Jason v Abbey

[,hills]

After seeming like a lifetime, I have finally received a Court date.

 

But is it too late ???

 

It has been allocated the small claims track (although over £5,000) for August 28th at my local County Court.

 

I have to send in the Court Bundle to both parties I presume ?

 

It says that it has been block listed and with an hour in total ?

 

In light of recent things in the news, do you think the case will go ahead ?

 

Is it worth contacting the Court to confirm or even Abbey for a settlement ?

 

Many thanks

[ICY]

TBH i wouldnt bother trying to contact abbey, they have said they will not enter into any further negotiations, they only knock you back with stupid amounts anyway.

 

Your case should still go ahead, make sure you have complyed fully with the orders, if a stay is ordered then we need to appeal, but no body knows if this will happen, there are so many scaremongerers out there the worst being the press, dont panic, make sure you comply with the judges directions and attend court.

[,hills]

Can someone please post me the link to what I need to take to Court.

 

Also, do I need to copy the Abuse stuff etc I have already given both the Court and Abbey and resend that?

 

Thanks again.

[,hills]

Sorry to be a pain, but have a bit of spare time today so I want to get the stuff ready to give in to Court and post to Abbey.

 

Can someone please post me the thread or advise what I need to give in / send to both parties.

 

Many thanks

[Robdblynd]

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

There you go, gives you all you need and the links to where to find it.

 

Good luck

[,hills]

Oh my word !!

 

Having checked the link above and decided in the dead of night to do the Court Bundle, I've noticed that it is massive !!!

 

I don't think I'm going to have enough paper (or ink) to start it.

 

I'll have to go out Saturday to some more. It's not worth doing some of it and then stopping.

 

Can you please advise me on.

 

1) Roughly how many pages will it be to both party's.

2) Do I have to add the Abuse papers I sent for my defence (as it say's attatch all correspondance).

3) Do I have to bind the papers or just leave loose and number them.

4) Should I call Abbey first to try and reach an agreement before spending hours doing the bundle.

 

Thanks

[psm]

To answer your queries as they were posed:

 

1. between 130 - 200 pages mine was 145.

 

2. all correspondence that does not have "without Prejudice" on it. Except Court correspondence, all parties would have these.

 

3. I bound mine and used numbered page dividers to correspond with the sections/exhibit number shown in my bundle index.

 

4. As previously stated on this thread, there seems little point in current circumstances, although yours is the final descision on this one.

 

I must admit I am considerably less experienced than most contributers on this site but I think the above to be correct. If it is not correct i apologise now and stand corrected.

 

My bundle was due in by end of play today. I actually sent mine, by special delivery to the Abbey on 27/07/07 and hand delivered court copy on same day. Today is the last day for Abbey to comply with the judges directions. Trouble is with all the uncertainty I don't know what to do. Do I send a compliance reminder to the Abbey giving them a further 7 days or do I go straight for the letter to the court requesting that the Abbey's defence be struck out.

[ICY]

Dont bother calling to attemp to reach settlement, ashurts have been instructed not to enter into a negotiations until after the test case

[,hills]

Well ink and paper at the ready.

 

Kids going out to Church with Grandparents in half an hour.

 

Building myself up to do the Court Bundle.

 

Is there anyone around for me to PM if I get stuck.

 

Many thanks.

[,hills]

What with the weekend and the kids off school, I didn't manage to get the Court Bundle done.

 

Have now printed off the Court Bundle and I am in the process of copying the letters between me and Abbey.

 

Can you please clarify the above question and response -

 

Do I need to copy for all parties the Defence I submitted and Abbey's one and also the Allocation Questionairre.

 

Sorry to be a pain.

[,hills]

Court case due 28th August.

 

I called the Court last week and they said that all case's are still being heard.

 

I have been away for the past few day's so havn't kept in tough with the forums latest news (also had to delete 2,000 emails upon my return), so I'm sorry if I'm going over old ground.

 

In my post upon return was a letter from Abbey saying ...

 

My claim in relation to charges is being litigated in the County Court.

We still we are being fair.

We are writing County Courts to stay cases.

Waiting for Test case.

We have written to you offering a goodwill offer (too late, time has elapsed).

