Abbey court date nearing

[abbeyhater2]

Hi ya

 

I sent my bundle to Abbey last week. Two weeks before the court date.

 

I hand delivered the bundle to the court, in a well presented folder.

 

Since then, I have experienced an amazing turn of events.

 

The court sent me a letter, not stamped on the envelope or dated.

 

The judge asked for a hearing for my n244 application, even though I ticked part c for no hearing and paid £ 35

 

The letter stated that I should attend the n244 application & amended n1 forms hearing on the day I was delivering my bundle to the court.

 

I ONYL RECEIVED THE LETTER TODAY.

I rushed to the court to explain, that nobody at the court had informed me that while I was handing them my court bundle last week, that there were any hearings for me to attend on that day. I EVEN ASKED THEM!

 

I explained all this to the counter staff, who said they could not find the judge's diary, and would give him my explanation tomorrow, hopefully a decision NOT to strike my claim out

 

I asked to see the hearing list for last week when they SUPPOSEDLY had listed me on the hearing date. Not available. The security guard remembered me, and said that cctv could prove that I was at the court that day, delivering my court bundle.

 

I am FREAKED OUT!!!

[abbeyhater2]

Abbey have not sent me their court bundle & defence 14 days prior to the hearing

 

I have sent mine to them and the court

 

 

What should I do?

 

 

Thank you

[Glenn UK]

Id write to the court informing them and cc abbey.

 

Id leave it a day or two though, courts have a backlog and it may turn up a day or two late, probably not mind,

 

You might like to ask the courts to strike out abbeys defence based upon their failure to submit their bundle. YOu should also prepare a shcedule of your costs and apply for these when you win based on their unreasonable behaviour too.

 

JMHO

 

Glenn

[Mad Nick]

Hi, I wouldn't think you'll get struck out, but to make absolutely sure, I wouldn't rely on those "p*** taking civil servants" to remember to explain it to the Judge or to explain it in the way that you would want. I would send a crawly letter to the Judge explaining the circumstances. I know it's not your fault, but just play Mr Humble, sorry for any inconvenience etc etc. And I would check with the Court whether they sent a copy of the N244 hearing letter to Abbey, and if they did (as I suspect), I would copy your crawly Judge letter to Abbey. Regards, Mad Nick

[abbeyhater2]

Thanks, I will do

[abbeyhater2]

Hi Nick

 

I see my civil servant jibe struck deep.

 

No offence mate

[Guest louis wu]

a similar thing happened to me, but it was 'apparently' recieved but not actioned on the day, so as Glenn says, give it a day or two to turn up.

 

Secondly, as Glenn says, prepare a schedual of costs, ie postage stationary, photocopying etc and have it to hand for when Abbey make you your offer. I know its small claims and as such cannot be awarded costs, but I negotiated with Abbey for my time, 20 hours @£9.25/hour (I can never remember the exact wording but the £9.25 is the figure set down by the courts), and all told told them I thought a figure of £220 was fair, but as a gesture of goodwill I would accept £200. This conversation was had with Inga Kirkman (and she was ok with me to be fair), and she agreed to pay the extra £200 by cheque, along with the full amount of my claim. I waited until the funds cleared and then informed the court that the claim was settled.

 

Getting close now, well done and best of luck over the closing act.

 

Louis

[abbeyhater2]

Hi, thanks for all your help

 

I have already submitted the schedule of costs with my bundle

 

I am submitting a further schedule of costs for photocopying & printing to th court today.

[Mad Nick]

..... and absolutely none taken. Regards, Mad Nick

[abbeyhater2]

Abbey still have not sent me their defence

 

They sent me a plain reply to my s10 and rejection of offer letters, plus my demand they remove the default

 

i have submitted my schedule of costs

[abbeyhater2]

I am attending my hearing tomorrow.

 

Abbey still have not defended their claim to me in writing not supplied me with their court defence bundle.

 

The court have changed the judge to sit at my hearing

 

The court clerk have told me that I do not need to have the Abbey defence struck out due to non compliance or orders to submit defence bundle.

 

I will have the supposed N244 hearing at the same time as my full hearing

 

I am very confused

[Karne]

Hi

Did you write to the court informing them that the bundle had not been submitted ? (I assume they were directed to?)

 

Whats the N244 hearing ? ( I assume this is just you asking for the defence to be struck out for non compliance with directions rather than submitting of request for an order ?)

 

What directions did you receive from the court and what did you do to comply with them ?

 

Theres a fair bit of info missing from your thread which without it makes it difficult to clear up your confusion.

 

 

Its a full hearing, you have complied with Directions, Abbey have not.

 

You should get settlement pretty soon but you need to make sure you have all the information to hand regarding striking out the defence.

 

It is unlikely they will discuss the charges issue in court but they may if they attend try nd get more time to put their bundle in. So I think you need to concentrate on that.

 

You may also need to argue your case for costs so make sure you read up on that in the CPR's.

[abbeyhater2]

I saw a completely different judge

 

A deputy district judge sat at the hearing. Very nice

 

Abbey did not show. I sat at the hearing with the judge.

 

They sent a letter to the court (not to me) that they settled the case with me.

 

I argued that the settlement offer was rejected by me, (letters attached)within the bundle presented to the judge.

 

I argued my case that I delivered to the court, my bundle as ordered.

I claimed full costs for my court applications.

 

The judge wrote out that they intend to write to Abbey to have them pay the remainder of costs, and to remove all defaults entries against me on the credit register from all data controllers.

 

 

They handed me my bundle back

[Guest louis wu]

.

 

The judge wrote out that they intend to write to Abbey to have them pay the remainder of costs, and to remove all defaults entries against me on the credit register from all data controllers.

 

 

 

 

Was this a judgement, or is he going to request that they comply?

 

I'm not sure whether is congratulations time or not, but it certainly sounds positive, and hopefully this will be the end of the matter

 

Well done

 

Louis

[Guest louis wu]

Have a looka at this, may be worth having a go at.

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=84&a=84

 

Louis

[abbeyhater2]

the judge stated that they will write an order for abbey to remove all default entries against me

[freakyleaky]

4 threads merged. Please keep to one thread.