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    • Yes, my initial view is that @unclebulgaria67 is probably right and that because it was a magistrate's warrant, it would be the energy company that would have been in control of the situation directly. Unfortunately this will be much more difficult to deal with then dealing directly with Marston but anyway if you give us your details as requested, we can at least get Outlook from that direction as well. I'm also wondering about the position of your landlord in this. As you have taken up a tenancy in a particular property then I would have thought that one of the terms of the tenancy would be that you should be entitled to quiet enjoyment. Although the landlord may say that it is not their fault and it is down to the previous tenant, at the end of the day you have a contract with the landlord who has certain responsibilities. I think we may consider involving the landlord in this as well. You say that there have been letters addressed to the previous tenant. What have you done with those?
    • Yes please. We have certain direct access to Marston and we may be able to get someone to look at this at a senior level. Please email us as requested with your own contact details and name of previous tenant.   We can't guarantee any particular result but we can promise you that it will be looked at.
    • they say in letter dated 20/01/20 that the agreement was terminated on 30 July 2017 and cannot be terminated twice, so your VT request is invalid. startline issued termination or Default notices on the following dates: letter: 30/03/2017 termination notice  liable for payment: arreaers to date : £365.38 the balance of: £10,586.50 total: £10,951.88 7 days notice else ROG+sums outstanding. ....................... Letter: 11/12/2017 Default Notice nature of breach: instalments of £211.73 due 30th each month. action to remedy: payment of arrears £449.23 by 30-12-17 other info: payments to date: £5226.91 outstanding: £9351.89 less rebate: £2251.41 Amount Due: £7100.48 if you act before 30-12-17 and have paid £7056.90 you can VT. ............ Letter: 27-07-2018 Default Notice refs a dn dated:31/05/2016 - there is no such DN in an SAR return. nature of breach: instalments of £211.73 on 30th each month. action to remedy: payment of arrears £226.73 by 15-08-2018 other info: on or after date 27-07-2018 we shall terminate,withdraw possesion and recoversums due upon termination. total paid: £6250.91 outstanding: £7647.28 less rebate: £1590.47 Amount Due: £6065.81 if you act before 15-08-18 and have paid £7056.90 you can VT. ........................  letter: 01-10-2018 termination notice  liable for payment: arreaers to date : £325.06 the balance of: £6079.75 total: £6404.81 7 days notice else ROG+sums outstanding. ……………………...     NEW ORDER STATEMENTS.pdf Doc1.pdf
    • thank you.   have you had issues paying credit before you took any of these out?   i'e were you keeping a good handle upon your credit file and it wasn't shot with any defaults or payment markers during the period when you applied and were successful in getting any of this additional credit?   my thoughts are ...should the above not be the case and your credit worthiness was good... so couldn't p'haps introduce some irresponsible lending complaints in association to them … it might be an idea to give all your creditors the heads up that times are hard and you wish them to help you, as they are duty bound to do, by freezing interest and any penalty fees to allow you to ride out this present financial hardship till things improve ...   how does that sound...   dx  
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feralkat

Fealkat V Abbey - Judgement what happens next?

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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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Feralkat

 

There is a good chance that Abbey will ask for the judgement to be set aside once they receive your warrant of execution. Do a search for threads by Elisedriver as she had this happen to her, as did NatalieC.

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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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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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'bump'

 

Help please - really not sure what to do now.

 

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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I would pay to see abbey shamed on the TV with the baliffs going in.

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Good luck FK


:madgrin:

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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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