Mazamarie vs Abbey

[Guest louis wu]

Maz, you wont fall.

 

I believe the judge will be more sympathetic to you, and will help. Having said that, what do you think the chances are that Abbey will let it get that far...not very high I bet.

 

Good luck

 

Louis

[mazamarie]

I am now confused...

 

I had a letter from court dated 13th April stating my claim was re issued and the date of service is 15th April.

 

Acknowledgement of Service was dated 18th April 2007 - Abbey responded indicating an intention to defend all of the claim. The defendant then had 28 days from the date of service of the claim form with particulars of claim to file a defence.

 

General Form of Judgement or Order dated 10th May 2007 - reads as follows

 

Before DISTRICT JUDGE *88888 sitting at Burnley County Court, address

 

Upon the Courts own motion . the Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

 

IT IS ORDERED THAT the matter be listed for a directions hearing on 27th June 2007 at 11:00am

 

Dated 02 May 2007?

 

(why dated 02 May 2007? when in the box at the left side of the Order it is dated 10th May 2007? that is 8 days and doesn't give 7 days for anyone to make an application to have it set asside etc)

 

As previously stated by Louis Wu I now go to a directions hearing on 27th June - and I dont need to submit a full bundle at that time.. just the bits Louis refered too.

 

I just felt that this was a different approach by the courts and I would appreciate some more guidance as to what I should be doing at the hearing... and whats more anything that could help me with getting my side accross to the Judge.

 

I take it that the directions hearing is informal - but what does informal entail exactly?

 

All help greatly appreciated

 

Maz

[KnellyK]

Hi Maz

 

I can't answer your questions but thoought I'd offer some moral support. If I see anything similar in any other threads I'll come back and post a link for you!

[Guest louis wu]

Maz,

 

Sorry, I'm not too sure about this myself.

 

My first reaction is to phone the court and ask for some advice, explain the confusion about the dates etc.

 

To prepare, I think the legal arguments post on the previous page will help, but also have a look on post 79 of this thread Newbody

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/83144-jules1973-abbey.html

Its the T&C's bit, and there's a link in Newbody's signature which should allow you to find your original T&C's. I would print these, and the current ones, and take them, as I think this should make the Lloyds victory irelevant to any Abbey claim.

 

Like Knelly, I will continue to look around to see if there is anything else I can find.

 

Louis

[noobrider]

I have previously attended a directions hearing and my current case is also allocated a directions hearing in July. essentially it is for all parties to agree as to what evidence needs to be presented and what course of action is required from all parties. It is not a time to put forward any real arguments. I would suggest that you take the draft directions and understand what they entail and just argue the fact that if these are adhered to then it will bring about a speedy end to the case. Check my initial thread when I attended a directions hearing. Its no big deal really and if you keep schtum to abbey they may not even submit any documentation let alone turn up, in which case you can ask the judge to take any direction you want as there will be no argument from Abbey

[Leecabs]

Hi Mazamarie,

 

just to let you know im thinking of you, I dropped my N1 off to court today and reading your thread is helping me learn so much about the procedures etc...

 

Im hoping that they come to thier senses and pay you out! Either that or dont turn up on June 27th.

 

Im with Noobrider dont contact them just keep in touch with the courts and us you dont want to inadvertantly spur them into actually bothering to turn up.

 

All the best

 

Leecabs:)

[mazamarie]

Hi Louis, Thankyou again for your help..

 

The link on post 79 by newbody in Jules1973 vs Abbey thread to Abbey for old T&C's wont allow me access it just comes up with a message that I am not authorised to look at them.

 

So I would really really appreciate it if ANYONE with T&C's as close to 23rd August 2004 as possible could scan them into the CAG Abbey sub Forum or even email them to me - Anyone? Please let me know

 

Cheers

 

Maz

[mazamarie]

Thanks Noobrider & Leecabs

 

Here's looking at you kid:D - I mean Im visiting your threads..

 

Cheers

 

Maz

[newbody]

Hi Louis, Thankyou again for your help..

 

The link on post 79 by newbody in Jules1973 vs Abbey thread to Abbey for old T&C's wont allow me access it just comes up with a message that I am not authorised to look at them.

 

So I would really really appreciate it if ANYONE with T&C's as close to 23rd August 2004 as possible could scan them into the CAG Abbey sub Forum or even email them to me - Anyone? Please let me know

 

Cheers

 

Maz

 

18th August 2004 .

 

according to wayback machine is dated 18th august but by the way i read their date codes it is the 4th august 2004 hope it helps sorry for the hi-jack Louis Wu

[KnellyK]

Hi Maz

 

I've sent you the 2002 ones I had and was coming here to post Newbody's link, but Newbody has beaten me to it!

[mazamarie]

BUMP!!!!!

 

IVE WON!!!

 

Received letter from Abbey Triton House - Signed Abbey

 

The letter is dated 12th June 2007 but no money in my account yet and its the 14th.....

 

Letter says without liability they have settled in full and will pay £920.40 into my account thats £729.00 charges, £99.24 interest and £12.19 interest at 8% plus £80.00 court fee!

 

They say they are raising a cheque for the sum of £920.42 that will be paid into my account (if open) or posted to me.

 

The letter asks me to inform the court that Abbey is settling my claim and to withdraw the claim from the hearing list....

 

I wont believe it till I see it but it looks like IVE WON;)

 

Anyone else received this letter just recently?

 

Maz

[petcat]

Hello Mazamarie- just popping in to say CONGRATULATIONS!

[kidneybeaner]

Wow, well done Maz!!! Fantastic news! Let me know when the cheque clears

 

kidneybeaner

[KnellyK]

CONGRATULATIONS!

Well done Mazamarie!

You'll soon be choosing your new windows!

[charleyfarley]

CONGRATULATIONS!

[Leecabs]

:) Congratulations thats made my day sorry wasnt around yesterday:) :)

 

Well dont withdraw the claim until you get money cleared into your account!

 

Well done!

 

Leecabs x

[mazamarie]

Ive won definately WON!

 

The £920.40 funds are showing in my account as a payment from Abbey Triton Square available from 20th June. I have not informed the court yet as I will still have seven days from that date till the directions hearing date but I will withdraw as soon as funds are cleared.

 

I want to send a letter to Abbey that tells them that although they have settled in full before court I still feel very strongly about how the banks are treating us..

 

Its our money - we work for it & many who have been struggling through tough times have suffered considerable hardship and distress because of the banks and their charges!

 

Keep up the good work CAG and Best of luck everyone stick to your guns people and get back whats yours!

 

Now how do I go about making my donation to CAG? I would like to give back a bit for all the great help, advice, expertise and resources to continue.

 

Luv

Mazx

[Leecabs]

Here here Maz, congratulations again!