Abbey abuse orders - keeping the pressure on.

[Lula]

If my claim is for >£10k then it is most probably going to fast track I presume. Does this mean they will ask for disclosure anyway and that I don't have to ask for it in the directions Gary has posted???? Any ideas.

Aoife

 

 

Hi, i would use it anyway, disclosure should be automatic but it wont hurt to re iterate the point

[GaryH]

Hi, i would use it anyway, disclosure should be automatic but it wont hurt to re iterate the point

Indeed.

 

Plus, if ordered you'd benefit from the far stricter deadlines of the draft as opposed to a standard disclosure order.

[GaryH]

just noticed something here:

 

Abbey were not the defendants, Lloyds were. Or am I missing something?

No your absolutely right - thanks. It was originally posted in LTSB so I must have missed that when I 'translated' it - I'll change it now.

HI GaryH,

i sent in the 17th of May i called the courts today and asked the clerk what the situation was, she said Abbey has filed their AQ as well and the Judge was reviewing the AQ.

Should i start getting worried or go through the court bundle again?

Nerves of steel just went out the window, now known as chillercakes.

No need to panic - just wait for directions from the court.

Hi Heyho, exactly the same stage as you, received a notice of transfer of proceedings.

 

Confused what to do now, the line in the letter from the courts says

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

 

I called the court today and was told beacuse of the ammount of people claiming back charges, and the fact that none of them ever go to court, the courts are swamped and I wont need to fill in an AQ?

 

this doesnt sound right??

 

Could somebody please clarify what I do, because the courts havent sent me an AQ, do i just d/l the AQ from this site and send to the court

Standard practice now for claims filed on MCOL. Send in the Case management representations from page 2 if you like. Also, if your claim is over £1500 you may still have to pay a fee - ring the court to check.

[killercakes]

Hi Gary,

How dose C-M discovery effect any one that has allready used the Template and sent off the AQ?

[adamc6671]

Hi Gary

 

Same for me I'm afraid - filed my AQ last Monday using your template without realising that in fact Lloyds were the defendant & not Abbey.

 

Any advice on what to do about that would be greatly appreciated.

 

Many thanks - Adam

[GaryH]

Nothing to worry about - its no big deal. Mariejader was successful in her request with it like that.

 

I've changed it now.

[heyho]

Hi Gary,

 

Thanks for the support and advice. This site is really amazing and without it I think I would have given in before now.

 

As suggested, I have been down to my local court with the Draft Order for Directions, along with the covering letter and attachements (post1). The court office mentioned that the judge is only looking for 10 minute hearings if it gets to that stage) and also that there will be no AQ or further fee to pay. I got the distinct impression that the court is totally cheesed off with the time wasting of the banks.

 

I have also sent a copy of everything mentioned above to Abbey - though I doubt if they will respond. It sounds as though they are still happy to play a waiting game

 

Anyway, thanks again

[Nodolislcy8]

Hi All,

 

New to this, I have been helping my husband with his claim against the Abbey. I am taking on my own bank (the Halifax) but the Abbey's intimidatory tactics and corporate bullying put Halifax in the shade! We have filed a court claim and the Abbey have issued a defence.

What I really need is help with is this: The Abbey wrote and offered a partial settlement informing my husband he had 10 days to reply stating whether he intended to accept or decline. Within 2 days the money was deposited into his account over £300 less than the orignal amount offered. We have asked for the money to be retracted until we go to court and judgement is finally made. Abbey have refused outright to take the money out saying that they cannot withdraw money from an account once it has gone in! Can anyone tell me whether this partial payment which remains in his account will affect the outcome of the court hearing?

[mariejader]

you need to write to Abbey and reject the offer

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Do you have any idea of what charges they are refunding you? as you will need to reduce your claim buy that amount, I am sure someone will be along to tell you the best way to do this

[clarion48]

Hi Gary H - this may be a new situation, not sure. My case was transferred from Northampton to Epsom....initially was told no AQ but then Epsom asked for one. I filed my on the 17th May using the details on your post #1 this thread. Up until Friday 25th Abbey had not filed theirs at all ...I was also told by Epsom court that my case was being transferred again.....this time to Guilford. I finally received notification of that yesterday and tried to contact Guilford court.....the phones were on a loop system from switchboard saying all their staff were busy - gave up in the end.

 

Phoned them today and was told that there was about to be a 'bulk hearing' of bank charge cases.....also, Abbey had now filed their AQ - ten days late. I was given a direct dial number of the guy dealing with my particular case and asked to call back, which I did this afternoon. He told me that my case had been transferred this third time as a District Judge had been appointed to deal with all/only bank charge cases. There is going to be a 'bulk hearing' on Thursday 14th June where 100 cases will be dealt with at the same hearing - unfortunatey, mine is not one of them as the papers were transferred from Epsom too late. He confirmed that Abbey had now filed an AQ - I told him I had not been sent a copy and he agreed to send me one but was a bit puzzled as to why I wanted it. He said court directions would be sent to me soon - I guess this will be a hearing date as they have made no response to the directions I sent in.

