MissPhonic v Abbey

[MissPhonic 2]

Thanks for the email addys Lula, and thanks for your testification srfrench - I have a horrible feeling testification isn't even a word -well it is now!

 

Anyhoo, I digress!

 

Right, I emailed Inga and Ronan on 12/11/07:

 

I am writing this email in regards to my claim against Abbey.

 

I have received correspondence from Abbey stating that they will be asking for a stay on the case pending the outcome of the OFT test case.

 

Since this letter, I have received and filed my allocation questionnaire. I have been informed that this is now with the judge and will be hearing from the courts soon.

 

I have requested in my AQ that any claim for a stay be refused on the grounds of hardship.

I have provided the courts with an income and expenditure breakdown and explained my case.

 

After doing some research I believe that our case is strong enough for any claim for a stay to be refused.

 

We are fully prepared to see this claim right through to the end but believe the quickest and easiest option for all involved would be to settle out of court.

 

We would then of course drop any claim against Abbey and consider the case over.

 

I would be grateful if you could look into our case and contact me back at your earliest convenience.

 

 

I got an out of office reply from Inga and nowt from Ronan.

 

In the meantime I got a General Form of Judgment or Order from the court, basically, the judge in his infinate wisdom has taken it upon himself to stay the claim without a hearing, pending judgment being delivered on the OFT case commencing 14th January 2007. I have 7 days to apply for it to be set aside, varied or stayed.

 

Well, gutted wasn't the word! We desperatley need this money - it's our bloody money!

 

Anyhoo, Just received an email from Ronan:

 

"without prejudice"

Dear MissPhonic,

The contents of your email are noted.

I can confirm that Abbey have not yet been served with a copy of your allocation questionnaire or any documents relating to hardship.

If you wish to discuss the matter further then please call me on 020 775 64398.

Additionally and/or alternatively, please provide me with any documentation which you claim puts forward your hardship for our consideration.

Kind regards

Ronan

 

 

I neeeeeed help!! I need to know the right thing to say or do now to get him on side - or am I too late now the judge has stayed the case?

 

Please please help, this email and Simons success have given me a light at the end of the tunnel, I just need a guiding hand to see me there!

 

Vicki

[Lula 2,498]

Right, Abbey at the moment are listening to people with hardship cases. Soo, you need to write an email detailing the hardship, include all the benefits that you are on and re iterate the fact that you would like to settle this without recourse to the courts, read the link that I gave you on the 12th re hardship and before you send it, post it on here and We can go over it.

[MissPhonic 2]

Hi Lula,

 

Thank you so much again for your swift reply!

 

I presume you mean the thread " Application for Removal of a Stay on the Grounds of Hardship."

I am reading and rereading it now to get it all clear, then I will get to work on my email, and post it on here when it's ready.

 

Thanks again!

 

Vicki

 

[Lula 2,498]

excellent!!, keep us informed did you see Simons thread, they settled with him the other day

[MissPhonic 2]

I did, it really has made me feel like there is some hope!

 

Vicki