 

I presume this is normal.

 

I might give the court another call tomorrow to see if they are ignoring the 'Stay'.

 

I might be wrong, but the wording of the letter seems that they are getting worried.

 

Any advice ??

 

Thanks

[Lula]

Hi, yes it is perfectly normal, and just for clarity the banks have requested a stay from the court, it is up to the court as to whether they grant it or not, some are, some arent, yes I got the feeling in June when they were making loads of offers that they were trying to clear the decks too

[,hills]

Just been catching up with things since being away, and have noticed other threads.

 

I made sure I handed in my 'Bundle' to the Courts and posted it to Abbey before I went away and the 14 day deadline elapsed before the 28th Court case.

 

Where is my copy of their Bundle delivered to me ?

 

Do I not get to see their's or do I just have to accept a letter saying they are plannning to propose a Stay ?

 

Thanks

[Lula]

If they havnt filed their bundle on time then you need to send them an email, and hard cpy it via recorded and copy it to the court

 

Dear Sir/Madam,

 

[You] –v- Abbey Plc

Claim No: ********

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

To date I have received no such documents and accordingly you are now in breach of the aforementioned court order.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Your non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which is contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that you are specialist solicitors representing a powerful financial institution, whereas I am a litigant in person. I feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

In view of the above, I will request at the hearing that the District Judge gives consideration to whether your client's defence should be struck out pursuant to CPR 3.4(2)© and/or (b).

 

Please reply at your earliest conveniance explaining why you have not served the documents as ordered and stating by when I can expect to receive them, or alternatively, indicating that you wish to settle these matters without the need for a hearing.

 

I look forward to your prompt response.

 

Yours faithfully

[,hills]

Thanks for your reply.

 

- Should I call the Court first to see if they have received a copy of their defence.

 

- What email should I use ? There is nothing mentioned on the letter and it looks like it is signed S. Bromley.

 

Many thanks

[Lula]

Call the court first, but they have never submitted a bundle yet

[,hills]

Court case in 7 days time.

 

Called the Court and told them I have not received their bundle and they said the they will make a note of it.

 

Is there anything I should do or just expect the worst.

 

Thanks.

[,hills]

Court hearing next Tuesday at 12.00.

 

Getting very nervous.

 

Apart from the bundle I sent to both parties is there anything else I need to bring or know.

 

Thanks

[Robdblynd]

http://www.consumeractiongroup.co.uk/forum/abbey-bank/111571-abbey-court-hearings-important.html

 

Have a look in there, some important stuff you WILL need with you.

 

Good luck and give 'em hell.

[psm]

Take a look at this sticky from GaryH very interesting and useful. A right riveting read!!

 

Abbey Court Hearings - Important info

[,hills]

The Notice of Allocation to the Small Claims Track (Hearing), states that all documents which are to be relied on at the hearing need to be delivered 14 days before the hearing.

 

Is it not too late.

[Robdblynd]

It's not too late until you're told it's stayed and then you can still argue for it not to be stayed.

 

Get the letter etcetera sent today and mark it FOR THE URGENT ATTENTION OF whatever your judge is called.

 

Argue your case vigorously, you have a right to be heard.

[,hills]

Thank you for the above

 

I really do not want to sound ungrateful, but is it really worth the printing and delivering of the Witness Statements and asking for the Removal of Stay if it's not going to do me anygood and it end's up Stayed anyway.

 

I really appreciate the help I've had but I'm feeling a bit down at the moment. I've had a few personnal issues lately and I'm now thinking what could have been getting me out of a rut, is now going to be put on hold for 6 months with no guarentee of a positive result.

 

I'm sorry for being so negative.

[Michael Browne]

I really do not want to sound ungrateful, but is it really worth the printing and delivering of the Witness Statements and asking for the Removal of Stay if it's not going to do me anygood and it end's up Stayed anyway

 

Nothing's guaranteed, you won't know if you don't try, but there have been several refusals of stays. Don't make it easy for the banks. It ain't over till the fat lady sings!!

[,hills]

After my case was 'Stayed' as expected, has there been any indication of how the High Court Case next week is going to go ?

 

I presume it is still scheduled for next week ?

 

Thanks