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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
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Lady E .v.Abbey


Lady E
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Help- just having a wobbly . Have got all my documents and case notes printed , I did a draft statement of evidence and then popped back to Gary H "Got a court date" help sheet and am wondering if I actually need a statement of evidence? Mr Judge ignored my draft directions and issued a court date and instructions as follows-

Each party shall deliver to every other party and to the court office copies of all documents including any experts report on which he intends to rely on at the hearing no latrer than 14 days before the hearing.

 

Does that mean basic court bundle and other bits that I need eg copy of limitations act , but not a statement of evidence???

 

Sorry I sound dim but it has been a tough couple of weeks and my usually sensible head has gone to mush !!

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hi E,

 

Each party shall deliver to every other party and to the court office copies of all documents including any experts report on which he intends to rely on at the hearing no latrer than 14 days before the hearing.

 

 

 

I had the same order as this, and I sent in a Witness Statement and Statement of Evidence as well , just to be on the safe side.

 

If you'd like, I can let you have copies of mine just to see what i scribbled;)

 

They're dead easy

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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Oh Charley .......sigh , you really are a knight in shining armour. :p

 

If you could let me have a look at what you wrote that would be really helpful , I am getting there slowly.

 

Cheers

 

E

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I havent got any T&C for my court bundle , I opened the account in the 80s (poss 89), will I need a copy ????

 

ALSO

 

 

The account is in my maiden name (its my slush fund ;) haha) shall I copy my wedding certificate as well or just wing it ?

 

 

 

Thanks Charley for the info, I reckon I can do a statement of evidence too BUT I was only sent a list of charges not a balance total , so I cant actually give dates of balances that took me into the red only charges/debits /credits to my account. Does that make sense ?

 

I think I may be giving Bonnie a run for her money on questions questions :)

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Can't help with T&C for 89 but have got them for 98 and tariff of charges for Nov/Dec 97 if they're any use.

 

As for maiden name ... as I understand things, you are not compelled to take your husband's name when you marry so it shouldn't really matter that it's in your maiden, particualrly if you operate the account in your maiden name. I stand to be corrected though. What name did you sign all your letters and your N1 paperwork in, cos if it was your married name then I'd say send the copy certificate, just to cover your back.

 

I'd send your bundle to the address that all your paperwork is coming from.

 

HTH.

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  • 2 weeks later...

Well my bundle went in last week and my court date is 23rd August.

 

I am just wondering that since the OFT test case started has Shabbey been making offers to people who have have got court dates soon or have they come to a standstill ?

 

I have done a spready for all my costs and have worked it out that for bank charges costing £728, interest at 8%=£341 + 21 hours work @£9.25 and all my postage and photocopying they will owe in the region of £1300!!!

 

Any thoughts would be really helpful as I dont have any fingernails left to chew:)

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My court date is 17 August. Court bundles were due in by Friday just gone. Neither I nor the court received anything from Shabbey. In two minds whether to send shabbey a reminder letter requesting their bundle within 7 days or just letting it go and writing to the court in 7 days. I have had one offer of under 50% of my claim about 6 weeks ago which i rejected. I feel that Abbey are winding down their operation with regard to claims, I read a thread from someone who works in the same building as a temporary Shabby office, in scotland, set up to deal with claims, apparently all the temps have been let go and the office is closing. From talking to my court all banks have sent out a blanket request to stay all cases. It appears to be upto individual Judges how they procede. My Judge, god bless him, has decided to hear all cases that are listed, at the moment that is, finger nails are gone, am eyeing up the toe nails!!!!

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Any thoughts would be really helpful as I dont have any fingernails left to chew:-)

 

Hi E,

 

the only sensible thoughts I can offer, are

 

 

 

 

 

 

 

 

what are you doing up so early on a Sunday morning?:p :p

 

 

 

 

 

 

 

but in all honesty, I really can't see the courts putting a stay on a case that is so close to completion,although I haven't got any concrete evidence to support that...........although I can't imagine Abbey have sent a Bundle in, so that would be the overriding consideration.

 

sorry I can't be more help,hun:o

 

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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 think there seems alot of confusion over this test case at the moment so who knows abbey might think cos your desperate that youll accept a low offer who knows they stall where ever they can and if they think theylll get a cheap deal then theyll probably go for it as youve put in court bundle youll have to wait now love and see what next how long have they got to put in there court bundle then like charley sorry cant really help more :confused:xxxkia

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Thanks psm .

