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Judgement.... then Stay Hearing :(


elisedriver
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Well i knew it was too good to be true.

 

Just as i was filing for a warrant of execution, ShAbbey have filed for a stay on the Judgement that was passed.

 

I've now got a Stay hearing on the 11th July 2007, which I intend to attend and try and prevent the stay being passed.

 

Given that we all know the banks will not actually have any intention of going to court, then what do you think my chances are of getting the stay put aside ?

 

What can I present at a stay hearing to prevent the delay being issued ?

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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**bump **

 

Got the application from Abbey now

 

They are applying for

The judgement to be set aside

Costs against me for their application to be set aside.

 

The application contains a witness statement from Abbeys solicitor stating that she filed the notice of intention to defend . She also states she sent the defence on the very last day of the period. She also states she sent me a copy of the defence - which was to my old address, despite her and the courts receiving a notification of change of address over 14 days prior.

 

She then includes her copy of the Acknowldgement of service, sent by post and Fax including fax transmission report.

 

She then includes her copy of the defence, notable by Post only despite not enough time for it to be received before the deadline. also a lack of recorded delivery or any receive acknowledgement.

 

She then includes her copy of the covering letter with my incorrect address on it, as proof that a copy was sent to me.

 

 

 

EEEKKK

 

So what can I do now ??

 

Obviously I need to attend the hearing, but how can I prevent it from being set aside ?

 

Noticably, I need to get the following points across

 

: The court was not sent a timely copy of their defence

: The have not faxed a copy or the court has not received a copy of the defence

: They have failed to send documents to me in a timely manner or to my correct address

: The solicitors and contact details are not the same as those they filed on the Acknowledgement of service

 

 

HELP

 

What do I do now ???

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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I think I need to also get across that :

 

Abbey have multiple other cases pending and never intend to get to court

The application to set aside is merely a delaying tactic and a further abuse of the court process

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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Hi there, look at the sticky's above at the Abuse of Process bit, I am sorry to say that you probably wont get the stay lifted, but you are right they are abusing the process, can you show and proove that you sent the change of address? you"might" get away with it :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Not only can I proove that I did - but the court ALSO sent Abbey the change of address

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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*** BUMP *****

 

HELP - How can I prevent it being set aside ??!?!

ABBEY : Seeking £1500 : Default Judgement Received - now set aside- AQ dispensed, awaiting court date

Barclaycard : WON : Seeking £380, offered £152. : Full settlement £510 + costs

EGG Card : WON : £168 FULL SETTLEMENT within 3 Weeks

HSBC : WON : Sought £1500+ : Full Settlement £2375.89 received 4 months start to end

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