Schoolboy Error

[Metalhead1975]

I've done something really, really stupid. I don't think I'll be getting my charges back, and it's my own stupid fault.

 

I sent all my original documentation, including statements to Abbey, without remembering to take copies for myself. Now the court has ordered me to produce a list of the charges I'm claiming, and I simply can't.

 

I've written twice to Abbey asking them to return copies of all the documentation they hold, but so far they have not done so, and the court wants the info before 15th May. To make matters worse, I'm out of the country from 10th - 18th May

 

I copied the court in to my last letter to Abbey, but all I got back was a confirmation that I need the info by the 15th or my claim will be thrown out. So it looks like, through my own stupidity, I won't be getting my charges back.

 

Let this be a lesson to everyone - KEEP COPIES OF EVERYTHING. I know it's obvious, and I know it was a schoolboy error, but please, please take the lesson away with you and let my screw up count for something, even if it is only a warning to others not to be as dumb as me.

[chrisking1962]

let the courts know of your error and ask for advice. as for Abbey, well now you've informed them the courts will throw it out if you don't send proof of your claim, then I think i would'nt return them either. Just an error likr you said, but like I said try to explain the problem to the courts and see if they will delay the date for a few weeks until you get sorted.

Regards

Chris

[Metalhead1975]

as for Abbey, well now you've informed them the courts will throw it out if you don't send proof of your claim, then I think i would'nt return them either.

 

Thing is, I haven't told Abbey that. But they're not silly, I guess they've worked it out by now.

 

Thank you for the advice, I'll make sure I get a letter off to the courts first thing Tuesday

[chrisking1962]

sorry for that i miss read the first part thinking you were informing the Abbey and not the courts.

Good luck anyway

regards

chris

[chrisking1962]

ps Have a nice holiday

[Metalhead1975]

ps Have a nice holiday

 

I did... and by way of a quick update, it was just as nice to come home and find a letter from the court ordering Abbey to return my statements by 1st June, or provide replacements free of charge, then allowing me a further 14 days from that day to submit my list of charges to the court.

 

Happy days!

[KnellyK]

find a letter from the court ordering Abbey to return my statements by 1st June, or provide replacements free of charge, then allowing me a further 14 days from that day to submit my list of charges to the court.

 

Happy days!

 

Happy Days indeed!

Is it a court order for return of statements or just a letter?

[Metalhead1975]

Happy Days indeed!

Is it a court order for return of statements or just a letter?

 

Well, here's what the letter says in chapter and verse...

 

UPON READING a letter, dated 8th May 2007, from the Claimant (copy attached for the Defendant only):

 

THE COURT DIRECTS of its own initiative that:

 

(1) By 4:00pm on 1st June 2007, the Defendant, by way of disclosure, return to the Claimant the bank statements which he provided or, if they are no longer in the Defendant's custody or control, provide him with duplicates free of charge;

 

(2) The time available to the Claimant in which to comply with the order of 20th April 2007 to be extended until 14 days after the Defendant's compliance with paragraph one of this order

 

(3) This Court Order has been made of the courts own initiative. If you object to it you must make an application to have it varied, stayed or set aside within 14 days of receiving it.

 

Dated 10 May 2007

 

So yeah, its a court order.

 

But now I'm wondering what happens if Abbey don't comply with the court order? I guess I get back to the court and tell them so, but what's the likely outcome of that? Abbey have to pay up? They get told off by the court for not complying and get another few days to give my documents back?

 

Anyone? Bueller?

[KnellyK]

So yeah, its a court order.

 

But now I'm wondering what happens if Abbey don't comply with the court order? I guess I get back to the court and tell them so, but what's the likely outcome of that? Abbey have to pay up? They get told off by the court for not complying and get another few days to give my documents back?

 

Good question! I was wondering if you could win by default? I can't answer this question but maybe someone else can!

 

If you don't get an answer maybe you should pm someone like Michael Browne or Gary-H.

[Guest Big Lash]

But now I'm wondering what happens if Abbey don't comply with the court order? I guess I get back to the court and tell them so, but what's the likely outcome of that? Abbey have to pay up? They get told off by the court for not complying and get another few days to give my documents back?