 

Like everyone else I have not had any court bundle through from Shabbey, but my understanding was, that was par for the course and I could expect some contact from them wanting to settle my claim .

My Judge has also bosched any mention of a stay and it is business as usual at my court . So far Shabbey have offered me absolutely NOTHING, which is why I wondered if there had been a wind down of their operation .

 

Anyone else have any news ?? 8-)

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Hi E,

 

the only sensible thoughts I can offer, are

 

 

 

 

 

 

 

 

what are you doing up so early on a Sunday morning?:p :p

 

 

 

Charleyfarley - The answer lies with two little men who rule the world as far as mummy and daddy are concerned :D

 

Kia and CF -Thanks for your comments I appreciate your thoughts as Shabbey are so unpredictable /unreliable , I feel I need to be prepared for all eventualities :wink:

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Don't know much truth there is in the runour but word has it that Abbey have laid off all the temporary staff and the permanent staff who were dealing with charges reclaiming have been reassigned.

 

The story is Abbey are assuming that their request for a waiver to stay all cases until a decision on the test cases is made will be granted.

 

Until somone tell us otherwise .... it's business as usual, pester them, pester the courts, don't let them scare you off.

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hi LadyE

I'm not sure if my case will help you but the dates are so close and my experience has been almost the same so far, so I hope it does!

 

My court date was due to be today (7/8/07) and I submitted my bundle to the court & Abbey on Mon 23rd July. Up until then I had received *nothing* from Abbey since the start of the case - no offer or indeed any communication, at all. (Defense & AQ were sent to the court but no copy to me). I received a GOGW months ago for a paltry £100 & my original sum on the N1 was £1300.

 

I received an offer on Wednesday 25th which was about £200 short of the total, they asked me to reply by 5pm Thur 26th which I did with a refusal and I was looking forward to going to court! Then, last thing on Thur 26th, they offered to pay me the full amount (now just under £1400) which they did by paying a cheque into my a/c which cleared Fri 3rd Aug.

 

so, this overlaps slightly the test case announcement ~ they offered me settlement at 5 pm the day before ~ and as your case is very close to completion, and they haven't submitted a bundle AS PER THE JUDGES DIRECTIONS, I expect you too will get a little email shortly making you an offer. :D :D

 

Good luck let us know how you get on!

Apple x

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AppleCrumble -Congratulations , enjoy yourself with your windfall .

 

Thank you for informing me on the way it works . With any bit of luck Shabbey may contact me next week with some form of offer, in fact anything from the Shabbey would be nice, phone call, text email all would be very welcome. :D

 

May I ask, how did Shabbey contact you ? Was it via email?

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I was just reading some of the other threads and wondering if I should send a non compliance letter to the Shabbey? No court bundle from them and court date is 23rd August. I suppose I would be the first person in the world to get a court bundle but just wondering what I should do next or do I just sit tight and wait for them.

 

(It like dating all over again :) )

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hi LadyE

yes, they contacted me by email . Like you I had no contact from them at all, until I had sent the bundle and I was getting very bothered thinking 'why are they ignoring me??'.

 

I had tried to email the famous Ashton's before submitting my bundle trying to prompt them into offering something, but they were very dismissive until they got the bundle and it was 10 days until the case, by which time I was so peeved by being ignored there was no way I would have settled for anything less! :)

Apple x

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Hi

 

I submitted my bundle and have court date 14th September - my local court held onto my aq for ages. I have heard zilch from abbey and they haven't got my email address. Was considering writing letter reminding them of date. It is just a waiting game and it makes me feel better to have read this thread! Frankey

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Rang up the court again today, still no application for a stay on my case which is good. Got chatting to the very friendly clerk, who said they had not received a court bundle for the Abbey either, it was due in on 3/8/07.

I pleaded dumb (Lord E says I am good at that;) ) and she said as I was not being represented , I might like to write a letter to the Judge asking for instructions.

 

Any advice please? Very tempted ....but dont know what to write . Very aware as to what happened to MarmiteGirl this morning and would really like to avoid that scenario if at all possible .

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E,

 

My thoughts on this, bearing in mind m-g and her shiny shoes, would be to avoid going into court and try and get them on non-compliance with N225.

 

I have to admit to knowing absolutely nothing about how it works, but it looks like your best bet of avoiding the dreaded stay:)

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 Charley will pop up on Monday (hoping they havent put a sneaky stay in , in the meantime) and get the ball rolling. I think I will find that non compliance letter that I saw on one of the threads and take it with me .

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