grAbbey National 'v' Hartnell - Any advise appreciated!

[marmite-girl]

Hello all

 

Been reading along as best I can, so please stick with me if all of my questions have been answered elsewhere, but I just want to check what I am doing is right and that it sounds familiar to at least one or two of you!!

 

Ok

 

Sent letter for statements on 24/01/07

 

All received 14/02/07

 

Sent letter asking for charges total = £2,719.58 on 02/03/07

 

Letter from Abbey saying they sorry I am unhappy but they are very busy and to give them 4 weeks to look into it! 09/03/07

 

Sent LBA 19/03/07

 

No response from Abbey

 

Filed small claim with MoneyClaim Online 03/04/07

 

Letter from Abbey saying they are still busy, give them another 4 weeks 04/04/07

 

Thats it really.. Abbey have until the 22nd April to reply.. so my questions are:

 

In everone elses experience.. is it likely to go further than this.. will they put in a defence?

 

If they don't respond by 22nd can I put in judgement on the 23rd or do I have to give them a 'reasonable' time to respond? Dont want to do anything too soon and get it all wrong at the final furlong!

 

Any advise at this stage would be much appreciated - I think I have done it all by the book (ie: letter templates and spreadsheets etc..) but you just dont know what they have up their sleeve!

 

Hope everyone is battling on with their claims.. it seems a long slog, but I'm sure it will all be worth it in the end!

 

Thanks everyone - Carol x

[billyisgod]

cant offer any advice Carol as i am behind you in the process but i can offer support! stick it out and stick it too em girl

[charleyfarley]

Hi carol,

 

Everything seems to be following a well-worn path for you so far. 14 days from two days after MCOL ( I think, I used N1) to acknowledge, and then 14 more days to submit defence.

 

Would be inclined to give them reasonable time to respond , but have a look at KnellyK's thread...........she's at exactly the same stage as you.

[KnellyK]

Hi Carol saw your message in my thread and came to your's to say hello!

 

It seems the banks are busy sorting out all of these 'complaints' maybe they're so busy our Court documents have slipped in quietly.

 

Once the 14 days they have to acknowledge have passed we can fill in the form to ask for judgement, but if they respond after the date they will probably still be able to defend.

 

I don't know what happens if they don't do anything by the time they had to acknowledge and defend has passed. Maybe we would win by default!!!

 

Having read lots of threads here, I'd say they'll probably acknowledge late and then ask for time to defend!

 

We'll just have to keep waiting!!

 

It's good to have someone else to compare notes with and there are loads of other people willing to give us the benefit of their experience!

 

Good Luck with your claim!

[marmite-girl]

RATS - just checked online at MoneyClaim and the shAbbey have acknowledged my claim! The beasts. Was hoping that with all the flurry of activity of everyone else claiming, mine would just tumble by the deadline date!

Hey ho.. so.. do I know have to wait another 14 days or is it a further 28 days.. bit confused by that bit!

The waiting game continues, but I'm sure it will all be worth it in the end.

 

Carol

[charleyfarley]

28 days from date of issue to defend, so 14 more to wait or thereabouts

 

PS

 

If your user name is your real name, i'd be inclined to change it

[KnellyK]

And here I was thinking that as both of us had heard nothing it was setting a new trend!

I bet I'll get an acknowledgement tomorrow!

[marmite-girl]

Quick up date and bit of advice if possible - As you can see - shAbbey acknowledged my clain on 17/04/07 - I have now got a form from the court saying that they have 28 days from the date of service to file a defence. Can somebody please help me out with my dates!!

 

Feeling a bit dolly dumb. Are the 28 days 'working' days??

 

I file my clain on 03/04/07

It was deemed served on 08/04/07

They acknowledged on 17/04/07

 

Am I right in thinking they have until the 8th May (Bank holidays included in that!! ) to get their defence in.. or do I have to give them longer??

 

Getting all cross and angry at myself, for not grasping the date thing!! Just dont want to go blundering in too soon and shoot myself in the foot, nor do I want to give them any longer than necessary!

 

Hope someone out there can help this damson is distress!!!!

 

Cheers

[charleyfarley]

carol,

 

28 days is 28 days, so according to my diary they need to send you a defence by 6th May.

[marmite-girl]

Thanks for that!

 

Have come this far, don't want to mess it up over a date!!

 

Thanks

[KnellyK]

Yep, I make it 6th May as well but that's a Sunday so they probably will have to get it in by 4th, otherwise it'll be late!

 

Anything to help a damson is distress!!!!

(or did you mean damsel?)

[marmite-girl]

No - I did mean damson! Rather red faced from all the stress of this!!

 

Would the court not argue that they could have longer though as it falls on a sunday.. plus the bank holiday monday - or is it their responsibility to make sure it is in before the deadline?

 

Read elsewhere, that the courts give them extra time.. not sure if that is right or not though!

