Is Something Missing??

[Lula]

you dont need to get another, you can have a copy from here, fill it in and print it, there is also something new called an Abuse prder, basically asking the court to strike out the defence as an abuse of process. you may find it very usefull.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

 

 

and

 

 

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

 

ope this helps

[Lula]

i dont think so, there wasnt for me when i did it, i would just fill it in as the correct date, ring the court though and point out their error and ask them to just confirm what the correct date is

[Lula]

p.s. the Abuse of Process stuff is in addition to the AQ and doesnt supercede it, it explains the process in the section

[Lula]

i

and with the abuse order from what i read, this wouldnt so much apply as it was the courts error, both times ...

 

 

LOL Gary, the Abuse of Process order is asking the Judge to strike out Abbeys defence as an abuse of process as they have never entered a court room to defend despite entering defences, it has been done about 3 times that i know of and seems to becoming more prevalent as the Courts loose patience with Abbey and other banks wasting court time

[Lula]

Gary, the worst that can happen is that the judge will ignore it, and i think that it also takes into consideration in the alternative, the new strategy for AQ's

[Lula]

guys, one more quick question, i was gonna go the chat room and ask, but it doesnt seem to load properly...?

 

anyway, about using the 'abuse order' method that was pointed out, i have a quick question on the sample list of settled claims;

 

"Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service, then a Defence, then an allocation questionnaire, then has breached the order for pre-hearing directions, then has finally settled without liability shortly in advance of the hearing or trial. A sample list of these claims, including their claim numbers, is attached (attachment 1B)."

 

Anyway i was wondering about the mention of '100 claims'... as this is abbey specific, the defendant, abbey have 38 claims on that spreadsheet, so i should only filter the abbey results from the spreadsheet and mention '38 claims' and not 100?

 

Hi Gary, no leave them all on, it shows the judge that it is not just Abbey doing it, but it is rife across the board - sorry I havnt replied earlier - a girl has to do some housework sometimes

[Lula]

Hi Gary, if they are not numbered (have you downloaded them and checked?) then number them, leave the date bit on the order blank, the judge will decide

 

- still not finished the housework!! LOL

[Lula]

no, Gary, it just means that if they want to object to the strike out, they have to file by a certain date, that date being decided by a judge, but, the judge may not give them the option, so leave it as it is

[Lula]

so, if you have marked them then thats fine, although I would make sure that the one for the bank has your name and claim number and address on it

[Lula]

Right gary, Witness for yourself is "nil", and as to the differing amounts, if you are sure that yours are correct, use them. Dont worry about what theyt put on their AQ, its a load of bologny anyway )

 

Oh yes and with the settlement, you put no, it will just delay matters and should concentrate their little minds

 

Hope this helps

[Lula]

Gary, I dont think it matters one iota, you are only giving them a copy as a curtesy, as long as the court one is correct, its ok

[Lula]

cleaning the garage out today, you always catch me when i am cleaning or tidying LOL

[Lula]

Gary, I hate cleaning LOL and its a pleasure