 

I don't believe this will mean you get a refund of your charges by default, as it is a different matter and does not make part of the courts directions.

 

If they fail to respond, then you go back to the court and seek their judgement, and then take it from there.

[Metalhead1975]

I don't believe this will mean you get a refund of your charges by default, as it is a different matter and does not make part of the courts directions.

 

If they fail to respond, then you go back to the court and seek their judgement, and then take it from there.

 

I had a feeling that might be the case - guess I'll just have to suck it and see

 

Thanks for your help and input, everyone

[Metalhead1975]

Just an update - foxtrot alpha from shAbbey so far. Looks like we might be finding out what the Court orders in cases like these after all!

 

In fact, this also seems like the perfect opportunity to bring the Abuse Order thing in to play...

[Blitzspear]

Might it be the case that Abbey haven't actually gotten all of your correspondence documents together (ie charges lists etc), as they have no intention of going to court and defending the case?

Quite often in these cases, the banks do not sent case summaries or bundles in and do not even turn up at court.

Makes you wonder what they actually do with our correspondence eh?

[Metalhead1975]

Potentially, I suppose it could be. We all know that banks (and Abbey in particular) have no intention of defending things in court, and are notorious for dragging their heels over this sort of thing, hoping people will just give up and go away. Which really amounts to them extracting the urine out of the courts system. Like I said before, I think it's the ideal time to play the Abuse Order card

 

As for what they do with our correspondence, my guess is that there is a huge pile of paper aeroplanes all around the outside of Abbey's head office building

[Blitzspear]

I woulden't put anything past Shabbey ...lol.

Quick question, do you have a current account contract, or terms and conditions?, as my mum was never sent one, they just upgraded her from a savings type account.

[Metalhead1975]

Quick question, do you have a current account contract, or terms and conditions?, as my mum was never sent one, they just upgraded her from a savings type account.

 

Sadly, I don't - I've had my account with them for years, and I don't have a clue where any of my original documentation is!

 

Another quick update while I'm at it - nothing from Abbey in today's post. I know they have until 4pm today to return my documents to me, but forgive me if I don't hold my breath.

 

My letter to the court telling them that Abbey haven't responded, and requesting a defence strikeout on the strength of that - as well as all the other useful info, examples and documentation in the strikeout thread - will be in the post at 4:00.01 today!

[Metalhead1975]

Well, looks like Abbey have one last chance to do the necessary...

 

Got the following from the court this morning: -

 

UPON READING a letter, dated 2nd June 2007, from the Claimant (copy attached for the Defendant);

 

AND FURTHER to directions given on 20th April 2007 and 10th May 2007:

 

THE COURT DIRECTS of its own initiative that:

 

(1) UNLESS the Defendant complies by 4:00pm on 29th June 2007 with paragraphone of the order of 10th May 2007 (copy attached), its defence stand struck out and the Claimant be entitled to enter Judgement against the Defendant for the claim and costs;

 

(2) This Court Order has been made of the courts own initiative. If you object to it you must make an application to have it varied, stayed or set aside within 14 days of receiving it.

 

Dated 06 June 2007

 

So, can't really complain about that. I'd almost bet my left one that Abbey doing nothing once more and I get a strikeout win!

[livelylad]

Please keep us informed.

[livelylad]

Which court please.

[Metalhead1975]

Which court please.

 

Horsham County Court

[livelylad]

Thank you.

[clarion48]

Good luck Metalhead - lets keep everything crossed!!!!!!

[Metalhead1975]

Another update...

 

Abbey got their fingers out and have sent me a new copy of my statements etc.

 

So, I've sent the list of charges the Court wanted today, and I guess we'll see where it goes from here - my guess would be a court date, which will then be followed by Abbey settling right before the date.

[Metalhead1975]

Well, there we have it... a letter from the court telling me the court date is set for 31st July 2007 at 10:00.

 

I expect I'll hear from Abbey wanting to settle at 09:59:59.99

[Metalhead1975]

And there we have it.

 

Letter from Abbey today settling the claim in full

 

Thank you all for your help and advice througout, you've been great