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abbey refused stay in romford


keithandjen1
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received a letter last week from abbey, telling me they were applying for a stay, rang the court, and they said they had refused the application unless both sides agreed. obviously i'm not going to agree, so the pre-lim hearing is going to go ahead. Anyone any idea what will happen now, can they still apply for a stay on the day for example. I was thinking of contacting abbey by e-mail to see if they might settle, is this a good idea?

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WOW this is fantastic, might be an iidea to email them, i would leave it till Monday and then email them and see what they have to say, well done, this is a turn up for the books :D But you are right, they might ask again for a stay on the day, but there is no guarantee that they will get it, on reflection - i would wait until they contact you, but the decision at the end of the day if is yours.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I cant see them getting a stay on the day, they have already been refused on the grounds that you both have to agree and you are not. I would imagine they will settle perhaps on the day. Can you let us know if the bank contacts you and asks you to agree to a stay or anything regarding a stay.

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thought this email might be of interest, i rcvd yesterday.....there is someone in the building anyway...

 

Dear *********

 

You should by now have received a letter from Abbey explaining about the Office of Fair Trading test case recently issued in the High Court (if not, further information on this can be found at

www.abbey.com). In light of the test case we are now instructed that Abbey are not prepared to offer any further settlement figures or accept any offers of settlement from claimants pending the outcome of the test case. Abbey will be applying for a stay of your claim in the meantime. You will hear further from the Court if/when the stay takes effect.

 

Kind regards

 

Clare

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I received the same letter lisam and I called the Court Manager to double check what the deal was. I was told that unless I had heard directly from the court on the issue, I was to assume that the case would still be heard on the date allocated.

 

My hearing is on Monday at 2pm...

 

Abbey has not submitted any bundle at all...

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I've had a stay letter from Abbey first, then the court. I've written to the court to ask if my Sept 3 case can still be heard anyhow. Fingers crossed! Should I ring the court, too, or wait to hear a response to my letter?

Cheers...

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keithandjen1, great news, am also doing a claim for my brother at Romford court and was told they were carrying on as normal. You are ahead of me as we are waiting for a hearing/court date, am now considering sending in a CPR18 request to Abbey. Please keep us updated. Good luck.

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had the hearing today(along with 2 others), judge stayed it, total waste of time as he may as well have stayed it by post ( as i had to miss work time)......and that's it till next year folks!!!!!!! Bobbins if you ask me.

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Sorry keith, it is definitely a waste of time and totally frustrating to people like us who have to take time off work, not to mention all the time it takes compiling evidence and submitting the required "bundle"...

 

I agree that it could have been done by post; it seems that the court just wanted to justify its £120+ fee..

 

My supposition is that the law would not be seen to be fair and just if the hearings dont happen, even if it is only for the judge to grant the stay; the court has to be seen to be dealing with each case on an "individual" basis, even if the cases are virtually identical and the results are going to be the same.

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I was supposed to have my hearing tomorrow (3 Sept) and got a call and ansaphone message from the court yesterday to say it was still stayed. I had wrote to the judge and the Abbey, 2 weeks prior (recorded) to say I wasn't happy and wanted to still go ahead as I disagreed with the stay. The woman who left the message said that I had to apply for 'Notice to lift the stay'?? I thought that's what my letter to the judge was?

Can someone please tell me what I do now? I'm furious at having 'wasted' the £120 fee - and having had the Abbey 'refund' a mere £395 (when they owe me £2100), without my consent.

Help please!:mad:

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