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Good Morning All,

 

Im in the middle of reclaiming over 9k in charges and today is the final day the Abbey have to file a defence.

 

Does anyone know what time will be the cut off or if the abbey on certain occasions just blame it on staff shortage etc??

 

Im just wondering if I might have a little luck and win by default?!!

 

Thanks in advance a very nervous Vicky

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Fingers crossed. In fact fingers and toes crossed for you because I've got a very similar claim with a deadline for defence on 28th March.

 

 

Having read other threads though, I think the courts have been lenient with them in the past so don't rush down to file judgement for a few days, but it's looking good so far:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Thanks all! lets just hope they "forget" or whatever it is they blame it on as this money will clear every debt under my name! Nicew new start is in sight!

 

 

Will keep posting thanks again

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good luck,

 

It will be interesting to see what happens please keep us informed

 

 

Marie!!! What a surprise to find you on this thread!!

 

:) :) :)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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I suspect (sorry!!) that when/if you enter judgment against them they will request a stay and it will be allowed.

 

Hi ladybird,

 

Thanks for the advice, and please excuse my stupid question but what is a stay and how does it affect my judgement??

 

Vicky

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Having read other threads though, I think the courts have been lenient with them in the past so don't rush down to file judgement for a few days, but it's looking good so far

 

From what I read I also agree with Charleyfarley on this one, guess it depends on the court, have you phoned them and asked?

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From what I read I also agree with Charleyfarley on this one, guess it depends on the court, have you phoned them and asked?

 

Not yet was going to leave it till 3 just to see if the post brought their defence if they filed one as i was told the court would send it to me.

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Fingers crossed. In fact fingers and toes crossed for you because I've got a very similar claim with a deadline for defence on 28th March.

 

 

Having read other threads though, I think the courts have been lenient with them in the past so don't rush down to file judgement for a few days, but it's looking good so far:)

 

My deadline is the 26th March, so I'll be very interested to see what happens. Unfortunately, tho, as Charleyfarley says, they'll probably be given extra time. Hardly seems fair, does it? Silly me! We're talking about banks here; where does fairness come into it?!! :mad:

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I THINK - but not sure,it has to be filed by 4pm?? Somebody correct me if I'm wong (which I'm sure they will:wink: )

 

 

That's right............close of the business day for the court

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Just called the court and have been told that there has been no defence filed and that i now need to request the judgement from the court.

 

Should I give it a couple of days or be outside my county court at 9am tomorrow!!!!

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IMHO I'd go for it sooner rather than later!!But PLEASE bear in mind what's been said about a stay before you spend it all in advance!

 

Thanks for the advice! Think Ill file tomorrow - its not as if the bank would be too nice to me if the boot was on the other foot!

 

Has anyone got any top tips regarding the Stay and is it worth requesting it to be taken off if it goes that far? I dont want to hinder the whole process but could do without a long waiting game??!

 

Once again thanks to all for the advice.

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Don't jump that bridge - you haven't come to it.

 

Just bear in mind that it is sometimes advantageous for the judge to do this - a stay will normally start with something like

"in order for the parties to come to a settlement".

 

Now that means the judge is expecting them to make some attempt at settlement - the timescales on this site are fair and reasonable - so YOU have done everything you can to attempt settlement.

 

If - and this is a very big IF - they pursue to court and turn up at the hearing having made no attempt to settle, hopefully, the judge will recognise their abuse of the court system, and suss that they only requested the stay as they hadn't bothered to file an original defence in the allotted time.

So could work in your favour. I know it's difficult & frustrating to play the waiting game, but everything come to those who wait.......apparently:wink:

 

 

 

 

 

If I have been of any help, please click my scales in the bottom left hand corner. I'm not a legal expert, just trying to help out. Thanks!

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Ladybird,

 

Great advice thanks, didnt really understand the whole stay thing but you've explained it greatly.

 

Ill let you know what happens!

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Hi all,

 

Just a quick update for all those watching!

 

Spoke to the clerk of the court last thing yesterday who said that nothing had been received from the Abbey. She has told me to go and file this morning and they are given 28 days to reply just like anyone else. She has stated that the Judge will not issue a stay even if one is requested as the Abbey has had plenty of time to settle.

 

So needless to say im requesting a judgement at 9am!!!

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Also can anyone tell me if it is worth writing to the Abbey to offer the settlement for the full amount now or wait for the 28 days to expire??

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IMHO I would leave it at least a couple of weeks untl you contact them - others may think differently - but if you alert them to the judgment from day 1 - they will have plenty of time to request a stay and file defence. If you leave it until the last minute...they won't!

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