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Heyho! I ** Won !!! ** Ostrich v Abbey


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OK, I spoke to the Court and they've said it's too late to get an adjournment! The funds are in my account but they're not due to clear until Monday 5th (the day of the Court case!!). I've told the Court I'll know by midnight on Sunday night (or just after) if they've cleared or not, and they've said I need to fax the court by 9am on Monday morning to withdraw the claim.

 

What a palaver! I don't have a fax machine at home and I have no idea how I can fax them at that time of the morning.

 

The Court lady was most unhelpful. Talk about p'ing on my fire. :rolleyes:

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Sorry to jump in on your thread - congratulations by the way!

Do you have a local Library nearby - they all have fax facilities there. And they're open Saturdays. Failing the availability of a fax - phone the court and get the Court Clerks email address and send an email confirming the withdrawal - ensure you've got a read recipt request and high priority marker on your mail.

Either way - you've got a proof of time sent and received to confirm your withdrawal.

 

Well done again - encouraging thread and great result!

P

If my advice has helped, please click on my scales. Thank you!

MBNA - CRA file to be cleared then finished!

__________________________________________

Abbey Personal - Final LBA 28/5/7 - then Court

__________________________________________

Capital One - Final LBA 28/5/7 - then Court

__________________________________________

GMAC - Sent DCA SAR 9th March 07 - confirmed not legally assigned.

Waiting for GMAC to provide breakdown of charges and CCA under s79

__________________________________________

Alliance & Leicester - Final LBA 28/5/7 - then Court.

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well done!! My submission date is the 7th for the 22nd in court, and I have both claim hearings on that date, so I'm hoping that in just under 3 weeks I will be celebrating!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Well done you - that makes it all worth while when we hear stories like this.

 

Did you claim for prep time of the court bundle?

 

Lets hope i get a call from abbey before the court date - really dreading going into court!

 

Who's the best person to speak to regarding settling the claim early? i don't know who's dealing with my case.

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Perseus, good thinking. Thanks for that. I think I'll just make sure I phone the court and also do the emailing, requesting a read receipt. I've also decided to send them a letter today explaining the situation, so hopefully it'll get to someone who knows what they're doing!

 

Keren, best of luck. I'm sure you'll be celebrating. I'll be back to check!

 

Rachel, I didn't claim for prep time for the court bundles, I thought that might be taking the p1ss a bit, but if you think you'll get away with it, go for it! I didn't even get a call from Abbey about the settlement, the letter just arrived yesterday. I had no communication whatsoever with them by telephone, just the standard letters from the templates library on here. I don't even know anyone's name at Abbey, the settlement letter was simply from 'Abbey', not a named person.

 

Villafan, go for it. It's a bit time consuming getting all the paperwork together for the court bundle, but once you sit down to it, it's not so bad. And it's worth it when you get all your lovely lolly back at the end!

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Just have to wait til midnight tonight to see if the funds have cleared, then cancel the court case which is scheduled for 10.30am tomorrow. Boy, they sure leave it til the last minute to settle!

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