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Cherryblossom10 V Abbey


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Cherry, Guildford is THE most sympathetic court and the abuse order or orders very similar to it have been granted at Guildford

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi everyone, i want to send a letter to Abbey today rejecting their 65% settlement offer. Am going to say i am fully prepared to see this through to the end and suggest they settle 100% now and avoid futher court charges etc. Please can you let me know the best email addresses to send this to at abbey. thanks.

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hi cherry

i would send it to all 3 of those addresses ICY has given you - just for good measure - and get a 'read' receipt too!

they are rather inconsistent with emails - sometimes they reply within minutes.. sometimes not at all.. I just kept sending mine until they acknowledged it!!

Good luck!

Marmite x

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Cherryblossom

 

Inga seems to be the only one who replies back. I have just had an email from her rejecting my counter offer (i rejected their 65%), so now I will just wait for the court date and claim back the full amount. Not going to try and save them any money. they can now pay us the full amount.

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well sent a letter to Inga saying i was rejecting their 65% offer and wanted 100%. Said i would be happy to see them in court. She sent one staright back saying thank you for my letter, it had been placed on my file. Never made a further offer. Oh well. Waiting to see if i get AQ from Guildford or not now. I will be going for abuse strikeout anyway. Just playing the waiting game now. Hope this dosn't drag on forever!

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Help!! received this from the court today.

 

Before his honour JUDGE REID QC. The court has made this order of its own initiative without a hearing.

It is ordered that

 

1. The claim is allocated to the small claims track

2. The hearing will take place at a place, time and date which will be notified to the parties.

3. The defendant shall not later than 4PM on 13 August 2007 serve on the claimant and lodge at court a dicument answering the following questions: (a) Is the case intended to be contested to and at trial? (b) Does the Defendant intend to apply to adduce expert evidence?

4. If the defendant fails to lodge at court a dicument in accordance with paragraph 3. above the defence shall stand struck out and judgement be entered for the claimant for the full amount claimed and costs comprising the issue fee and allocation fee paid.

5. Each party shall serve on the other the witness statements of all witnesses (other than expert witnesses on whom they intend to rely).

6. No party may adduce expert evidence unless an application for permission to adduce such evidence has been made and granted.

7. No party may rely on the evidence of any witness whose statement has not been served in accordance with thi order without further permission from the court.

8. No more than seven nor less than three clear working days before the trial date the claimant shall file at court an indexed and paignated bundle of document which complies with requirements of Rule 39.5 of the civil procedure rules and the practice direction thereto, and shall serve a copy of it on the defendant. The claimant shall ebdevour to agree the contents of the bundle with the defendant before it is filed. If the claimant fails to file a trial bundle in accordance with this direction the claim shall stand struck out and the action dismissed without further order.

9. Because this order has been made by the court without considering representations from the partie, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court to arrive within seven days of service of this order.

 

Phew, Can somebody please tell me what this lot means in simple terms. I havn't got a clue about witness statements etc. Also do i need to make a bundle now or wait and see what happens by the 13th August?

I Wanted to request an abuse strikeout. Does this mean i can't now? I am starting to panic a bit now.

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ukcrow, thank you so much for replying. You have put my mind at rest for the time being. Will just sit tight and wait until the 13th August now then. Fingers crossed. |Congratulations on your win. Hope i will be able to post the same after 13th. Just had a thought, it's not a friday is it. LOL

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  • 2 weeks later...

Hi Cherryblossom, just read yr post on "Icy's" and wanted to subscribe!!!

We're at the same court, same directions from judge and both have til 4pm tomorrow for Shabbey to submit!

I hope it goes well for both of us!!!! ;)

 

Bonnie

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Hi cherryblossom, can i just correct myself from earlier as i thought the 13th was tomorrow, not 2day and had a massive hissyfit when i saw the date!!!!!!

 

Any news from our court (Guildford)??? did u ring them??? i was relying on you to do the dirty work for me as im too scared to find out, guess i'll have to call them myself tomorrow and hope its been struck out!!!

 

Let me know as soon as u do and vice versa!!!

 

Bonnie :p

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Hi everybody, havn't had access to email for a while but just to let you knw that i rang guildford on 14th as abbey had until 4pm on 13th. A very nice lady said that Abbey had not complied with the order and therefore their defence would be struck out. I was over the moon. However, i then received a letter in the post from the court yesterday to say that the judge had decided to stay all cases and the stay had been backdated to 29th July. Therefore i have missed out by 2 weeks. It seems so unfair because one minute i'm being told i've won and then i'm being told i havn't. Abbey hadn't even bothered to comply with the order but they're still getting away with it!!! SOB SOB

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Hi cherryblossom, if its any consolation, im in the same boat as you!!! :(

Shabbey never complied but ive been "Stayed" anyway, gutted eh!!!! :mad: :mad:

Im thinking i can kiss goodbye to my money, all £2600 (so far) of it!!!!

 

Sob sob from me too!!!

 

Bonnie xxxxxxxxxx

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Hi Bonnie, my claim is for roughly the same amount as yours too. I wish i hadn't sent inga an email rejecting their 65% offer now. If the offer was still open i would accept it rather than wait and poss have it reduced or worse still, get nothing at all. I just noticed that your location is staines. I'm just up the road from you in shepperton. :)

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Hi Cherryblossom, i could give u a big hug as im thinking the same RE: offer of 65%, it was £1000 short but it would have helped, too late now i spose eh!!!

I used to live in shepperton too a few yrs ago (when i burnt my house down and was rehoused).................. we lived in Acacia ave..... know it???

I loved Shepperton but back home now and back to normal!!

Keep in touch if anything develops in your case!!

 

Take care

Bonnie xxxxxxxxxxxxxxxxxx ;)

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