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How many cases have not recieved a defence within the 28 days?


barney982
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Hi there,

The Abbey didn't file a defence in our case but that was down to their own error. They intended to defend but sent the courts copy to my home address, so we ended up with two copies and the court none.

We waited about 10 days before we applied to file a judgement, (Im not very quick to do things) and a week later the judge ordered "Judgement for Claimant (in default)"

That was over a week ago and we still haven't received a cheque, despite abbey agreeing to send one out. If it's not here on Monday we're off to see the court bailiffs and the press.

Apart form myself I haven't heard of abbey not defending.

Have they filed their defence in your case yet?

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It's tempting and perhaps the obvious thing to do, but I don't think it's the best first move. Their defence could be at the Court being processed for ages if they're busy - I'm going to ring on Monday to find out. But even if they didn't file a defence, seeking Judgement still isn't necessarily the best next move because they'd probably just seek a stay. Instead, I might E-mail Abbey saying last chance to settle or, maybe, attach my draft AQ and draft Directions (even if I knew they hadn't defended - they wouldn't know I didn't know). I think it's time for mind games. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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