James33 Taking On Abbey

[JAMES33]

got home today to find a copy of Abbey's Defence! It is dated 14th May though and the deadline for submitting it was the 14th. I'm really hoping that the Court stick to their word as they will have received my Request for Judgement on 11th May. Might telephone them tomorrow to check!

[bungleboy]

help!! i requested my statements 51 days ago. I received 3 years worth on the 17th april. sinse this time i have heard nothing!! I have called them 9 times only to be told they will send an urgent e-mail to the right department. I have sent 3 fax's over to the head of banking(with no reply) I have also sent a letter from off the forum telling them that I shall report them to the OFT and the ombudsman. But nothing in return!! i'm now realy wound up with em!! I dont want to carry on being passed pillow to post, i want to go straight to court and get some action. is this possible?? please can somebody please advise me if there is a way round this, if so what do i do??

[charleyfarley]

got home today to find a copy of Abbey's Defence! It is dated 14th May though and the deadline for submitting it was the 14th. I'm really hoping that the Court stick to their word as they will have received my Request for Judgement on 11th May. Might telephone them tomorrow to check!

 

 

Fingers crossed for tomorrow;)

[KnellyK]

got home today to find a copy of Abbey's Defence! It is dated 14th May though and the deadline for submitting it was the 14th. I'm really hoping that the Court stick to their word as they will have received my Request for Judgement on 11th May. Might telephone them tomorrow to check!

 

I received a defence from Abbey too, but the court didn't send the defence to me ~ fingers crossed you got in first!

[JAMES33]

Well, I just spoke to another lady at the Court and told her that I had received a copy of Abbey's defence dated 14th May, I asked her if it was likely in light of this, that my Request for Judgement would stand as they received it on 10th May. She wasn't too sure what would happen as she said some work was being sent out to other courts to process as they were rather snowed under but as she understood it, provided my Request was received before Abbey's defence, it should stand. She then went on to say that Abbey might request a stay in order to submit their defence anyway but that it didn't always happen - so not feeling so confident about it now - I'm sure Abbey will request a stay.

[charleyfarley]

James

 

I think this very much depends on the court and the Judge. I have to say that mine is totally useless, the one in yesterday's Lloyd's case was as well, but then kia and mariejader have had great ones, so it's too difficult to call.

 

As a best guess, and because I'm an eternal optimist, I think you'll be fine and no stay will be granted.

[KnellyK]

provided my Request was received before Abbey's defence, it should stand. She then went on to say that Abbey might request a stay in order to submit their defence anyway but that it didn't always happen - so not feeling so confident about it now - I'm sure Abbey will request a stay.

 

I was convinced they were going to request a stay too! I was convinced enough not to post anything on here that I'd had the judgement in default form! I just waited for the notice of the stay to turn up, and the cheque arrived instead!

My Judgement in default was dated 19th April and arrrived by post on 30th April, I'd said I wanted payment in full by 7th May, and the cheque arrived on 4th May!

 

Fingers crossed it's just a matter of time before you get the form back from the court!

[JAMES33]

Had a letter from the Court this morning but it wasn't the one I was hoping for! It enclosed a copy of Abbey's defence together with an Allocation Questionnaire to be returned by 4th June and also details of a mediation scheme which I have to choose if I want to try. If I don't agree to it it says that I may have to attend court to explain why I don't want to try mediation! I am so cross because when I phoned the Court I was told they were 6 days behind but they received Abbey's defence on 15th May and managed to send a copy to me on 17th - hardly 6 days is it. There is no mention of my Request for Judgement either. Don't know whether it's worth me phoning Court on Monday to ask what is going on and why my Request wasn't dealt with as it was received before Abbey's defence. Really fed up now:( Has anyone got any ideas what I can do now??

[JAMES33]

Has anyone got any ideas on my last post?? Any help at all would be appreciated!

[Lula]

James, dont bother with mediation as it is a waste of time and about £200!! You have already tried to mediate with them to no effect, at to what the court have done, well it is in their perogative, I am not sure that they can undo it now, but when you submit your AQ, use the Abuse of Process as suggested by GaryH

[Michael Browne]

Here's aletter to reject mediation:

http://www.consumeractiongroup.co.uk/forum/general/83044-mediation-bad-idea.html#post742517

[Lula]

thanks Michael, I didnt know that that was there :o

[JAMES33]

Thanks for the advice Lula and Michael! I am completing the AQ using the pdf version online. I am using the template recommended by charleyfarley and others but I also want to put in the draft order for abuse of process and was wondering if it is okay to combine these. I have been sent a N150 (i suppose because my claim with interest is over £7k) but have requested allocation to small claims. Please could someone give me some advice on this!! thank you:)

[Lula]

James, FWIW I would stick with Fast track, it is automatic disclosure which i beleive brings a quicker settlement but you should however be aware that if you were to loose (unllikely) you would be liable for a maximum of £750 costs

[JAMES33]

Thanks Lula, so if I go for fast track do I leave out the directions relating to standard disclosure if it is automatic anyway?

