Been to Court Today!

[Notty]

I had a letter from Abbey today saying they would settle my claim for the full amount. They said they would raise a cheque and either put it into my account or send it to me. I have just read RED SINGHS thread and it looks like he still hasnt been paid, even though his hearing was for today.

 

Has anyone else had an offer on paper that doesnt have the Abbey heading? Also it this happening a lot? They said they would inform the court that we have settled and when I have the cheque I was to do the same and send them a copy. Just wondering if someone is playing silly beggars here. Any thoughts?

[Notty]

Abbey have written and offered the full amount but as my court date is 7th March if they are raising a cheque and then putting it into my account it will not be clear until after the court date? What is the best way forward? I did email James yesterday to say I required the funds to be cleared in my account by the 6th March but as usual not a word. Should I just go to the court and not contact them again. I never had a copy of their bundle but I wrote to the court telling them this. Any advice please

[Armsoft]

Abbey have written and offered the full amount but as my court date is 7th March if they are raising a cheque and then putting it into my account it will not be clear until after the court date? What is the best way forward? I did email James yesterday to say I required the funds to be cleared in my account by the 6th March but as usual not a word. Should I just go to the court and not contact them again. I never had a copy of their bundle but I wrote to the court telling them this. Any advice please

 

Notty,

Phone James Arrandale and put him in the picture (He has a mountain of Emails to get through, so chances are won`t get to yours for a while)

Tell him you want a BACs payment into your account and he can set it up, also remind him that they failed to send you a copy of their bundle.

If he won`t play ball (although I`m sure he will) just tell him you look forward to meeting him in court next Wednesday so you and him can discuss the lack of settlement payment and also abbeys failure to comply with the Judges order regarding the court bundle with the judge.

 

Or, alternatively, you could just turn up at court, and not bother contacting him, the judge will order in your favour as Abbey won`t be there, and you`ll get your settlement within the timescale set by the judge (usually 14 days)

 

Phoning James will get you your money quicker, but then you`ll miss out on the experience of going to court, so it`s up to you.

Best of Luck

[Notty]

Spoke to James today and he said if they did the BACs transfer it should HOPEFULLY be cleared by the Wednesday. He said they were going to write to the court and tell them we had settled and they had done everything in their power. Also they would not show for the hearing. He said the cheque would be in the account and that should be sufficent? Well if its not cleared surely its not sufficent? I told him if its not cleared then I would go to court on the Wednesday. He asked me if I didnt trust them? Well I dont trust them. I could withdraw the claim, they could take the cheque back out, and I would have to start all over again. What do you think. Have I shot myself in the foot. Should I just ask the court on Wednesday to delay the hearing (if the cheque is in the account as he says but not cleared).

[Armsoft]

Spoke to James today and he said if they did the BACs transfer it should HOPEFULLY be cleared by the Wednesday. He said they were going to write to the court and tell them we had settled and they had done everything in their power. Also they would not show for the hearing. He said the cheque would be in the account and that should be sufficent? Well if its not cleared surely its not sufficent? I told him if its not cleared then I would go to court on the Wednesday. He asked me if I didnt trust them? Well I dont trust them. I could withdraw the claim, they could take the cheque back out, and I would have to start all over again. What do you think. Have I shot myself in the foot. Should I just ask the court on Wednesday to delay the hearing (if the cheque is in the account as he says but not cleared).

 

Notty,

It is unlikely that the Abbey would pay the funds in and then withdraw it after the hearing date, lets face it, they`ve got enough on their plate without adding that to their list of tactics:D

If I was you, as long as they have credited your account by the court date, and assming the funds are not clear, I would attend court and advise the Judge of the current circumstances, he will then give a 7-14 day stay on proceedings.

When the funds have cleared you can then inform the court that the issue has been settled.

Hope this is of help.

[Glenn UK]

i wold second armosfts advice go to court and inform the judge they havent cleared the funds yet, he will likley make an order staying the claim for a period and ask you to let them know if there are any problems or get you to confirm receipt of the moeny.

 

Glenn

[Notty]

Thanks for the replies. Is it necessary to actually attend court. Would I be able to ring and tell them what's happening. If I do have to attend would I have to take the bundle and everything? I am hoping I can just ring, I really do not want to go to court if I can help it.

[Odd Fellow]

Notty,

It is unlikely that the Abbey would pay the funds in and then withdraw it after the hearing date, lets face it, they`ve got enough on their plate without adding that to their list of tactics:D

 

This would be akin to providing a rubber cheque in payment for something - Fraud.

