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Defense struck out by judge .... what next?*** All Read***


Kelly Jenkins
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Hello,

 

I have been waiting for my case to be given a date for the court hearing against Natwest but instead today received a letter from the court stating the following:

 

Before DISTRICT JUDGE *****( NAME OF JUDGE) sitting at Reading County Court............

 

Upon receipt of parties' the allocation Questionaires

 

WITHOUT NOTICE IT IS ORDERED THAT

1. Defense struck out as an abuse of process.

 

2. Claimant may enter judgement for the outstanding balance of the claim and court fees and interest.

 

Does anyone know what I need to do next to " enter judgement"?

 

Has anyone else had this before?

 

Kelly

 

P.s Won against Lloyds last week too £2768.43 !!!

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Kelly

 

Excellent news, you can apply to the court for judgement in writing i would using the form n244 i think it is (Looks Likge Hagen has provided the proper course of action in the post below).

 

Does it perchance make any reference to this decision is made without a hearing and any one affected can appeal in writing within seven days or similar?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Now you complete the Request for Judgment section of the N205A Notice of Issue the court sent you after you filed your claim and enter judgement for the full amount in accordance with this order.

 

 

 

 

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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I have sent you a PM.

 

Thanks

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Terrific news, Kelly...... Congratulations.:D

 

Regards, Rooster.

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FANTASTIC NEWS. sport-smiley-001.gif This will hit cobblers right in the cobblers laughing-smiley-014.gif Those 3 wonderful words " Abuse Of Process" are indeed very sweet. Kelly enjoy you dosh:D

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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That is fantastic news. . . well done..

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I know this is a very good outcome, but could you please explain "abuse of process " is it because no one has defended the claims yet or is this just 1 judge getting fed up with these cases. Thank you.

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Thats really good news - perhaps if a few monre judges did the same Natwest might get the hint and stop taking it that far.

 

I just wish they'd stop trying to prolong the inevitable and pay out at the prelim stage!!

Natwest Bank Plc owe me £1,227.48

06/03/07 - Prelim Sent

16/03/07 - Claim authorised, in full, via telephone...

28/03/07 - Full offer received in writing - YAY

29/03/07 - Offer accepted!

 

Bank of Scotland Mastercard owe me £497.00

11/03/07 - Complaint telephone call logged

29/03/07 - 50% offer received...

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Guest NATTIE

I think this needs a bump up the forum. I may have missed your posts so can you tell us a bit more about how you filled in the AQ and the court you used. I would suggest this once you feel you can tell us all.

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Nice one! :D

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Absolutely smashing - great stuff!!

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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This is more like it - a robust judge, I have seem a few abuse of process orders, but they usually give the banks an opportunity to explain themselves.

 

This order is straight to the point and the judge does not even offer any form of explanation to expand on the specific nature of the abuse, unlike the other abuse orders.

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Yeah, he does:

 

"Abuse of process".

 

Particularly apt when it comes to Cobbetts and their ridiculous Part 18 requests and other intimidatory tactics.

 

Next, Barclays and their "we'll pay between 1 and 5 days before hearing".

 

One by one, here's hoping anyway!

 

Well done, Judge X, you have my respect and admiration. BlowKiss2.gif

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this means that the courts have finally realised that the Banks are abusing the system are striking out the defences!!
It certainly looks that way - well done...what was the name of the judge...we can make him/her "CAG hero(ine) of the week...":rolleyes:

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi all

 

Just to update you , I submitted my request for Judgement today (form N225) at Reading County Court. Although I was told serveral times that this was at the bottom of the original " notice of Issue " form, it was not. I eventually downloaded it from the local court website.

 

Now I wait for this to be processed by the court. ( approx 5 days). They said I should give the Bank 28 days to respond?? Not sure I will be that patient though.

 

Kelly

 

Total Claim: £ 3265.01

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