givitback v Abbey - Preliminary Hearing Tomorrow

[givitback]

Hi everyone

 

I'm copying this from the Abbey forum to see if any of you have any tips for me.

 

I've been lurking in the background following the process and doing okay with it but now need some advice. I've raised a small claim in the Scottish courts against Abbey for c. £700. The Return Date was last Tuesday and I'm due to appear in court for a Preliminary Hearing tomorrow morning. I've been preparing a court pack (from the library) but all this talk of Allocation Questionnaires etc, has got me a bit confused. I know the Scottish system is different so can anybody explain what might happen tomorrow? Do I need to take the court pack? I haven't had any correspondence from Abbey's solicitors with settlement offers so I'm assuming that tomorrow will go ahead.

 

Thanks in advance.

[stevokenevo]

Have you phoned the court to find out the Abbey intend to defend??? If they have not responded by the return date you can hand in 'Form 11' which is the minute of decree which asks for a judgement in you favour by default!

[givitback]

No such luck I'm afraid. I called the court last week the day after the Return Date and was told the hearing would go ahead.

[stevokenevo]

OK, tell me you checked your bank and the money was paid in at the last minute................my fingers are Xd for you!!!

[weej]

Ok, my breath is suitably baited...........

[stevokenevo]

well?????????? how did you get on????

[givitback]

I attended the Preliminary Hearing this morning. Abbey's representative stood up and said that their clients had made me an offer but hadn't had any response from me. They could see by my face that I hadn't received an offer and when I asked when it was sent out, the answer was yesterday! I was fully prepared for that. I saw a copy of the letter and they're offering me the full amount less £10 (why they've reduced the amount I do not know). The case has been deferred for 2 weeks for negotiation. Got home, checked my mail and.... nothing so I tried to phone DLA Piper but the person dealing with my case was "away from her desk" all day. Grrrr. Stalling tactics as usual.

 

I gave myself a big pat on the back for this morning's efforts though. I quite enjoyed the whole experience, what a confidence boost!

[gimme_my_money]

CONGRATULATIONS!!!

 

You got there in the end! .... and all Abbey have done is make themselves look like the incompetent (*insert whatever*) they really are!! ... now, £10 short?? i wonder whether you could include food/drink needed at the hearing in your costs lol

 

Gimme xx

[weej]

naaaaa not food and drink. Transport to and from court, however.......hmmm

j

[stevokenevo]

CONGRATULATIONS!!! sounds like another victory to me, i would phone them everyday until the 'negotiations' are complete and the dosh is in the bank.

[Cazziebo]

Brilliant news - well done!

[msneddon]

I attended my preliminary hearing some weeks ago. The representative from DLA basically said negociations had broken down between both parties and yesterday I handed in my documentation that I will be using to support my case (hearing date 9th nov). The court official advised to send a copy of the documents to Abbeys solicitors and also told me that it was no longer DLA that were representing them. The new company is Ashurst but the court had no address for them. The official was very helpful but failed to find an address on their database, he even tried the yellow pages which turned up nothing. So I have been on the phone to Abbey who were of no help. The number they gave me for their legal department turned out to be an extention number with an answering machine at the other end.