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Abbey haven't sent me their bundle...


MarkyT
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What do I do now - they were supposed to send me their bundle today as I have done with them.

 

What do I do next? Do I ask for their defence to be struck out on that basis?

If so, is there a template anywhere I can use - I've tried searching but cant find a one for that purpose.

 

Heeeeeeeeeelllllpppp!:lol:

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you are looking for the non compliance template

 

you will find it there :) post number 7

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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hi i'm in court on the 13th aug so shabby have till the 31st july to send me theirs. if they don't because of all this test case mallarcky will that go in my favour????? i'm so peed off because i've been doing this since the 11th january and now i'm so close to my pay date this happens!!!!!!

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What do I do now - they were supposed to send me their bundle today as I have done with them.

 

What do I do next? Do I ask for their defence to be struck out on that basis?

If so, is there a template anywhere I can use - I've tried searching but cant find a one for that purpose.

 

Heeeeeeeeeelllllpppp!:lol:

 

Marky,

 

If they DO send you a bundle...................you can either frame it, or I'd sell it on e-bay...........it'd be absolutely unique as no-one else has ever received one either;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Marky

I should have received my bundle by last Tuesday. I lodged mine with the court and sent them one, del'd Tues. My court date is 7th Aug. Abbey didn't lodge a bundle, against the Judnge's directions.

 

On Wednesday, I got an email with an offer to settle - £200 less. The offer was valid (they said) until Thurs 5pm, so I said 'no thanks' - I'm unwilling to settle for anything less then full amount esp in view of late stage & their non compliance with court's directions. Thursday - they offered to settle for the full amount.

 

I strongly suspect you will receive a settlement offer very soon!

Apple x

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hi i'm in court on the 13th aug so shabby have till the 31st july to send me theirs. if they don't because of all this test case mallarcky will that go in my favour????? i'm so peed off because i've been doing this since the 11th january and now i'm so close to my pay date this happens!!!!!!

 

From what I've read elsewhere, we should all continue as normal unless specifically told otherwise by the judges handling our individuall cases - keep going and good luck!! I've been on with mine since last november and was nearly in tears yesterday when I started reading about the test case but I have seen elsewhere on here that its down to the judges whether or not to stay any cases. Plus, the banks have to apply for a stay in the first place.

 

Thanks for all the posts above folks - very much appreciated.

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  • 2 weeks later...

Well, I'm in court today - 2pm and bricking it. I got a letter on wednesday from the court saying that it is up to the trial judge wether or not to hear any evidence from the defence following my request for the defence to be struck out.

Please all can you wish me luck.

 

I'll post back this afternoon.

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Good luck to the both of you, I hope the DJ in both your cases, strikes out the defence in light of their non compliance, as they would if we failed to file on time :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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well :sad:

 

im back!

 

will keep this brief for now.. but the upshot of it all is the case has been stayed!!

 

abbey sent a harry potter lookalike (approximate age 14) to request the stay. the judge asked me why i thought he should hear my case and not apply the stay.. i said my piece, was quite composed and went through it all slowly.. the judge asked if i would be objecting to the stay.. i told him yes and handed him my prepared notice - he said that he would grant the stay to fall in line with the rest of the country and await the outcome of the test case.

 

he urged me not to object the stay.. and said that if i did he would still grant the stay - if i wanted to object i could appeal and that would go to the high court and if i lost the appeal i would be liable for costs!!!

 

i think he was just trying to scare me!!

 

so - he said the test case would be heard in january and i should sit tight until then.

 

thats it.. stayed!! - not overly surprised.. bit of an anti-climax. there were 3 other people there 1 against abbey.. and all of the cases were stayed.

 

so.. more waiting!!

 

thanks to all for your mammoth support.

 

Marmite x :sad:

 

ps: MarkyT - let us know how you get on.. hopefully you had a more 'liberal' minded judge!! M x

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Bad news. Judge stayed the case. As soon as I introduced myself to the usher, he then introduced me to Cahoot/Abbey's Barrister. I almost collapsed at that point.

Young lad (said barrister) who looked no older than 21 took me into a room and explained that they would be applying for a stay and asked if I would object the application. I said no as I had already heard a barrister for HSBC talking to the guy next to me and he explained that Newcastle County Court are now staying all cases in light of the test case.

We went into the court and the judge explained straightaway that he is staying the case until the test case is heard. He also explained that I should follow the case very closely as if the banks should lose then I need to contact the court again within 28 days of the ruling to have a judge direct an order for me to be refunded.

I was quite suprised as there were a lot of barristers and the guy from cahoot explained that all of the banks were being represented today.

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:mad: markyt

sounds like you were railroaded into the same outcome as me!! not good.. quite an ordeal to go through.. to come out of it the other end.. not really having had chance to fight ones corner!

im really sorry you ended up getting your case stayed too.. not a good feeling.. but with all the support on here.. we can only hope its a temporary setback!

chin up matey.. (she says with her chin on the floor!!)

all the best - marmite x

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Thanks for the kind words. I must say I really dont want to have to go through this again. I am quite a nervous person in situation like this although now I do have a little bit of a better idea of what to expect if I have to go back next year.

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Well done for toughing it out Marky - champagne in the banks' boardroom again tonight. :mad:

 

Is it me or does everyone think this is a complete sham???

 

Cahoot? They are in Cahoots all right, with everyone except the Consumers.

 

Sorry, I was miffed earlier, now I am hopping mad. Will go and rant elsewhere. :(

 

Lotsa luv

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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