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Ready to take Abbey to court - need help & advice please!


Les1
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I'm so scared of getting anything wrong, have just read the statement of evidence and more info on AQ's. Just to clarify then. I have completed my AQ. Handwritten into section G:

 

Please find the following attached to this allocation questionnaire;

1) Section G - other information

2) Draft order for directions

 

This allocation questionnaire and its attachments were sent to the defendant on **/**/**.

 

I have attached Passage for section G/H - 'other information' on a seperate sheet) and Draft Order for Directions. Is that all I need? Ready to send and await instructions from court?

 

Thanks for being patient, I have read so much information, I just need it in simple terms now!

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  • 2 weeks later...

Got a letter from Abbey today saying that all court cases are being suspended until after the test case. Is this true? Not sure what to do. we have paid out £220 in fees and could really do with the money. We had to borrow the £100 for the AQ from my daughter. Abbey are saying that we might be able to receive their original offer unless we rejected it, which we did.

 

Also got a similar letter from Barclays saying pretty much the same, except the bit about accepting their original offer! We are nearly at AQ stage with Barclays. The way the letter is worded is that they expect the test case to prove that charges are fair and just. Do I try to get back original offer and give up or is this worth fighting for?

 

I find this whole thing really scary and I'm not particularly legal minded. This has made me feel really fed up. :(

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  • 2 weeks later...

Hi Les1,

 

It sounds like your banks have written to you to say they are requesting a stay at the court - if I was you I'd proceed as normal (I am). I have a hearing date and Abbey wrote to say they were asking the court for a stay (in Hereford) but I've checked with the court and thry are taking no notice and I'm still on track. (fingers crossed!). It seems some courts are waiting for the test case and others aren't. I certainly hope mine doesn't.......

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HI, thanks for that. We haven't heard from the court re our Abbey claim as this has gone to AQ stage, but we have heard from the court to say that the claim is being put on hold pending the test case re our Barlcays claim. We claimed against Barclays using MCOL and this has just been transferred to our local court, Leicester.

 

On another thread it said that the OFT have advised banks to honour any offers they have made in the last 2 months, I am tempted to write to Barclays and ask for their original offer of £1125. The way I see it, if the banks win the test case, then we all lose everything, at least this way we will get something. We do intend to keep going with Abbey though.

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