaning, bar £6.10 if i accept Piper's offer i have had a full refund....... Do SCAbbey and Piper not talk or something and do i just accept this offer quickly or what?????

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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Andrea, this is indeed good news, but you need to confirm with DLA in a "without prejudice" letter/email, that when the abbey give you back the money, this is the amount you will receive and not that amount minus the GOGW. In other words, Abbey must agree that this is the amount of money that you will get, and not that minus the gesture of goodwill, be very careful. There is a school of thought that says that Abbey might deduct the GOGW willhe nillhe, dont accept unless that is confirmed

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I've just had that conversation with them..... son's of witches!!! you're right the buggers want to take off what has already been refunded so i will see my day in court !!!! Can i change my woooo hoooo.... excitement so short lived.... never mind, i won't give up!!!!

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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UMMMM.... how about .... Beware!!!

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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Bless you guy's.... don't know what i'd do with out you all...

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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  • 2 weeks later...

Abbey have sent a defence in to court and are now taking me to court on the 20th Novenber to apply for the default judgement to be set aside...... should i be panicking?????? i'm scared!!!!!

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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This is quite a standard procedure by Shabbey.

 

My take on it is this....

 

DLA is overrun by claims and mucks up on a regular basis. Sometimes it fails to file defenses, others it fails to file Allocation Questionnaires.

 

When it fails to file a defence, it will ALWAYS apply to have the default judgement overturned. I have yet to see it fail in this.

 

There are two takes on it:

 

1) you can agree to have the judgement "set aside"

2) you can dis-agree.

 

If you agree, then it will happen.

If you disagree, the judge will probably allow it anyway but the process will take longer.

 

If you're not in a rush, I would suggest preparing a list of claims where DLA has done this in the past, only to the settle out of court at a later date. Write a letter to the judge listing all these cases putting forward an arguement that, seeing as Abbey has NEVER seen any such similar claim through to a hearing, granting a set-aside would be agreeing to allow Abbey to further waste the court's time.

 

Perhaps the wording should contain phrases like "in my opinion".....

Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00

Abbey - Won Charges Refund of £1050 - Nov 06

Egg - Recovered £220 due to Customer Services misinformation - Feb 2007

Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.

 

Please check out my web site www.BankChargesScandal.co.uk for Research, Useful links and my story.

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ok thank you very much for your response odd fellow but i'm not quite getting it.... (i'm sure i should be blonde and not brunette!)...

 

all i've had is a 'notice of hearing of application' i've had no other paper work from DLA or the court....

 

when you say you are yet to see them fail in this do you mean applying for or getting set aside?

what will happen when i get to court? how do i write a letter to the judge? i have no name for the judge, do i just address it to the court and state my claim number?.......

I so want to stand up to these swines but i am feeling dead scared now which is , i know exactly what they want.....

please help....

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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so i've read up a bit and thought about things.... what i understand is, i turn up at court on the 20th and either agree to the set aside or i disagree.... if i disagree and back it up the judge still decides wether to set aside or not, if he agrees i have to wait for another court date if he disagrees i get my money... or i agree to set aside and wait for another court date...... please someone help me..... is that correct and what would you do?????

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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The thing is you are a 'litigant in person', in other words a mere mortal who can throw themselves on the mercy of the court, put it another way you will get a lot of latitude in your dealings with the court as long as you play it right.

 

You need to have some thoughts set out as Odd is suggesting. When you get to court ask the judge what it all means and tell him/her exactly what your thoughts are, ie. they use this tactic, there are however many cases, produce the list, etc, etc and then say what happens if i agree or disagree.

 

I guess there may be a better way, if you want to write and then turn up it wouldnt be a bad idea, personally I would want to turn up at least to get some 'experience' of the court before i might have to do somehting more than sit there and look good.

 

Just a few thoughts, hth

 

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 Glenn, that sounds like sound advice, i'll have to get my backside into gear and start making myself a nice long interesting list for the judge me thinks.

I'm all up for a new experiences, i'm ranging from crapping myself to being very excited about the whole thing. I've just been given a date for a back operation that I've been waiting for for over a year and i'll have a lot of time off work, 24th October is my op and my court date is not untill the 20 Nov so i'll have a lot of time to prepare.....

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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Hi Andrea. I'm in court tomorrow for a set aside and stay hearing for Citicards. My thread is keren29 v citicards, I will update the thread after the hearing as it might give you some pointers, whichever way it goes.

 

My OH is preparing notes today for me as he knows the small claims courts. He has a few interesting points he is going to include for me on both the set aside and the stay.

 

check out my thread tomorrow, I'll hopefully update late afternoon.

  • Haha 1

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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  • 1 month later...

I've won guys...

Can't quite believe it.... recieved a cheque in the post for full amount yesterday morning.... It was from the new solicitors Ashurst, no arguments or nothing.

 

I can't be more thankful for all of your help and support.

 

Andrea

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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Fantastic Andrea, well done

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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CONGRATULATIONS - great result!! Jackie

Abbey: Settled - now for no. 2

Dudley Building Society : claim dismissed - no costs

London Scottish: settled in full :oops:

Capital One - settled in full :p

 

"Energy and persistence conquer all things" Benjamin Franklin

 

Any advice, information and thoughts given by me are just my humble opinion

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Well done!

 

i've got to back to court - this time for the Abbey! My big claim (I have two) has a stay on it and i've applied for the stay to be removed - rather than theme just saying yes or no, the Judge has ordered a hearing!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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What were the things yout OH says to say/do in the Court......... be interesting to see if they work.

 

Many thanks ;)

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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no questions asked, very short letter with cheque enclosed.... couldn't quite believe it

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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Many congratulations Andrea, who was the cheque from Ashursts or the Love God in Leeds :-)

 

p.s. dont stop any action till the cheque is cleared

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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cheque is cleared and it was fron ashurst

Andrea Day, Lincs

 

Abbey- LBA delivered 08/08/06 claiming £2502.19

Deemed Served on the 25/08/06

Respond by 08/09/06

Default Judgement entered 12/09/06 for £1377.09

Offer recieved for 1371.09 less GOGW offer NOT accepted

Court date for default set aside on 20/11/06

Settled cheque for £1377.19 recieved and accepted.

Thank you all

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