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Claire V Abbey *WON*


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All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Phoned the court today to get an update.

Bless 'em they are so busy down there but so helpful still.

 

Yep...Charlie you're right just a matter of the waiting game now.

The nice lady told me that it will be a couple of weeks yet for some directions.

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  • 3 weeks later...

Yeah Toni hi....

 

I've got the same thing, the AQ. Received it last week. Thought they might have done away with that.

 

Really thought this would be all over by now, dragging on a bit. But hey hoo got to be done.....

 

Take Care

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if you've got any AQ questions then bonnie is the one to talk to

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87751-im-scared-helppppppppp.html

 

she's asked them all

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Got my AQ but I'm not sure what amounts to fill in. Since I first filed my claim Abbey have refunded some of my charges but haven't stated which ones they are. These were listed as refunds and not as settlements. I have also had further charges taken! Sorry to hijack your thread Claire but nobody wants to talk to me on mine.

I have sent an email to Inga asking for settlement.

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Hi Toni,

 

I filled in my AQ today and I didn't have to put any amounts on it. My AQ is the N149. Which one did you get? But I did attached the revelant info to hopefully have Abbey's fence struck-out-We'll see!

 

I'm sure I read somewhere that you can either call up the court or send in a letter to have your claim amended to the revised amount.

 

Also with the charges that you've incurred since you first filed your claim I would be inclined to start a new claim for them to keep things simple.

 

Any help to answer Toni questions in full would be most grateful!!!

 

Please!!

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I had the N150 version as my claim is for over £5000.

It looks like I will have to suss out which refunds were for before the claim as they have charged and then refunded those charges since the claim!

What a nightmare!

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Inga has told me I should have the money in my account in 6-7 days.

I can't believe it has happened so quick after my email to her yesterday. I've copied them onto my thread. Good luck you will be next. x

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  • 1 month later...

OK so finally I've had something in response to my AQ from my local CC. I filed the AQ quite sometime ago using the 'abuse orders'. And just today I've received the following.......

 

 

 

Before Deputy District Judge Willis sitting at Wellingborough County Court.

 

Upon reading the documents filed and upon it appearing that there are many similar cases proceeding in this Court which do not come to trial, and upon recognising that the Court's resources are finite and of the Court's own motion it is ordered that:

 

1 The claim is not allocated to a track but will be allocated when directions are given pursuant to paragraph 8.

 

2. The claim shall be stayed between 5 September and 3 October to give the paries an opportunity to reach a settlement.

 

3. If no settlement is reached by 3 October 2007, the defendant shall by 17 October 2007 file and serve a schedule in response to the Claimants schedule, stating in respect of eac item claimed:

a) pursant to which, if any, contractual provision such charge was made,

b) if such charge is alleged to be lawful, the basis on which it is alleged

c) if it is alleged that the charge is a genuine pre-estimate of the Defendants loss incurred as a result of the Claimants actions (whether or not such action are in breach of contract), all facts and matters on which the Defendant relies as showing that the charges are a genuine pre-estimate of loss, including the Defendants positive case as to the actual cost of dealing with such actions; and

d) draft directions for the further conduct of the case, to be agreed with the claimant if possible.

 

 

4. If the Defendant fails to comply with paragraph 3 of this order, the defence be struck out and the claimant shall be entitled to enter judgement without further notice.

 

5. If the Defendant complies with paragraph 3 above, the matter will be referred to a District Judge for directions.

 

6. This order has been made by the court of its own initiative without hearing the parties of giving them an opportunity to make representations. Any party affected by the order may apply to have it set aside, varied or stayed. Such an application must be made not more than 7 days after the date the order was served on the party making the application.

 

 

 

 

 

OK what I need advice on is...

 

Does this mean that Abbey have untill the 17 October to file their reasons for charging me so much!!

 

And I don't understand para 1. It's not going on track because of para 8! Where para 8????

 

Am I right in thinking that if Abbey don't respond to this then their fence gets struck out?

 

Please help!!

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Please take a look at my post above.....

 

 

Also I emailed Abbey again today trying to reach a settlement. I got a reply but they said they are going to ask the court to put my case on hold untill after the test case.:eek: This could be a long long while off yet:(

 

 

Can they do this:???:

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  • 2 months later...

I really need some advice please....

 

After entering a judgement can the bank then a apply for a stay or put a hold on my claim?

They haven't complied with order sent to them so their defence has been struck-out.....

 

Any info would be great

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Hi and congratulations, well when you receive the order from the judge then you can email abbey and remind them as to how you would like your money.

 

They may try for a set aside, do you have copes of all correspondence? i really hope they dont try the "it got lost in our system" line as that really hacks me off. Please let us know what the order says

  • Haha 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Thanks for the reply Lula,

 

Will keep you updated!

 

I have copies of everything. The orders that were sent to Abbey and myself stated that if Abbey didn't provide evidence of why they're charging me so much (in a nutshell) then their defense would be struck-out. I spoke to the court and they said they haven't received anything yet but they are behind but fingers crossed Abbey have forgotton about me.

 

Thanks again!

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I really need some advice please....

 

After entering a judgement can the bank then a apply for a stay or put a hold on my claim?

They haven't complied with order sent to them so their defence has been struck-out.....

 

Any info would be great

 

Hi, no they cannot apply for a stay if judgement has gone against them, however, they can apply for a set aside. File for judgement and see what happens, they may actually roll over and pay up :cool:

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

Right....heard from my local CC today.

 

Abbeys defense has been thrown out. I have already applied for judgement but as clerk told me that Abbey can apply to have it set aside:mad: .

 

So I guess it's a matter of waiting 'till I hear from the court again?? Can anyone confirm this for me. Not sure what to do now. I'm glad their defense was thrown out but I'm still in the dark as to what to do next??

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you wait about a week then contact abbey and tell them that you have judgement against them and would like to know when they are going to settle your claim, they will probably comeback to you and tell you that they are going to apply to have it set aside and stayed, you then come back here and tell us, and we will draft an appropriate response, something along the lines of you will not object to the set aside to save their good name (ha) if they pay up.

 

Hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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