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    • receiving a default NOTICE (forget simple default cal markers) does not mean it will get sold on... OC's very very rarely do court themselves.  if it does you would receive a Notice of Assignment from the debt buyer/DCA.  as for reduced payment if it remains with the OC and they issue a DN, no harm in trying but lets get all your ducks inline first. dx  
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    • depends what the fees are, typically nothing can be added once judgement is passed bar litigation costs. on document retention time limits etc at least 6yrs previous must be held though many hold complete info. as for acronyms and abbreviations ideally yes they should     
    • Still have to submit a statement either system....if they fail they can only give verbal because they failed to file and serve.
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Fealkat V Abbey - Judgement what happens next?


feralkat
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Hi All, After my success with LLoyds, I'm now helping out a friend with her battle against Abbey - bring it on!!

 

I followed all the steps detailed here and following the bog standard replies, started a claim with MCOL on the 18/06/07.

 

Having not received any communication or defence from them I entered a Judgement of default on the 11/07/07. I still haven't received anything from them and have phoned the court who have told me that I can start the warrant procedure whithin a reasonable time.

 

I've read and re-read the forums and it appears that usually Abbey DO enter a defence at some point so I'm confused not to have heard anything.

 

Would someone mind advising me on how long I should wait before executing the warrant or what my next step should be?

 

Many thanks in advance for any help which will be gratefully received!!

 

Feralkat :)

:)Lloyds ***WON*** £3,500 :)
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Guest louis wu

I think the thing to do is to call the court, and ask them what the judge would consider a 'reasonable time frame'. Explain that you are not a solicitor, but believe Abbey are abusing their position and wasting yours, and the courts time.

 

See what the say, but I suspect that the judge will give them at least a fortnight to comply.

 

Keep us informed

 

louis

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Thanks Louis - I thought that 14 days would be fair and the lady I spoke to at the court thought that it sounded OK.

 

I guess I'll take the next step on the 15th July - a week today.

 

Does anyone know if many other people have won in this fashion?

 

Many thanks

 

Feralkat

:)Lloyds ***WON*** £3,500 :)
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the buggers keep denying receiving any paperwork, its absolutely staggering the amount of paperwork that seems to get lost on its way to them

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I'll look those two up - thanks!!

 

How can they lose post that is sent recorded delivery?!! You'd think they would come up with something better - the dog/hamster/baby ate it or something!! They've had plenty of practise now :D

 

Thanks for your advice guys!

 

Feralkat

:)Lloyds ***WON*** £3,500 :)
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  • 2 weeks later...

Hi again!!

 

Well I still haven't heard a peep from Abbey - I find it completly staggering that they have not responded at all!!

 

The address that I used with MCOL (and all previous letters) was the local branch address, they replied to the first letters that I sent there (the usual 'Sorry you're not happy letters') but have ignored anything from the courts :???:

 

Do you think that I should now start the warrant procedure? They have had over 2 weeks since the judgement so they have had plenty of time.

 

Should I amend the address with the MCOL to a central office, could that be the problem? I think that if they have replied from the branch address before there is no reason why they can't reply from there now?

 

Any thoughts gratefully received - please!!

 

FeralKat

:)Lloyds ***WON*** £3,500 :)
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Feralkat, ring MCOL, there should be a form that you fill in to file for judgement (have you already done this?) if you have done this it is time to send the Baliffs in, again MCOL and tell that that you want to do this, it costs about £50? but this is recoverable

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Have done the judgement - will execute the warrent now. I'm hoping that the 'test case' won't affect this because Abbey have not replied I'm hoping that they cant apply for a stay on the basis of the test case?

 

What do you think?

 

Many thanks for your reply

 

Feralkat

:)Lloyds ***WON*** £3,500 :)
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Well in all honesty, they might apply for a stay anyway. But you might as well go for it anyway, they might just cough up, oh and if the baliffs are going in, take your camcorder lol and perhaps the local press might be interested, see Rekas thread :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Wouldn't that just be LOVELY - I'd invite everyone from here and we could all go and laugh at them!!

 

Will execute the warrant and then let you know how I get on :)

 

Many thanks

 

Feralkat

:)Lloyds ***WON*** £3,500 :)
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Hallo All,

 

Well, I have today issued the warrant - I'm guessing (from what I have read in other threads) that Abbey will now apply for a stay?

 

If they do not do that, does anyone know what is likely to happen next?

 

Does anyone have any ideas on how the test case might affect the claim at this stage?

 

Many many thanks for any help :D

 

Feralkat

:)Lloyds ***WON*** £3,500 :)
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