Steve vs Abbey ***WON POST OFT***

[Lula]

Hi, If the bank ask for a stay then he court can decide for or against it, if the court say that it has been stayed, then it is on hold for the time being, the bank will write to you and make it seem as though because they have asked for it, then thats it, but you need to carry on with your claim and comply with any court orders until the court tell you different,

 

Hope this helps

[Rooster-UK]

As Lula says, Only the court can stay a claim.

Until you receive a letter from the court, telling you, then just carry on with your claim.

 

Regards, Rooster.

[ICY]

Hopefully not but there is a chance they may do so, which court is the case at?

[Steve E]

The case is at Wandsworth County Court. Any other cases there? Is it usual for Abbey not to reply to claims?

[ICY]

It is rather odd that they didnt file the standard defence, havent heard from anyone else how they are treating cases at wandsworth, may be worth giving them a quick bell to ee if they are staying claims or continuing as normal.

[Steve E]

Abbey didn't respond to my claim, so judgement was entered last week. The Abbey phone line says any court cliams will be responded to with a request for the court to stay the claim pending the test case.

 

Is there anyway for me to counter this by writing to the court and suggesting that the stay shouldn't be granted as a defence was never entered???

 

[Leecabs]

They cant enter a stay as they didnt answer your claim, you should ask the judge to rule against them.

 

Did they not enter a defence within the 28 days? or Acknowledge within 14 days?

 

If not then the judge needs to rule in your favour, ignore Abbeys spill.

 

I gather you receievd a Notice of Issue from the court? From the date of Issue Abbey has 28 Days.

 

If they have not, fill out the request for Judgement and send it special delivery or even better go down there yourself.

 

Hope that helps

 

Leecabs:)

[Lula]

they can however ask for a set aside, which, mre often than not is granted, sorry to be a misery

[Leecabs]

Set aside is that more time or a stay:confused:

[218bhp]

I filed my claim around 2 weeks ago and today Abbey have written to me saying they will ask for a stay.

 

Very interested to hear other people's experience on this.

[Lula]

Set aside is that more time or a stay:confused:

 

A set aside is when they ask for the DJ to set the ruling aside, usually because they say they didnt receive any paperwork!!!

 

The worst thing is that it is usually granted and then the beggers will go for a stay. When they apply for the set aside you need to object and say that this is an Abuse of Process as they have never set food in a court room and have no intention of doing so.

[Leecabs]

Steve I would listen to Lula she know what shes talking about!

[Steve E]

Ok. So I wait for Abbey to respond and ask for the case to be set aside, then ask the judge not to allow it due to Abuse of Process as they have never set foot in a court or have any intention of doing so.

 

Is there a letter in the templates area asking the judge not to allow the stay due to the Abuse of Process?

[Steve E]

Abbey, having not responded previously to my claim, having judgement entered against them, are about to ask the court to set my claim aside pending the test case.

 

Does anyone know of a template letter I could use asking the DJ to disallow their request, and to enforce judgement, due to Abuse of Process (they never even enetered a defence, or even acknowledged my claim).

 

Perhaps I could quote relevant cases of claims previously settled out of court by Abbey, or cases where the set aside was disallowed due to Abuse of Process.

 

Any ideas?

[GuidoT]

http://www.consumeractiongroup.co.uk/forum/general/108430-stays-info-guidance.html

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

List of settle cases here:

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

[Steve E]

Thanks. Judgement has been entered on my claim. Will Abbey ask for it to be set aside or will they ask for a 'stay'.

 

What's the difference?

[GuidoT]

A set aside has the effect of nullifying something.

 

A stay is a deferment.

 

I cannot predict what Abbey will do, other than to say they will do something to avoid paying.

[juicyd]

Steve, if judgment has been entered against Abbey, I would be very surprised if they did anything except pay you.

 

They would have to apply asap after getting the judgment, showing an intention to defend the claim. They will have to pay to do this (at least £35).

 

What does their letter say exactly? it may be that they want to ask for a stay, not realising that judgment has already been entered? Hope so!

[Lula]

If anything, they will ask for a set aside and then ask for a stay, carry on with the advice that Guido gave you and dont give up lol

[Steve E]

Judgement on my claim was entered on 10th August after Abbey failed to enter a defence (or respond at all) to my claim. Their phone line states they will ask for all claims to be 'put on hold' - do they mean 'stayed' ? - pending the test case. However, as yet they have not responded to the judgement.

 

Friendly words on this site advised me to object to their application to set the judgement aside (before they do) stating Abbey's Abuse of Process.

 

I called the court this morning. The person answering the phone advised me to enter a Warrant of Execution.

 

Which is the best thing to do ?

[patrickq1]

look for threads of hedgey and tt8 and andrew1 post them a pm and you should get all the help you need good luck

[KnellyK]

Judgement on my claim was entered on 10th August after Abbey failed to enter a defence (or respond at all) to my claim. Their phone line states they will ask for all claims to be 'put on hold' - do they mean 'stayed' ? - pending the test case. However, as yet they have not responded to the judgement.

 

Friendly words on this site advised me to object to their application to set the judgement aside (before they do) stating Abbey's Abuse of Process.

 

I called the court this morning. The person answering the phone advised me to enter a Warrant of Execution.

 

Which is the best thing to do ?

 

If you have a notice of judgement (N30 Judgement for Claimand (In Default))from the court and the date stated for payment has passed then you can apply to the court for a warrant of execution.

 

Hope this helps!

[Steve E]

the court told me I could apply for a warrant of execution as soon as judgement was entered. Did the clerk have it right?

[FightBack]

It depends what box you ticked on the judgement form - if you asked for payment to be made forthwith, thats what Shabbey have to do - pay up now! However, bear in mind that a warrant will cost extra to issue, & if you're too fast to issue it, they may have paid up before the warrant is issued & the bailiffs get the paperwork & get round there. I'm in the same posistion as you - Abbey never replied to my claim either. Judgement for me was entered on the 13th & I'm still waiting, I'll probably be popping to court tomorrow, I think 9 days is reasonable. I'll be asking for them to visit my local branch so I can get down there & record it for posterity he he.

[Steve E]

did you have to send the bailiffs in before? Can we send them to our local branch rather than head office? Do you think Abbey will apply to have the warrant suspended?

 

On their phone line Abbey say they will apply for all claims to be put on hold pending the test case. Are you expecting them to pay up or appeal against the judgement?