Abbey/Cahoot failed to comply with directions

[Harvey32]

I've just spoken to Oxford County Court and advised them that I hadn't received Cahoot's defence by the deadline of 4pm yesterday. The clerk said that they hadn't rec'd a defence either.

 

She said that as the directions states that: IF THE DEFENDANT FAILS TO COMPLY WITH THIS ORDER, THE DEFENCE IS STRUCK OUT WITHOUT FURTHER ORDER AND THE CLAIMANT MAY REQUEST JUDGEMENT IN DEFAULT.

 

Is it best to do this now? Please can someone help as I feel like I'm close now and don't want to screw up!!

[JAMES33]

As your directions clearly state that the Defendant's defence will be struck out if they do not comply with the order, I would get your request for judgement in asap. In many cases, including mine, courts advise that they will deal with whichever they receive first. ie. if they receive your request for judgement before abbey's defence, your judgement will be granted and vice versa. It's definitely worth a try in my opinion - Good luck and let us know how you get on

[Harvey32]

Thanks James, I will fax it to them now and send a hard copy in the post.

[Harvey32]

I've just sent over a N227 (http://www.hmcourts-service.gov.uk/courtfinder/forms/n227_0406.pdf) form by fax after checking that was okay with the court.

 

I will sit and wait for a judgement to arrive in the post now!

[Lula]

Good luck Harvey, in alot of cases Abbey are applying for the stay and think that that is it, that they dont have to do anymore, but they still have to comply with directions, my advice would be to getyour judgement asap and then persue for the money, there is an argument against a set aside or a stay on this site should they try to go for it

[Harvey32]

Thanks Lula. I don't think Abbey have bothered to apply for a stay either! Maybe they intend on turning up on the day and doing this. I should have a judgement by then so will ask for the money before hand like you suggest. I'll update here as soon as I know some more, cheers!

[Sunny44]

Abbey are not complying with directions. My sister appeared at Bromley County court on the 24th, she complained to the judge about all the work that had gone into her bundle and basically he said that they did not comply because they knew long before the announcement about the OFT Test Case and they just know they get away with it and added to that they didn't even have to pay for the cost of the Stay.

 

Abbey are sending along representatives to apply for the stay on the actual day. They will try to keep you from the court room altogether but remember they have to get the stay, most judges are granting it I think, a few are not. In my sisters case he applied the stay, because he said they would appeal, whether they would have or not I don't know.

 

The court will not do anything. If you apply for Judgement they will probably just get it set aside until after the Test Case.

 

A friend of mine filed for Judgement through Moneyclaim and guess what the Halifax applied for it to be set aside, they had never answered any letters or court papers, they might pay up a bit at the last minute but apply to have the rest set aside. Hers has now been placed on Stay until February, even though they missed ALL the deadlines and did not comply in any way, shape or form.

 

One rule for us and a different one for them. I am afraid that all this Test Case business is all in favour of the banks.

[ogrebear]

Abbey failed to get their paperwork in for my case as well but the Judge stayed the case- on his own initiative (i.e. Abbey had not asked him too) before I could do anything else.

 

I am going to phone the Court Monday and see what I can since Abbey where in the wrong before the stay went in.

[Harvey32]

Did you apply for judgement Ogrebear? Someone said above that the court will deal with whichever request they receive first.

[ogrebear]

I had a letter written but before I could send it I got the letter from the Judge with the stay on.

 

I called them today and the Court Office said it was 'probably not worth me asking for the stay to be lifted as the Judge had appiled it himself' - tempted to anyway.

[dorisdave]

Just had case against Abbey stayed even though the presiding judge was the one who gave certain directions in July, none of which were followed by Abbey

 

 

The Abbey rep had no knowledge of the same Judge's previous directions. When we tried to outline the grounds under which we objected to the stay including that other courts are refusing stays and that Abbey had ignored all previous directions such as filing a reply to our skeleton argument. The J disagreed and informed us that charges on the account go back to 2000 and weve only started proceedings in 2007!!!!! so money/hardship is not the issue. And thats after trying to explain tht Abbey filed a defence, ignored court directions etc etc etc.

Still going to object in writing as soon as receive J's further directions in about 10-14 days. aaaaaaaaaagggggghhhhhhh!!!!!!

The smug look on Abbey rep's face was quite a contrast to the terrified look when he realised that Abbey had failed to file reply. Even the visit to the toillet immediately after did not cheer him up. So talk about the J handing it to Abbey on a plate. So much for fairness and justice. The fight goes on.

Any similar experiences? Any suggestions?