 

Abbey wants it all its own way. BACS is just one option. Abbey has the power to put money into your account instantly. It chooses these slower methods for it's own ends and/or in a final act of defiance.

 

If you read the Independent, you'll see that I had to send in the Bailifs for just £30 costs that were awarded to me in a case last August becuase Abbey failed to put up on time.

 

I don't know your background in this claim, but I would not worry too much. You can always call in the bailfs for an extra £35 or so - and there's a certain amount of satisfaction to doing that!

[Armsoft]

Thanks for the replies. Is it necessary to actually attend court. Would I be able to ring and tell them what's happening. If I do have to attend would I have to take the bundle and everything? I am hoping I can just ring, I really do not want to go to court if I can help it.

 

Notty,

In theory, if James has actioned your payment you will have it before your due to attend court, under those circumstances I would phone the court in advance and tell them whats going on and ask for a 7 day stay on proceedings.

If you have not received the payment before the court date, go to court with everything and be prepared to go into court.

 

I agreed settlement with the Abbey on Monday of this week, I received the settlement letter for me to sign and send back on Thursday, I received my cheque today:)

My court date is not untill 22nd March, but I will be contacting the court to tell them Abbey have settled (They will not bounce the cheque)

 

So, you need to make the final decision as and when you receive the payment.

[Notty]

My court date is tomorrow. I spoke to James on Friday and he said the cheque would be in my account that day, it wasnt. I rang him again on Monday and left a message. He phoned me last night and said the cheque had been sent to me on Friday and I should have got it yesterday (Monday) or today, it hasnt arrived. I suppose my only option will be to go to court tomorrow. If I take the letter with me to show the judge they are going to settle will that be enough? Will I have to go through the bundle and all the laws etc?

[Armsoft]

My court date is tomorrow. I spoke to James on Friday and he said the cheque would be in my account that day, it wasnt. I rang him again on Monday and left a message. He phoned me last night and said the cheque had been sent to me on Friday and I should have got it yesterday (Monday) or today, it hasnt arrived. I suppose my only option will be to go to court tomorrow. If I take the letter with me to show the judge they are going to settle will that be enough? Will I have to go through the bundle and all the laws etc?

 

Notty,

Go to the court tomorrow and speak to the court usher, he will advise the judge for you, and at the end of the day Abbey are not going to appear so you won`t be expected to go through anything.

The judge will proberbly sign a stay order for you (7-14 days) and ask you to let the court know when settlement is cleared.

 

HTH

[Notty]

Thanks Armsoft

[bp]

Not that you'll need it but good luck for tomorrow

[Notty]

Well James from Abbey told me on Friday that the cheque would be in my account on Friday, it wasnt. I rang him on Monday and he told me it had been posted so I should get it Tuesday, I didnt. I rang him yesterday to tel him it hadnt turned up but he didnt ring me back. I rang him again this morning (Wednesday) to tell him the cheque still hadnt turned up and I would go to court today. I went into the court (they had moved it to the magistrates court) so it was a good job I was early. I switched my phone off at 12.45 and James rang and left a message at 12.50. I asked the court usher if they would order a stay to see if the cheque turned up. I had to wait until 2.10 to see if Abbey turned up but of course they didnt. The judge had the same letter as me which said they would settle. I had to go in and see the judge. He said they would have 14 days to pay and if they didnt I could enter judgement against them. I dont think he was a very happy judge. Annoyed with Abbey that they hadnt had the courtesy to turn up and annoyed with the thousands of people who dare bring issue proceedings against the banks! He said he thought there would be a ruling on it soon, which is what everyone wants anyway. He also said if Abbey were not happy with the ruling they could ask for a stay???? I cant beleive that when is any of the legal system in my favour? So they could carry on playing silly buggers for another 2 weeks and then asked for the judgement to be set aside?

 

His parting shot to me was he wasnt going to make any comment on the right or wrongs of people who didnt keep their accounts in order and where then charged. He obviously was commenting as he had said that! I said but its madness what they are charging and its not that I dont want to pay a fair price. I said I am a small business and I had 8 dog insurance policies (all to the same insurance company) set up on my account. I was £2 short of the amount and they bounced all eight direct debits and charged me £240. Is that fair. He spluttered a bit and I thanked him and left.

[jez71]

Ditto! Well done Notty I have my day in court coming up in a couple of weeks time.

[Bookworm]

10 threads merged.

 

Congratulations! And well done for at least having your say. ;-)

[Lula]

Congratulations Notty, and I am glad you had the final word over that pompous judge!!! and I would also like to say Welcome back to Odd Fellow - nice to see you back matey

[mariejader]

Well at least you had a chance to put your side forward to the judge maybe now with what you told him is attitude will change slighty.

