Abbey abuse orders - keeping the pressure on.

[Robdblynd]

As I understand it, you can send a LETTER to the court and incorporate the abuse of process and draft order stuff as just a suggestion that the judge might like to consider. You can't send them as draft orders cos it looks like you're applying on the cheap.

[PI Guy]

i really want to do this but i received a Notice of transfer of proceedings and on the order it says" the filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise."

 

Is there another way of doing it? Can i do it without the AQ

[GuidoT]

Yes can can send the draft order (do not worry about applying on the cheap):

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

[PI Guy]

Yes can can send the draft order (do not worry about applying on the cheap):

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

 

Do i just send the example, with my bits put in but where do i get the info on other past cases?

[GuidoT]

Past cases here:

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

[joesmum617]

Hi, wonder if anyone can help please. I've receioved a letter from the court 'notice of transfer of proceedings from Northampton court to Redditch.It gives me the case no. and court code but no date and says - it is ordered that the filling of an allocation questionaire be dispensed with in this case unless the District Judge of the court transfer orders otherwise' As the Abbey are defending the claim, I thought I needed to fill a questiionaire in. Has anyone else had this?

[PI Guy]

apparently its very common now.

[Robdblynd]

Almost every court is doing away with the AQ in an attempt to reduce the time it takes to get a case concluded. Just wait until the court contact you, your local court may decide it wants an AQ filing, but if they don't, you'll go straight to allocated to track and a court date very quickly. If you haven't heard from your local court in about 2 weeks, give them a ring and see what's happening.?

[Fox Mulder]

I've already filed my AQ just over a week ago, including a Draft Order for Directions.

 

Is there any way I can add in the request to strike out after filing the AQ? Especially if DG hasn't filed the AQ themselves yet (which last time I checked, they hadn't but I will need to check again Monday).

 

Oh, and it's FD I'm taking to court, not Abbey - but I am assuming this request is good to try with ALL banks?

 

Thanks for advice in advance!

[CheZZyBaby]

I would like to say that I have had my claim struck off, the judge states the following:

'The claim be struck out as not disclosing reasonable ground to make the claim. No basis shown to recover the charges.

 

It also states that 'The order above has been made without a hearing under the court's case management powers contained in civil procedure Rule. Park 3.3 (5) (b)

 

It also says that within 7 days of service of this order I may be able to apply to the court to set aside or to vary the order under part 23 Rule ho. I must file with the court and serve on the other party/parites an application that sets out your reasons for objection.

 

Is this my statement of evidence that I need to do. I remeber that I completed my claim form on line.

 

Please help or put me in the right direction

[Lula]

Chezzybaby

 

Can you post a link to your thread and then we can take a look at it

[Fox Mulder]

I'm amending the request for strike out because it's not Abbey I'm up against, but First Direct. I've changed this:

 

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).

 

to this:

Since March 2006, the Claimant is aware of a great many 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 shortly in advance of the hearing. A sample list of these claims, including their claim numbers, is attached (attachment 1B).

 

I've used March 2006 because that's the earliest date for a claim settled as listed on CAG using the claims locator found here: http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82 to search for settled FD claims. Am I correct in amending it in this way? HSBC settled claims earlier than that date, but that's the earliest one for First Direct in the list of settled claims, so I thought it best to use that one...?

 

Furthermore, because the solicitors DG act for HSBC Group, and state that in writing, along with the fact that First Direct is a subdivision of HSBC, I'm thinking I should be able to include settled HSBC claims as evidence alongside the First Direct ones.

 

Would this be okay?

 

Any and all help would be appreciated. Thank you!

 

 

 

 

 

[CheZZyBaby]

Hi Lula

 

At bit new to me could you explain how do i post a link to my thread

[Lula]

its ok, i found it in the Abbey section, post all queries in there so that we get the bigger picture, i have answered in there too

[GuidoT]

Read this:

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/13182-how-make-posts-please.html

To post a link just cut and paste. I see you have 2 threads here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/104472-struck-out-judge.html

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/97943-small-claims-court.html

[unlawfulbankers]

Hi all,

 

Have received general form of judgement order showing that my case has been moved from Basildon to Southend and that the Allocation and Case Management Conference will take place on 25th July at 2pm to be heard by District Judge Dudley and that I should attend

 

It doesn't say that I need to bring any documentation with me. On previously correspondence from Basildon cc they copied Northampton cc letter advising that the AQ be dispensed with in this case unless the District Judge at the court of transfer order otherwise. I have not received any further correspondence re an AQ so assume it is not required nor a fee is payable?

 

Are any of you in the position? I got confused earlier and was looking at a Barclays thread, and a large number of their cases have been transferred to Southend to be heard on 17th July. Will they be treated the same as those against Abbey?

 

Not sure what my next step should be; write to Abbey to try and reach settlement out of court? Send a N149 form as above (not sure if applicable to me)? Send a Part 12 letter as seen in a different thread(again not sure if applicable to me)? Or just wait for the Case Management Date?

 

HELP!!!!

[TJ.Daws]

Hi all

 

Have posted this question on the Re: Claims transferred to Southend thread but thought I'd try hear as well.

 

I have a Allocation and case management conference tomorrow at 2pm. Can I use the Case management Representation earlier in this thread tomorrow. It seems ideal documentation to attempt to get their Defence thrown out and reach some sort of settlement without actually going to court (which they probably won't actually do!)

 

Also if they do offer a settlement prior to going into the actual hearing what is the process then?

 

And just how many Vodkas can I have to settle my nerves and still be coherent??? Only joking....but tempting!

 

Thanks

 

TJ:?

[Lula]

And just how many Vodkas can I have to settle my nerves and still be coherent??? Only joking....but tempting!

 

Thanks

 

TJ:?

 

3 possibly 4

[cherryblossom10]

Hi, I have received abbeys defence and heard from staines county court that my cae has now been transferred to Guildford. Havn't received an AQ yet but if i do i will def be requesting abuse strikeout. Lula says that Guildford are sympathetic so fingers crossed. What do i do if they don't send an AQ. Just send a letter? Also do you think its worth sending Abbey a letter requesting 90% settlement (which i wud be happy with) and let them know that if they are not willing to do thi i will be requesting abuse strikeout? Any help please?

[ukcrow]

Hi cherry, from my experiences with the way guildford court works and the direction their moving in, i would'nt be surprised if you recieve the "new directions" very soon! I would not blink first and offer to take less than is due. In my eyes this would show weakness to the defence giving them more reason to drag it out longer. Its up to you but after you've just been transfered to the one court in the country that is setting the claimants up for an advantage from the outset (providing your POC is good). I would wait for them to blink first.

[Sk1ntBint]

Hello this looks fairly interesting can it be modified to be used in my claim? Unfortunately I have already gone past the AQ stage and have paid for allocation to fast track...

 

I got a letter from the Court saying:

 

IT IS ORDERED THAT:

1) Claim stayed until further order

2) Permission for either part to apply to lift the stay specifying why the claim should not await test case decision

3) The parties are to notify the court no later than 07 March 2008 in writing whether the claim has settled or is withdrawn or a hearing is required for directions for trial.

4) The file will be reviewed by a district judge as soon as possible after 07 March 2008.

 

Also a similar letter from Abbey saying "pending the test case we are asking the county courts to stay all claims".