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    • best to be sure it is a N279. not that they pull any underhand stunts of course   but we have seen it. your bal is now £0 but we'll still attend court as you'll probably not as we've said we've closed the account and we'll get a judgement by default. dx  
    • Sorry, last bit They had ticked that they wanted the application dealt with without a hearing, so is there any relevance that a date and time to attend said hearing has been sent out ?
    • I've not seen it personally but I think that's the letter Dad has had from Overdales. I'll see it tomorrow. It states balance: zero
    • Agreed as you clearly have little faith in your star runners, mind you - I have less - conditional on the welcher clause I defined being part, and that we are talking about the three defined candidates: Tice Farage and Anderson - not anyone anywhere as reform might (outside chance) get someone decent to run somewhere. If any of the three dont run - they count as a loss.   welcher clause. "If either of us loses and doesn't pay - we agree the site admin will change the welchers avatar permanently to a cows ass - specific cows ass avatar chosen by the winner - with veto by site on any too offensive - requiring another to be chosen  (or of course, DP likely allows you can delete your account and all your worthless posts to cheapskate chicken out and we'll just laugh) "
    • This is the full details, note they have made an error (1) in that paragraph 5 stated 14 days before hearing not 7. Surely a company of their size would proof read and shouldn't make basic errors like that 1) The Claimant respectfully applies for an extension of time to comply with paragraph 5 of the Order of Deputy District Judge XXX dated XX March 2024 i.e. the evidence upon which the parties intend to rely shall be filed and served not later than 7-days before the hearing. 2) The Claimant seeks a short extension of time allow them to further and properly investigate data provided to them by Royal Mail which is of importance to the proceedings and determination of the Claim. 3) The Claimant and Royal Mail have an information sharing agreement. Under the agreement, Royal Mail has provided data to the Claimant in respect of the matters forming the basis of these proceedings. The Claimant requires more time to consider this data and reconcile it against their own records. The Claimant may need to seek clarification and assurances from Royal Mail before they can be confident the data is correct and relevant to the proceedings i.e. available to be submitted as evidence. 4) The Claimant's witness is currently out of the office on annual leave and this was not relayed to DWF Law until after the event which has caused a further unfortunate delay. 5) The Court has directed parties to file and serve any evidence upon which they intend to rely not later than 14- days before the hearing i.e. by 4pm on 6 June 2024. Regrettably, the Claimant will have insufficient time to finalise their witness evidence and supporting exhibits as directed. We therefore respectfully apply to extend the time for filing/serving evidence so that the evidence upon which the parties intend to rely by filed and served not later than 7-days before the hearing i.e. by 4pm on 13 June 2024. 6) This application is a pre-emptive one for an extension of time made prior to the expiry of the deadline. In considering the application, the Court is required to exercise its broad case management powers and consider the overriding objective. 7) In circumstances where applications are made in time, the Court should be reticent to refuse reasonable applications for extensions of time which neither imperil hearing dates nor disrupt proceedings, pursuant to Hallam Estates v Baker [2014] EWCA Civ 661. 😎 It is respectfully submitted that the application is made pursuant to the provisions of CPR 3.1(2)(a) and in accordance with the overriding objective to ensure the parties are on an equal footing when presenting their cases to the Court. The requested extension of time does not put the hearing at risk and granting the Application will not be disruptive to the proceedings.   They have asked for extension Because 2) The Claimant requires additional time to consider and reconcile data received from Royal Mail which is relevant to these proceedings against their own data and records in order to submit detailed evidence in support of this Claim.
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Giltastic vs Abbey


Giltastic
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After reading through the FAQ I'm slightly more confident than I was last week. Presently, I have received the defence from the bank, which will have been sent to Northampton (MCOL).

 

  • Am I now waiting for a court date to be sent via MCOL?

  • Do I need to download the AQ, or will that be sent to me in due course?

 

Thank you, I am finding it daunting because it has been a bit easy up until now. I am still reading this forum, so if the answers are obvious to the longer standing members, please leave links to the appropriate sections.

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I am at the same stage as you, in that i received the "defence" from abbey this morning, the court will write to you with details of what happens next and what you now need to do, they will do this once they receive the defence from abbey, until it is received by a court the defence is not filed

  • Haha 1
:madgrin:

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Thank you ICY!!! :D That is what I suspected but didn't want to leave to chance.

 

Mine did indeed say "without prejudice", but I didn't read too much into that as I thought it was like saying "my statutory rights are not affected"

 

The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court.

Finance Glossary : Without prejudice

 

Just pulled the above from an on line glossary. If it cant be used in evidence, is that an indication that they wont be using that defence in court?

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as far as i have picked up anything marked w/p cant be used in a court, so to me this effectivly means they havent submitted a defence, i have asked the question on my thread, hopefully one of us will get a firm answer on this one

:madgrin:

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  • 3 months later...

I'm going through my witness statement now and preparing my court bundle.

 

23. My assessment of the costs of the charging process

Prior to the commencement of these proceedings, I asked the Defendant to provide evidence of any manual intervention that may have occurred in relation to my

account, under a Subject Access Request pursuant to s.7 of the Data Protection Act 1998. No records of any manual intervention or involvement whatsoever

could be provided. My Subject Access request letter and Abbey’s response letter are attached in support of this statement as exhibit ***.

 

I never asked for this, or if I did using a template letter, I can't find reference to it. Do I just take out this paragraph 23(as well as paragraph 220 and renumber?

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  • 3 weeks later...

Due in court tomorrow and thoroughly expecting a stay. Just a couple of things:

 

1. Although I have sent my bundle to court and to Abbey, I have not received a bundle back. I should have had one by now surely. Reading through some other posters threads, am I right that this is Abbeys want as they are sure to get the stay and do not have to prepare like the rest of us laypeople?

 

2. Is there any point submilling a challenge to the stay, given their non compliance above?

 

Could one of you nice people advise me what to expect tomorrow, whether it is worthwhile handing in a non compliance letter to court and the abbey or whether I should save my nevrse and just await the outcome of the OFT decision?

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and just for clarity. The bundle I should have got 14 days before the court date is not the same as "the defence" that abbey sent to me when I first applied through MCOL.

 

Sorry about all the posts but I'm very nervous and feel quite lost and alone in a sea of threads and templates. I just want to be sure I have everything that applies to me vs abbey.

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Hi Giltastic

 

Good luck for today:)

i have had my case stayed, after submitting a letter for non-complience so i have major headache now! just totally fed up with the courts as they just dont seem to be bothered.

Hope you have better luck to cheer us all up:)

chelli

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and just for clarity. The bundle I should have got 14 days before the court date is not the same as "the defence" that abbey sent to me when I first applied through MCOL.

 

Hi again

No they are not the same . You definately wont recieved any type of bundle from the abbey

chelli X

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Well that was a waste of an afternoon. Stay has been granted. I must admit, if you excuse the expression, I was bricking my pants. :(

 

Anyone battling Abbey, don't hold your breath at St Helens court, it just felt like the judge there had made his mind up on what the outcome of the sitting was going to be.

 

Well, it was to be expected really. Roll on 14th January, eh?

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hi, yes unfortunately it was to be expected, but you can apply to have the stay lifted especially if you can proove financial hardship

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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