James33 Taking On Abbey

[JAMES33]

The cheque for my court fees was cashed today so hoping to hear something from the Court soon! Still no GOGW payment:( was hoping I would get one of these to pay off my overdraft - never mind!

[mariejader]

Still no GOGW payment]

 

you will get that when they file their defence, mind you my one was just an offer no money has gone into my account like others so don't hold your breath just yet

[mattyb13]

Hi i am just subscribing to your thread hope you dont mind. Im also from worcester and im claiming against abbey and lloyds. Im about 3 weeks behind yoy with Abbey but about 2 weeks in front at lloyds as I am expecting an acknowledgement from them tomorrow .

 

I know what you mean about the staff in abbey they always seem really stuck up and im glad you are giving them some stick back, i will look out for you handing leaflets outside abbey :lol: :lol: .

 

good luck.

 

matt.

[JAMES33]

Hi Matt, thanks for subscribing to my thread - hope I can help you along the way! Things have ground to a halt at the moment, filed claim at Court back on 28th March and haven't heard a thing since, from the Court or Abbey. Might try to phone Court today to see if they have served the claim on Abbey and to find out the claim number so I can post it up on here. How is your claim going with the Abbey? GOOD LUCK!

[JAMES33]

Very quick update on my case. Spoke to Court this morning as I had still not received any correspondence from them since I filed my claim on 28th March. Apparantly because I had paid fee by cheque (because counter had just closed as I got there and they couldn't accept cash!) they had to put it on hold for 10 days until cheque cleared in there account before dealing with claim - not something I was aware of! My claim was sent to Abbey on 12th April, deemed served on 14th April and Abbey therefore have until 28th April to acknowledge. On another point, I recently sent some SAR's out on other accounts I have or have had in past and today I received out of the blue, a letter from G E Money containing all my statements and advising me that my account had been credited with a full refund of all charges of £309, which pays my account off!! WOW - wish it was that easy with Abbey, we'd all be laughing!!

[JAMES33]

Right, I've just got back from work and have had a bit more time to think about my "settlement" from G E Money. In the letter attached, they say that "despite exhaustive enquiries on their retrieval system, they have been unable to retrieve statements prior to October 2003". I have had the account with them since 1994 and as I have incurred £309 charges in the past three years, believe I could accept their £309 as part payment only and point out that unless I receive the rest of my statements, I will be entitled to file an estimated claim of £100 per year for the remainder of 9 years. I am thinking of combining one of the letters accepting offer as part payment only posted by Jonni2bad in the templates section with a preliminary letter setting out my intentions - could someone please let me know if this seems reasonable/possible! Any help at all would be very gratefully received!!

[mazamarie]

Hi JAMES33,

 

I am now just behind you! I also filed my claim on 28th March (the wrong copys) I actually put into my envelope copys of the N1 I was supposed to be throwing away! (You can guess just how angry I was with myself what a pleb). I had the 3 fully completed copies at home waiting for me when I got back so called the court and they said I could send them in with all the differences underlined, which I did the next day with a covering letter outlining the differences.

 

I now have a letter stating my claim has been re-issued and the date of service is now 15th April 2007, so.. deemed served 17th April, until 1st May for them to acknowledge and until 15th May for their defence then AQ me thinks...

 

I will keep an eye on you and subscribe to your thread...please feel free to follow mine Mazamarie vs Abbey.

 

Just tidied up my file and put everything in order ready for copying and indexing into a court bundle..

 

This is scary, and seems so complicated and long drawn out - but I'm really adament !

 

Maz

[JAMES33]

I have received my Notice of Issue from the Court today - finally! My claim number is 7WR00848. PLEASE can anyone help me with my GE Money question that I posted before - I need to send a letter off to them but not sure if it's the right thing to do!!

[Lula]

James, I take it you sent an SAR to GEMoney? well i would be sending them a non compliance letter, asking that in the event they have destroyed any documentation prrior to 6 years you would like copies of the certificate of destruction, otherwise you will be filing a complaint with the information commissioner - do a site search for it. The non compliance letter I mean LOL, it should be in the templates library

[JAMES33]

Thanks for your reply Lula! I have got the details of the non-compliance letter template and also the rejection of offer letter. I was hoping to combine these letters into one and also use the letter as my letter before action informing them that I will submit an estimated claim 14 days later if they do not comply fully with the SAR. I was just wondering whether it was okay to do this all in one letter.

 

Also, I was wondering if I can still claim 8% interest on this claim if it gets to court stage or is that only for banks?

[Lula]

Hi James, I think that I would just send the updated non compliance to encompass the certs of destruction and then give them a week to comply or you will complain the IC. I wouldnt be complicating matters LOL. To be honest, I wouldnt even have the first idea of how to combine those letters

[JAMES33]

Well Abbey have until 28th April to acknowledge claim. Haven't heard anything yet but not surprised! Was wondering what the current view is on entering judgement if Abbey do not acknowledge. Is it worth doing this or will it just delay matters even more. I presume if I do, Abbey will just ask for it to be set aside. I just thought that if judgement was entered it might provide me with a bargaining tool to try to negotiate an earlier settlement. Has anyone had experience of this that they could share with me?

