Abbey Charges

[GaryH]

No need. The court will have that on your file anyway.

[spicester]

ok thanks i thought that would be the case anyway just wanted to be sure.

[spicester]

Gary,

 

Attached;

 

- The request - ok not a problem

- Letter to Defendant - again not a problem

- Order of District Judge XXXXXX - photocopy

- Response to order what response???

 

lol preparing the n244 now and just saw that and don't know what that means or am I being thick? lol

[GaryH]

Your statement in response to the judges order - as per the previous page of this thread.

[spicester]

ah!! see told you i was being thick!!

[spicester]

for all reading mny thread looks like I may have to wait until the test cases is resolved, on the thread what courts are carrying on? there's a thread saying a lass from here has had hers stayed and they are probably gonna follow suit with mine so waiting for the letter, but still gonna go in anyway on thurs to lodge my application under cpr part 18. Think its worth it?

[GaryH]

Absolutely. Carry on exactly as normal. Its not at all clear yet whether or not any cases will be stayed, and even if some are there are excellent grounds to challenge them. Business as usual!

[spicester]

when i said here I meant the same court lol and she said that th court clerk had said all were getting stayed. I will ring up tomorrow to find out for def. But if it has been stayed what can I do to get the judge to change his mind?

 

Actually just read the post by bankfodder - application to remove a stay and i think that would def be the way to go in any cases that get stayed

[GaryH]

Still carry on as normal. If it is stayed, you can apply to get it lifted. There should be a template application going up soon.

[spicester]

planning too, gonna do the part 18 thing on thursday morning so will update everyone then....

[spicester]

Ok Part 18 request submitted to the court - partial fee paid - said if he orders a hearing then the rest will be payable. She kind of gave me a dirty look though so it looks like the court staff must be getting really smowed under after this test case announcement. But nothing was mentioned about any stays or anything like that so looks like its a waiting game yet again lol

[pinkbabez]

she's proberly annoyed because i phoned up to complain that i had been mis-informed about how the court was proceeding, after been told everthing was on hold then told by simon otherwise ! anyway will be going in next friday to see where i stand with regards to the defence been due from abbey by the 9th. i'll give them a smile see if i get one back !

[spicester]

i'll give them a smile see if i get one back !

 

probably not if its the frumpy one with the glasses. She seemed well peeved off lol. She kinda rolled her eyes when she read the order and saw it said me v abbey lol:rolleyes:

[pinkbabez]

thats all we need, when i first filed the case they were very helpful and because im struggling with the mortgage repayments they agreed to the court fee been non payable ( this was a man with white hair)

[spicester]

Don't get me wrong they are helpful, I just think they are under so much pressure in Scarborough because they already have a month long backlog and all of us phoning up and going in asking about the possible stays and the test case probably isn't helping and I am guessing she was expecting me to ask all this stuff and hold her up when she read the name of the defendant!!!

 

But at the end of the day I did not bother because if my case was getting stayed then they would not have let me apply for this order, they would have told me it was being stayed and i would have to wait for the letter from the judge before applying for the order because of course then i would also have to apply for a set aside.

 

They cannot give legal advice, but they are very good at informing you of progress. I heard nothing for nerly two months at one point and all it takes is going in, they look it up on the system and hey presto it goes straight to the top of the pile to be dealt with lol.

 

I think they are on our side - they are probably going through the same thing themselves as are most of us these days, they just obviously can't tell us that!!!

[spicester]

All I hope is it does not take as long for the judge to respond to the Part 18 request as it did for him to set out directions - nearly two months. Gonna chase this one up in a week or so I think !!!

[pinkbabez]

Hi spicester,got my defence letter from abbey today, what happens from here? am i waiting for instructions from the court now?

[spicester]

hiya sorry for the delay was away for work.

 

Yes now you have received a defence you wait to hear from the court with directions. In the meantime you can prepare for it by reading up and doing research on everything you may need in the future for your bundle - no harm in getting prepared now. When you do receive your directions from the judge, post it on here so that ppl can tell you the best course of action.

[pinkbabez]

Thanks for that hun, was just thinkin about the intrest you can add, i didnt originaly add it on because i read you can only claim for that when its in the court process.If i were to add it on now would i have to amend the claim form then ?I did send an email to Inga at abbeys solicitors to see if they would offer settlement without intrest and said otherwise i will be adding the intrest if we have to go to court she replyed saying your welcome to add intrest but i can help no further ( this was berfor the test case announcement)

[spicester]

yeah you should have added the interest at 8% when you filed your claim so in order to add it now you will have to file a notice of correction to your n1 and you will have to pay a further fee for that. Bloody hell you were lucky to get a reply off her!!!

 

Offering a settlement without interest though was good of you - prior to commencing legal proceedings it shows the judge you did try to settle amicably without resorting to court action - usually helps things go our way a little bit!!!!

[spicester]

right letter requesting stay received yesterday while I was away standard letter that everyone is getting so looks like just gonna have to wait and see whether it is gonna be a waiting game yet again so close yet so far.....

[pinkbabez]

Hi, yeah got the letter off abbey to say they will be requesting the stay.Also recieved the allocation questionnaire from the court so when i take that back i was thinking i may aswell take in a letter to request the stay be lifted might save some time rather than waiting for the courts to send me a letter to say they have put the stay on then me having to then send the lift request to them

[spicester]

I don't think it would be very wise to second guess the judge.

He might decide in your case or mine to not allow the stay - if you apply to remove a stay before he even grants it he might get a bit miffed!!! No matter what happens we cannot rush the court process and we all just have to be patient and see what pans out.

 

I certainly hope due to how advanced my case is and the fact he even granted me a hearing after the order he imposed that he would be inclined to let it continue, but if he does grant the stay then I will naturally appeal it - whether they advise us to or not. At the end of the day we all have the right to a fair hearing - and due process.

 

And Abbey and all the other banks have ALWAYS had the right to fight our claims all the way and use any case as a test case.

 

But they chose not too. And I think that they chose not too because they never dreamed they would get the sheer ammount of claims that they now have - probably thought pay a few off and then it will die quickly - but I don't think they ever dreamed of forums like this one being created to help others do the same as those first few who claimed in the first place.

 

Either these charges will be declared unlawful or they won't. The ball is in their court now so to speak. I certainly hope that it will go in the consumers favour, especially if the vast majority of us do get our cases stayed, but if they don't then we will all have to accept that we just left it too late to get on the band wagon. Thats life unfortunately - one big gamble.

[pinkbabez]

yeah agree, after thinking about it i just took in the AQ (did you do one of those?) it would have cost me £35 anyway so thought id leave it till i really do need it

[spicester]

yeah not really worth spending the money if you don't need to lol. No my AQ was dispensed with by MCOL before it was transferred to Scarborough. I think in a way thats why it took so long to start to deal with my claim - if I had filed the N1 direct I would have probably won by now - but live & learn eh?