 

So - if I havent heard anything by 4th.. could I start my judgement?.. or should I wait until 8th?

 

Getting in a tiz now!

 

Cheers

[Michael Browne]

If the due date falls on a weekend or bank holiday they have till the next working day ie Tues 8th

[marmite-girl]

Thats great - thanks very much. Will give it until the 8th and see what happens. I'm sure they will sneak in at the last minute though!

 

Cheers

[KnellyK]

See, no need to get in a tiz, there's always someone here to give sensible, calming advice!

8th May isn't too far off!

[KnellyK]

Hi marmite-girl! (great new name!) Just thought I'd let you know that I had no acknowledgement but I have received a defence! (Posted 2nd class dated 24th) So there's still plenty of time for yours to arrive!

[marmite-girl]

Arrrgh! just checked online.. (my usual 5 a day ritual) to see that since 11am this morning.. Abbey have filed a defence!! Rats!

What happens now.. do they get even more time to drag their heels? Will I get sent something from the court?

 

Had no GOGW from shAbbey... anyone else at this stage?

 

Any calming words much appreciated!

[marmite-girl]

Hello All

Received a letter from Abbey today, signed by Abbey (nice touch!) - the letter was very short, saying 'without prejudice' - enclosing a copy of the defence they have filed with the court.

The defence seems pretty standard, nothing I havent seen on here.. but just wondered what happens next?

Do I need to be preparing anything? or do I just sit tight for a bit?

Any help or words of guidance muchly appreciated.

Thanks

[charleyfarley]

I've not been replying because I can't stand mamite:eek:

 

How the hell can Abbey enclose a defence and mark the letter "without prejudice" which means it can't be produced in court!

 

Next stage AQ if they don't dispense with it. It speeds things up for you if the court misses this stage out and it's less work to do for you:)

 

There's a link in the A-Z index for what to do if no AQ is required.

[marmite-girl]

Hello All

Just a quickie.. and forgive me if this has been answered elsewhere. But I received my defence from shAbbey.. do I now have to wait for an AQ or should that have come at the same time?

couldnt find the link in the a-z index, as mentioned in a post from charleyfarley.. but maybe I'm just being a bit dolly dumb again!

So... can anyone tell me what I should be doing now.. preparing anything.. contacting anyone? waiting for Godot!

 

Thanks to all who have pointed me in the right direction so far. Don#t be put of by my name.. marmite is good for you honest!

[Michael Browne]

Is your court dispensing with the Allocation Questionnaire?

 

MCOL are dispensing with the AQ. You should recieve notification from them of transfer to your local court

[charleyfarley]

http://www.consumeractiongroup.co.uk/forum/general/80091-your-court-dispensing-allocation.html

 

 

PS

 

why did I just put that link up when Michael did it 4 hours ago??

[marmite-girl]

Hello all

Quick update and a few dolly dumb questions!

Got notice of transfer of proceedings to local (wrexham) court. The bit about the AQ has been crossed out, as predicted! it says

 

Without hearing

IT IS ORDERED THAT:

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

Note: Any party affected by this order may under Rule 3.3(5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

so... my questions.

What do I need to be doing now? Do I send the draft order for directions.. along with schedule of charges?

 

Also... and this might seem a REALLY stupid question, so aplogies in advance... when I open up the spreadsheet which I itemised all my charges on.. its different every day.. now, Im not so silly as to realise that this is because the interest is increasing as the days go on.. but what amount do I actually stick at.. do I send the hard copy I have, which states the interest as per my claim. or do I print one off with the interest accumulating daily... does that make sense?? Please help! Dont want to seem like im claiming more than I originally stated!

 

Any help would be good... to calm my dithers and point me again in the right direction!

 

I eagerly await your knowledgeable replies and thank you all for your help so far... I'm hoping that there is a bit of light at the end of the tunnel here.. but dont want to get caught out on detail or not sending the right info or letters.

 

Thanks

[noobrider]

OK first things first, I am in exactly the same stage as yourself, my course of action was to immediately write to the court using the new abuse of powers template asking for the defence to be struck out. This also entails submitting draft directions but the letter needs slightly rewording stating that in view of the fact that the AQ has been dispensed with you respectfully request blah blah blah and so on.

 

as far as the money bit on the spreadsheet is concerned if you are going to quote any figures use the one on the spreadsheet with the interest accrued at the date you state it. You have already informed everyone you intend to claim interest at a daily rate of....whatever so they will know. The final figure can be negotiated with Abbey once you get to that stage, usually on the telephone

[marmite-girl]

Morning

Just sent off my draft directions to my local court... will just wait and see what happens now. When should I hear anything now?

Also - when will I know when I have to pay the allocation fee?

 

Still not heard anything form shAbbey - no gesture of goodwill, no nothing!

 

Thanks to everyone for their help.. I'm hoping it's not much longer now.. fingers crossed and good luck to everyone else!