 

Is there anything else I could be doing now? What do you make of this 'bulk hearing' thing - have you heard of this tactic before?

 

Sorry for the long post.

 

Clarion

[GaryH]

All courts bulk list claims now. Its just a way to minimise disruption, thats all. They stick them all in at the same time on the same day knowing that nearly if not all of them will be settled before the hearing.

 

Nothing to worry about, just wait to hear back from the court with directions, etc.

[clarion48]

Thanks Gary. Hopefully it won't be too long now.

 

Clarion

[Nodolislcy8]

Hi Mariejader,

 

We did write to Abeey rejecting the offer and they have totally ignored the letter and our request and told us that money put into our account cannot be withdrawn. Should I now contact the court and say that part payment has been made? We are still asking the bank to withdraw the money.

[rob-the-viking]

GaryH

 

Apologies for the thread hijack, but I'm in the process of claiming against HSBC. The deadline for AQ's was 5 weeks ago and the defence have still not filed. The Judge seems to be taking his/her merry time in gettting to my case despite my weekly phone calls I've still not heard anything from the courts. With this in mind I've drafted a letter to the courts requesting that my case be struck out on the grounds of abuse of process by the defendant. If you could spare a couple of minuted to look over it and tell me what you think I'd be most grateful.

 

Dear Sir/Madam

 

I write to bring to your attention to the fact that the above mentioned claim has been waiting for action on the part the defendant for quite some time now.

 

Over 5 weeks have now elapsed since the deadline for submission of Allocation Questionnaires, and as of xx/xx/xx the defendant has yet to file theirs. In my opinion I believe this to be totally unacceptable, with the defendant showing a severe disregard for the clear instructions set out by the Court. Therefore, I respectfully request that the above claim be struck out on the grounds of abuse of process by the defendant.

 

In my attempts to resolve this matter without further misuse of the Courts time, I sent the defendant a letter reminding them of the aforementioned deadline dated xx/xx/xx. Please find a copy of this letter attached, also attached is proof of both postage and receipt, via the Royal Mail’s recorded delivery service.

 

Furthermore to this I have also sent the defendant 3 separate letters, dated xx/xx/xx, xx/xx/xx and xx/xx/xx in my attempts to resolve this claim. Copies of these letters along with proof of postage and receipt can be supplied if required. Each time I have had no response from the defendant, not even to acknowledge receipt of my letters.

 

Should you need to contact me about any matter that may arise in this case, please do not hesitate to do so using either the above address or phone number.

 

 

I look forward to hearing from you.

 

Yours Faithfully

 

 

Any thoughts/opinions/criticism welcome.

 

ta

 

r-t-v

[srfrench]

That's fine as it is Rob

 

Send it Monday to the Courts with those other letters as attachments.

[rob-the-viking]

Many thanks srfrench. It'll be in the post first thing tomorrow.

 

r-t-v

[GuidoT]

The abuse order seemed to work for me:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/58470-guidot-abbey-abuse-strike-2.html

[killercakes]

sorry for taking this line to contact someone, i am in a panic, could you help please?

[killercakes]

When you sent your AQ did you also send the docments within 14 days for the draft order for directions?

[GuidoT]

You only send the documents if the the judge actually issues the order.

[MJack]

Hey...

 

I have sent 1 AQ to the courts and Abbey have now sent one back stating a stay of one month....when do I send a 2nd allocation questionnaire? Do I have to request one or is one sent to me by the courts?

Also Abbey are stating that they intend to claim back 2k in costs....is this right even though its in the small claims court..

 

cheers

[Robdblynd]

You only send your own Aq to the court. Abbey have sent you a copy of theirs, it's usual for them to ask for a stay. Just put it in your file of papers and don't worry, it's only a courtesy by the bank.

 

As for claiming costs, they should know that it's not possible to claim costs in a small claims case but they put that in to try and intimidate you into backing off. If your case stays small claims they won't get costs at all, even if they win, which they have about as much chance as a snowball in a fire of doing.

 

Don't worry, just usual Abbey tactics.

[killercakes]

i have an perliminary hearing date for the 1st week in september, can i get this brought forward.

[MJack]

cheers rob..but have i missed out on the chance of sending in the abuse of powers letters? or can I send them in still?

[GuidoT]

i have an perliminary hearing date for the 1st week in september, can i get this brought forward.

 

No.