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fruitbat13

Court Date 1st November!! - but I'm confused

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I realise that the queries I have have probably been answered for other people, but I've tried to find some answers and just go more and more lost!

 

We have received 2 letters in the same envelope.

 

First letter

 

Dear Sir/Madam

 

Case No: XXXXXXXXX

 

The above matter is now proceeding as a defended claim.

 

Allocation questionnaires have been dispensed with, but as the amount exceeds £1500.00 and allocation fee of £100.00 is payable.

 

Please forward your remittance for this amount to the court by 2007. Cheques should be made payable to H.M.C.S.

 

Yours faithfully

 

 

 

Second letter:

 

Dear Sir/Madam

 

Case No: XXXXX

 

Please find enclosed a copy of the defendants defence.

 

Yours faithfully

 

 

 

Right, here's my confusion. In the first letter it states that the allocation questionnaires have been despensed with. My understanding is that this means they won't be issueing them at all, so why do I have to pay the £100? We were told we are excempt from the court fees so surely this amount shouldn't apply anyway.

Also, whoever the admin was who sorted this letter out, they forgot to put a date in stating when it was payable by, so how do I know if we are late or not and if we are late, could I use this as leverage?

 

The next query I have is the 'Abuse' letter. I was reading someone elses thread a while ago (can't remember who he was, but he was moving whilst dealing with his Abbey claim - really nice bloke by the sounds of it too! :D;) ) and he mentioned something about sending this 'Abuse' letter to the court once he received his court date. Should I send this now, or do I wait a while?

 

I really hope someone can help me - all this seems so daunting and I'm terrible at this sort of thing.

 

 

:confused:

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Hi Fruit, firstly don't worry, there are a lot of people on this site and all they want to do is help.

 

Some courts have dispensed with the AQ, but the fee is still payable (usually within 14 days), others still issue the AQ and payment request!

 

It sounds like you aren't going to get an AQ, but still have to pay the fee (killer, I know)!

 

To be on the safe side find the number for the court and ask, they're usually very helpful.

 

Good Luck and Keep Us Posted x


Ladymuck x

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Ladymuck, thank you for you encouragement.

 

I called the court earlier today and they told us that they have a backlog of paperwork (wonder if there's loads of bank claims!). They also explained that if we were initially exempt, that it would probably be the case again.

 

Took details down there late this afternoon and showed them and guess what? We're exempt from the allocation fees aswell. There's still some nice people out there afterall! :D

 

She told us all we have to do now is wait until our court date. Not going to leave it that long though. Printed out all the 'Court Bundle' stuff already and am going to work on the updated charges bit tomorrow.

 

Does anyone know if I need to copy all the stuff that the court has sent me and include it in the bundle or should I just do it just in case?

 

I'm hoping that if we get our stuff organised and sent asap, that shabby will realise that we mean business and decide to settle way before 1st November (we're hoping to get a conservatory built and need the money for a deposit) :oops:

 

Also, although we haven't been issued an allocation questionnaire, should we still use the Abbey abuse order letter? I'm wondering if keeping the pressure up would also help for an earlier settlement or would it annoy the court as they have a backlog of paperwork?

 

Hhhhmmm, just dreaming about sitting in my lurvely new conservatory with a vodka coke in my hands :rolleyes::cool: . Only thing is, garden is a mess. Ah well, perhaps I should pursue shabby for our other account. :)

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Hi Fruit, good news about the fees x.

 

Its good to organised, it shouldn't do any harm to keep sending nudge letters. Read on here that someone was sending the letters every 10 days, until they settled, no reason not to persue the shabby for the other account!

 

Good Luck x


Ladymuck x

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:mad: :mad:

 

Really, really not happy. We had a letter from Abbey which we initially thought was a kind of scare tactic, however, it turns out it wasn't.

 

Apparently:

 

"Abbey, (along with six other banks and a building society) has become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to unauthorised overdraft bank charges. We believe this will resolve the issues regarding the fairness and legality of your unauthorised overdraft bank charges.

Pending the outcome of this test case, we are asking the County Courts to stay all claims relating to unauthorised overdraft bank charges.

....

Given the Court case, we have asked the Financial Services Authority ("DSA") to suspend the normal timetable for dealing with the bank charges complaints, and the FSA has agreed to this request subject ton conditions that protect complainants' rights."

 

AARRRRGGGGHHHHHH!!!!!!!!!!!!

 

We have since received a letter from our local court stating that our case has been stayed!!.

 

I'm completed baffled by this now. I understand that our case is on hold until after the test case is finished with Abbey and the other banks/building society.

 

Do we just literally sit and wait for someone else to decide our fate now?

 

The letter from the court:

 

" IT IS ORDERED ON THE COURT'S OWN INITIATIVE THAT:

1. The hearing on 1st November 2007 is vacated.

2. The case be stayed pending the final resolution (being the judgment in the action or of the final appellate court, whichever is th later) of the case brought by the Office of Fair Trading in respect of the matter of bank charges.

3. The Defendand shall within 21 days after the final decision in the case referred to above at Court and serve on the Claimant:

(a) a case summary of not more than 500 words setting out the effect of the final decision in the said case on this action: and

(b) their proposed directions in this action

4. Upon receipt of the documents set out in paragraph 3 above the file shall be referred to a District Judge to consider further directions

5. There be permission to either party to apply to vary this order Provided that such application is filed within 21 days after the service of this order on the party so applying.

Dated 10 August 2007"

 

 

Has anyone else had anything like this?

I'm really flumoxed, was hoping that this would all be done and dusted before Christmas, but now it looks as though it's going to drag on - also with the possibility that we won't get anything in the end.

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Hi,

most cases in the pipleline (or submitted since the announcement) have been, or are expected to be stayed. See the following threads

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

and

http://www.consumeractiongroup.co.uk/forum/abbey-bank/107573-oft-test-case-what.html

 

I think we all realised that the recent situation couldn't continue and most people (I think) welcome the test case and are confident that fairness will prevail. Its just been very shoddily handled by the authrorities who have obvioulsy had little regard for consumers like us. I'm a week or 2 behind you and kicking myself for not starting sooner but hey ho!

The case is due to start in October but best guesses are that its unlikely to be resolved before next April and even then could go on to appeal and further so potentially could take years. This is why we need to keep the pressure on the government to make sure its not drawn out and that the little person is considered in all this. Theres a petition in Zoots sig at the bottom of the 2nd link.

Good luck, and try to think of the interest stacking up....

Ellie

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