[charleyfarley]

Hi J33

 

Ask for standard disclosue although it is automatic, it can't hurt to reinforce the point.

 

The other side of the coin to the costs, is that while you are liable, then so are Abbey......which is why I've had a spreadshhet running since Jan. If you want a copy just let me know.

 

J, I'm really sorry how it's worked out........I thought they'd forgotten about you, and that you'd just have to claim Judgement:mad:

[JAMES33]

Thanks again for the advice Lula and CF!! I have now completed my AQ. I used the new "Abuse of Process" system and following that template have decided to request small claims as it fits in with the template better and I feel happier with it. I am sure I can claim costs anyway if it gets to bundle stage and I too have been keeping a detailed spreadsheet going since the beginning (even though I am a mere woman CF;) !!) I am going to copy everything at work tomorrow (getting a bit low on ink at the mo) and will post a copy to the Abbey together with the originals to the Court tomorrow afternoon. I think I will leave things for a week then, and contact Abbey with a view to reaching a settlement sooner rather than later! Feel free to jump in if you don't think this is wise/necessary/going to help etc!

[mariejader]

I sent an e-mail to Abbey with a request to settle prior to filing my AQ, I estimated costs and interest if the case was going to run it's normal course and then offered them to settle at 95%, as you can guess they never replied (request a read receipt)

 

The reason why I did was in case Abbey's request for a stay which they will request in their AQ was granted, I could prove I had tried to settle and again Abbey were abusing the system when I requested the stay to be removed.

 

If you want a copy pm me and I will forward it to you.

[JAMES33]

Thanks for that mariejader - I did send Inga an email this morning requesting settlement before AQ's go in. I did this for similar reasons to your own as I have also used the Abuse of process directions in my AQ and wanted some proof that I had given them every opportunity to settle prior to going to Court. I have had no reply yet either and I don't expect I will but it will still be ammunition for me to show the courts hopefully!

[JAMES33]

Haven't filed my AQ yet as I have been a bit short of money! I am hoping to take it in person one day this week though. In the meantime, I have opened a new account and have just completed the transfer of our salaries and dd's. We have an overdraft on our Abbey account and I have received a letter from Abbey saying they are sorry we are closing our account (yeah right!) and asking us to pay off our overdraft within 30 days otherwise they will keep our account open. Obviously we are not in a position to repay the overdraft until we receive our charges back - has anyone got a letter we could send to them explaining this and hopefully to prevent them from applying more charges to the account in the meantime, I am sure I have seen one somewhere along those lines but can't find it at the moment - I will keep looking but any help would be much appreciated!!

[charleyfarley]

Hi J,

 

have a look at this

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/72196-cassie-abbey-6.html

 

post # 104.

 

It's not excatly what you need, but if you adapt it and include in there a bit about offering to pay a minimum amount, say 5% each month until the dispute is resolved, then it may well help.

 

CF

[JAMES33]

Many thanks for that CF! I have composed a letter now and will post it off this afternoon.

[JAMES33]

This is the letter I am posting to Abbey today (just in case it helps anyone else in a similar situation!)

 

Dear Madam,

Your Ref: XXXXXXXX

Account No. XXXXXXXX

Thank you for your recent letter dated 18th May 2007 regarding the closure of our account. I wish to advise you that this account is in dispute, ongoing since 27th January 2007. There is a court claim in progress on this account, claim no. XXXXXXXXX.

Upon settlement of the above claim, the overdrawn balance referred to in your letter will be repaid. Any charges added to this balance or already included in this balance which do not form part of my existing claim will be subject to further court action by myself.

In the meantime, due to financial difficulty, including mortgage arrears, which I am sure you are aware is a priority debt, I propose a monthly payment of £10 per month payable until such time as Abbey National plc seek fit to settle my claim, enabling the balance to be cleared.

In accordance with s.13.6 of the Banking Code, I am sure you are aware that you are not permitted to register information about this debt with credit reference agencies while the account is in dispute.

I look forward to receiving a positive response from yourselves within 7 days of receipt of this letter, if no such response is forthcoming, I shall assume that the above proposal is acceptable to yourselves and will commence payments immediately.

Yours faithfully,

[JAMES33]

I am going to hand deliver my AQ on Friday to Worcester CC. Has anyone else got experience of Worcester County Court and how long I might have to wait to receive a court date?

[mattyb13]

Hi, I filed my claim on 23/03/07 just before you and I received a court date for the 5th July. I got my date last week but my AQ was dispensed with.

 

sorry I cant help further