[dennisjackie]

Morning James,

Looks like we are both at the same stage they had till 28th to acknowledge our claim. They did it yesterday so now have until 13th May to bring up a copy of there standard defence on there PC and change the name at the top and case number. All this just to get them another 14 days before they have to pay up.

[Karne]

My personal opinion is that a letter to the defendant following the 28 days with no defence, to remind them and to invite them to settle or enter a defence before hitting default judgement will assist you in avoiding prolonged set aside applications. A simple letter giving 7 days before asking for default judgement, and copied to the court for your case file .

[mattyb13]

Hi again,

 

I wouldnt be surprised if you dont hear anything for a while yet. I filed against lloyds at worcester county court too and lloyds had until 10th April to acknowledge and until the 24th to defend. I only received a letter from the court TODAY saying that they acknowledged on the 5TH.

 

apparantly they are miles behind at the court

[KnellyK]

Hi James33

 

Don't count on anything. They had 'til 16th to acknowledge my claim (and 'til 30th to defend) on 18th I'd heard nothing... not a peep... the court advised me to return the form to enter judgement in default (but added that Abbey may still defend and would be allowed to) so I completed and returned it and continued to wait.

 

Today I've received a copy of their defence!

 

So, they may not acknowledge at all and they could still defend!

[JAMES33]

Thanks for the advice everyone! As I expected really:( Think I might follow Karne's advice and send them a letter if I have not heard anything after 28 days.

[charleyfarley]

Hi james33

 

How's it going?

[JAMES33]

Hi Charleyfarley - slowly!

Haven't heard a thing from Abbey since I filed my claim, they had until 30th April to acknowledge my claim but I checked with the court this morning and they still haven't received anything. The court advised me to send in my request for judgement but I said that Abbey often fail to acknowledge and then file their defence late and that if I did get judgement awarded against them they would probably only apply for a stay and then file their defence even later anyway. I think that I shall hold fire for the moment, if they fail to lodge their defence by 14th May I shall write to them as per Karne's advice above and see if I can negotiate an earlier settlement with them, think its worth a try anyway! THANKS FOR ASKING!! GOOD LUCK WITH YOUR CLAIM - BEEN FOLLOWING YOUR THREAD WITH INTEREST:D

[charleyfarley]

You're one of the causes of all my troubles:)

 

Have a read of KnellyK's thread because I'm sure she was in a similar position to you and she's just won

[JAMES33]

After reading KnellyK's thread I have decided to go ahead and send off the Request for Judgement. I have filled it in and requested payment in full by 18th May so I shall just wait and see what happens now. Knowing my luck Abbey will just submit defence late and request a stay and I shall have held up my claim by a month but never mind, at least I feel like I'm doing something constructive, all this sitting around waiting for something to happen is driving me mad!!

[KnellyK]

HI James33

 

When I rang the court the man there said to send it in and when they had worked through the back log they'd see if they'd had anything from Abbey, so the acknowledgement was due on 16th, I sent the form back on 18th saying I wanted payment in full by 7th May, and then I received a copy of Abbey's defence (from Abbey) dated 24th, then I got the Judgement for Claimant dated 19th from court. But I thought that they would let Abbey go ahead and that I'd get the defence from the court, so I rang the court and the lady there asked someone else and came back and said the judgement stood! I still didn't really believe it!

Then the cheque arrived! I didn't make any contact with Abbey apart from through the court!

Send the form back, if you get your form in before they get anything to the court you might end up with a cheque!

Good Luck!

[JAMES33]

Posted my request for judgement to court yesterday by first class recorded. Will keep my fingers crossed now and will phone the court if I get the judgement for claimant like KnellyK! Thanks so much for all the help KnellyK and Charleyfarley:D

[JAMES33]

Quick update - phoned Court this morning as I sent request for judgement off on 9th May. Abbey had until 13th May to submit their defence. Court are running about 6 days behind at the moment but they said that if my request for judgement was received by them before Abbey's defence, it would stand and they would grant me judgement and request immediate payment from Abbey. If Abbey's defence arrived before my request, they will allow it and the claim will follow its usual course. Nothing is showing on their records as of today though so they think it is likely that Abbey have not yet responded! Will keep fingers (and everything else) crossed that Abbey have forgotten about me and I will get judgement. (one of my cats has been at the Vets since last Tuesday and bill is up to £850 at the moment so desperately need the money!! :o

[KnellyK]

Court are running about 6 days behind at the moment but they said that if my request for judgement was received by them before Abbey's defence, it would stand and they would grant me judgement and request immediate payment from Abbey. If Abbey's defence arrived before my request, they will allow it and the claim will follow its usual course. Nothing is showing on their records as of today though so they think it is likely that Abbey have not yet responded!

 

That's almost word for word what they said to me!

Then I got the copy of the defence from Abbey and I thought they'd let them defend ~ but they didn't! :D

Fingers crossed you got in there before they did!