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Stuck with Abbey court claim - should win by default tomorrow


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Hello. I wonder if somebody could give me some advice please.

 

I helped my partner file a claim for his charges (£1963). We are at the point where the the court claim we submitted is 28 days old today (therefore I assume I can tick the 'win by default' box tomorrow morning if he still doesn't hear anything from the bank which he hasn't - apart from the 14 days acknowledgment from them).

 

But to throw a spanner in the works, we have just had a statement for his bank account (which we closed 2 months ago and we sent back his bank cards (as they requested)) stating £715 was put into the account a few weeks back (AFTER we sent the cards back and completely stopped using the account). The £715 was offered as a settlement to him a couple of months back by letter but it crossed with a letter of ours warning them we were taking them to court so we never actually (stupidly!) at any point wrote saying we didnt want the money and they have automatically put it in. We haven't touched this money (because we sent bank cards back and as far as we knew the account was dead). He did call them a couple of days ago saying the account was closed as far as he knew and the statement was the first he knew there was £715 in there and they said they would get someone urgently to ring him the next day but he has not heard back.

 

So anyway, to end, if I tick the 'win by default' box tomorrow morning as planned, how does the £715 Abbey put into my partners account affect this?

 

Thanks so much for any help or advice! :p

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JLMarsh

 

The £715 is a partial settlement. Take it off what you are claiming.

 

Brace yourself for them filing last minute. Be ready (mentally) for it. Fists up still, not there yet. (Sorry! - Really hope I am wrong....)

 

Also be ready to push on. AQ is next - bone up on this stage, the draft orders, small claims allocation, fees, etc.

 

If you do get Judgment by default, consider asking for additonal costs on the grounds of unreasonable behaviour. Some good threads on the site.

 

Fingers crossed, but guard up.

 

Good luck.

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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Thanks Todge, much appreciated! Fingers crossed they won't file but I guess leaving it till last minute is a bit of spite from their side.

 

Sorry - could you just explain to me what AQ means please? Many thanks

 

Jo

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AQ = Allocation Questionnaire.

It's issued by the Court to both sides to work out what the issue is, and is solely for the purpose of Allocating Court time for the case.

 

Do a search on the site, and do a bit of boning up!!

"Weasel (n): any person or group that operates in that vast grey area between good ethical behaviour and the sort of activities that might send you to jail".

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