 

I can understand they are getting very upset with the banks not turning up but surely they should do something about it

[andrew1]

....but there is sadly, also this attitude that people who are in debt are irresponsible and this seems to be a judge with this view. Never been in debt him/herself and thinks everyone who gets themselves in debt is just bad at keeping their accounts and finances in order. Irresponsible spenders who borrow our way out of everything then can't pay our way back out of debt so look for things like reclaiming back the charges to get us out of trouble.... dream on.

 

These people, and sadly there are a lot of them about, have never had a DD bounce or cheque returned or had a late payment fine which they'd argue about. If someone pinched their bike from the garden they'd call the police alright, but white collar theft - is okay ? twits!

 

It annoys me they have this attitude, the media having put it on t.v. and in the papers are making it in some way a little more respectable, but get them to ask for their charges back? - never - that's for people like us!

[charleyfarley]

Andrew,

That's a great post. These charges are the closest thing I can think of to legalised theft, and the Establishment are allowing these Companies to get away with it under a cloak of respectability, while they wring their hands about the level of consumer indebtedness.

[Armsoft]

....but there is sadly, also this attitude that people who are in debt are irresponsible and this seems to be a judge with this view. Never been in debt him/herself and thinks everyone who gets themselves in debt is just bad at keeping their accounts and finances in order. Irresponsible spenders who borrow our way out of everything then can't pay our way back out of debt so look for things like reclaiming back the charges to get us out of trouble.... dream on.

 

These people, and sadly there are a lot of them about, have never had a DD bounce or cheque returned or had a late payment fine which they'd argue about. If someone pinched their bike from the garden they'd call the police alright, but white collar theft - is okay ? twits!

 

It annoys me they have this attitude, the media having put it on t.v. and in the papers are making it in some way a little more respectable, but get them to ask for their charges back? - never - that's for people like us!

 

Andrew,

Your dead right, what an appalling attitude for the Judge to take.

 

Mind you, they might never have been overdrawn or had DDs bounced on them, but they do get charged with Exposing themselves on Trains:o :D

[mariejader]

Mind you, they might never have been overdrawn or had DDs bounced on them, but they do get charged with Exposing themselves on Trains

 

:lol: :lol:

[fendyweather]

Sorry to jump in on this one, but Im claiming with the Abbey too, and I was reading this thread and found it both disturbing and extremely funny and interesting. Firstly well done Notty for turning up to court to fight your case. A lot wouldnt. So well done for your bravery, and secondly, I know the term JUDGE is literal in judging law, but when did it ever mean the have the right to judge people as people. A judge is a decision maker in law, not in people personality or ability to handle money or debt. I think its disgraceful he/she tried to make you feel bad. At the end of the day, you were not on trial here for whether or not you are good or bad with money, the bank were. I would politely ask my judge to remember that if it gets that far. I hope not, but Im happy to fight the fight if it does. I think its disgraceful that they make you feel bad for trying to stand up for rights. Well done is all I can say. I admire you immensely. xxxx Fendy xxxx

[Notty]

Thanks everyone for your replies. You've really cheered me up. I do remember thinking as I sat there surrounded by what seemed like hoards of hoodies (but with baseball caps on, and all seemed a very funny colour) what the hell am I doing here! He did make me feel inferior but only for a minute. Then I thought cheeky b...er who do you think you are. I have a small business which I work very hard at. When Abbey charged me £35 for a bounced direct debit that was, for me, a whole week walking a dog gone down the swanny. Then when he said if Abbey wasn't happy with his decision they could always ask for a stay when I entered judgement I thought what is the point. It is so loaded for the banks. They dont keep to the deadlines when you send papers to the courts. For a prime example. I have issued 2 NI for credit card charges. The cards were only for £200 and they defaulted at £900. I still intend to pay the cards and would not dream of not paying it but when they load on the charges its the same as the bounced direct debits it just gets out of hand. I sent the two NI claims at the end of January. One was issued on the 16th February but the second one for Monument (Kingshill1 - Andrew) has slipped through the net the kindly man at the court told me today. So has only just been issued after about 8 weeks. Again no one is bothered, least of all the courts. The thing that makes me sick is if it was me that wasnt keeping to time scales they would have had the baliffs in by now. Anyway enough of my rant. By the way I still havent had my cheque from ABBEY.

[scousepie]

Notty, Good luck with you claim, Do you have a email address as I need to contact the Scabby as my court date is in April and I am about to start another claim.

 

I want to chance to pay or settle before I start the process all over again

thank

SP