Whizzkid v Abbey - Round 2

[whizzkid001]

Thanks all, your support appreciated. Please don't forget, if any of you have - or do - receive settlement letters, please let me know as they will be useful at my impending set aside hearing!

[whizzkid001]

Just to let you folks know, our set aside hearing is now listed for 2nd June. Their (excuse for a) defence received this morning, the saga continues.....

[whizzkid001]

In reality probably true Dave, but not before I do my best to object to it - have a few 'tricks' up my sleeve yet!

[whizzkid001]

2nd June Dave. Just having a good scoff at their....'defence' lol

[whizzkid001]

Well folks....I am stunned & almost speechless here......I have just rang the court, as you will all know, I'd been waiting for a set aside hearing in early June but I wrote to the judge last week, telling him why their set aside should be struck out and......HE HAS STRUCK OUT THEIR APPLICATION!!!!!!!!!!!!!! I have finally WON against the Abbey!! I will be instructing bailiffs first thing Monday to execute my warrant!!!!!

 

Whoooooooowoooooooooo!!!!!!!

[whizzkid001]

lol. Well I reckon mine must be the longest-running waiting for them to pay up, the sheer frustration of seeing dozens of people get settlements who'd filed claims months after I had! I tell ya, wouldn't want to go through this again!!! Judge was spot on, saw right through them after the evidence I presented to him! Justice has definitely been served!!

[whizzkid001]

OMFG!!

 

Bad news! I have JUST this minute returned from the court as I'd wanted to see it in b&w for myself.....it is NOT what they told me on the phone at all, someone got their knickers in a twist on the phone & told me totally wrong info. The letter just given to me is as follows:

 

"The matter has been referred to the District Judge who has commented that the matter raised is a matter for the District Judge at the hearing on 2nd June 2006."

 

So, nothing has actually changed, except that the info I gave the judge will be bought up now. I guess that's something, where before 99.9% of claims were almost automatically granted a set aside, I guess at least he'll hear some strong evidence why it should not be granted.

 

Cannot believe the court can be so inept, I am so angry!!!!!!

[whizzkid001]

*$%"!&*)$%*

[whizzkid001]

2 weeks today..........!!!!

 

Incidentally, if anyone wants to turn up if they're near Aldershot, feel free!

[whizzkid001]

Can hardly believe it....just 4 working days left before my set aside hearing.....the anticipation is killing me! Have been so looking forward to this day!!

[whizzkid001]

Yesterday's decision, whilst naturally disappointing, doesn't change anything - it's business as usual as far as I'm concerned. If nothing else, it just serves to strengthen my resolve to further prevent them from continually abusing the courts & essentially frustrating justice against an unlawful act. The battlelines have been drawn.........

[whizzkid001]

5.45am & raring to go!! Everything is crossed, so all I can do is my best!

 

News - 1 way or the other - to be announced later!

[whizzkid001]

Hi all, I'm back from court!!!!!!!!!!!!!!!!!!!!!!

 

Ok, shall I keep you all in suspense??

[whizzkid001]

Sorry, back....Ok......

 

The judgement - rather reluctantly I would stress - was inevitably set aside. The service issue was deemed to have been effected satisfactorily, however we felt the judge was bound to rule so because some of their defence obviously 'could' have merit & would ultimately need to be tested in court.

 

However......I think we had the BEST judge possible, we feel he knew the score, was sympathetic, he bent over backwards for me at every stage. Abbey objected - correction, TRIED to object - at every stage (too long to go into the particulars right now), but the judge was having none of it!

 

In essence, he ordered them to disclose ALL material facts (ie their costs breakdown), within 14 DAYS! They'd asked for 21, the judge replied "you can ask, but you're not going to get....14 days it is!"

 

So.....well there's a lot more to it (1 half hours hearing!) but I think you can all draw your own conclusions as to where this is going/ending!

 

Must say thanks to those who supported me today & others who know who they are! Brill bunch of people here!

[whizzkid001]

Just to reiterate, yes it was a fantastic experience, due to both the support I had from these 2 & a no-nonsense judge. Should anyone be having any fears, or doubt, about the possibility of actually having to appear in court - and the vast majority of you won't - then be assured it's not the horrifying experience you might imagine! The judge will not let you be intimidated, especially when they throw a barrister at Mr Joe Average!

 

Updates as they occur.....watch this space as they say!

[whizzkid001]

For sure!

[whizzkid001]

Ok folks, how shall I say this.....total capitulation from Abbey?!

 

I AM GETTING THE MONEY - IN FULL - FROM ABBEY!!!!

[whizzkid001]

No, no confidentiality! They might just live to regret that!!!!!!!!

[whizzkid001]

And a public thanks to everyone these last few months for their invaluable support & encouragement - in no particular order Neil, Adam, Lisa, Mark, Paul, Stephen and countless others - you know who you all are!!

 

I won't say too much for the moment, but you can be assured that you have not heard the last about this!

[whizzkid001]

News - most certainly! Tomorrow - unlikely!!

[whizzkid001]

Will be National + regional (southeast) too

[whizzkid001]

By the w/end I would hope to be able to let you all know in more detail the 'juicy' details that occured in, and as a result from, the hearing last week. It was quite, nay very, significant & will offer encouragement to all those on the long hard road with Abbey.........

[whizzkid001]

Ok guys & gals, you all ready for the 'events' of the last week??? In lurid, gory detail???

[whizzkid001]

Weds 31 May - Neil's Set aside

 

2 days before my set aside, I & seminole attended Neil's hearing. Outside court, their defence handed Neil an extremely LARGE defence file - obviously designed to intimidate & scare him (no such luck). In the hearing, the judge first asked if Abbey had any objection to we 2 being there, she said no. However, when we then stated our names, they said 'If that's xxxxx xxxxxx with whom I'm in court in a similar action Friday, then yes I object'! Wrongly, as we later discovered, I was then 'booted' out! She also unbelievably tried objecting to Paul's presence too, but this was duly denied.

 

His hearing lasted just 15/20 mins. They were given a suitable dressing down by the judge for taking some 20+ days in even getting the claim form to the right office!! However, the judge had obviously already determined that this was going to be granted in any event, and Neil was virtually denied the opportunity to attack their very weak & not very credible defence. It ended with set aside being granted & Neil being asked to submit his particularisation of charges within 7 days. No further dates were discussed or set.

 

(cont)

[whizzkid001]

Thurs 1st June - Day before My Set aside

 

Midday, I receive an email from them giving me yet another defence document to be relied on the next day! There is incredibly now an original Witness Statement & defence from them, and now a somewhat different Outline Submission In Support of Set Aside document! Am I supposed to be scared? Bring it on! I pretty much spent the night amending what I HAD been expecting to use against their Witness Statement, to more closely match this new, last-minute document.