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My Stay's Been Lifted !! ** WON**


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:) Im scared to get excited but its hard not to!

I recieved a notice of a stay been put on my case, so thought got nothing to lose by objecting to it and sent in a request to lift the stay on the grounds of financial hardship which is easily proven at the moment.

2 weeks later i recieve a letter from the court -

 

District judge has considered the statements of case and allocated the claim to the small claims track.

 

1. The stay in proceedings be lifted at the request of the claimant

2. The hearing of the claim will take place on the 26 november.

 

so fingers crossed i may still get a decent xmas :)

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Wow, excellent job, lets hope that they cave beforehand, but be prepared for them not to submit any paperwork and then apply for another stay on the day, so you need to get prepared with a court bundle AND an objection to any stay that they might apply for, ring the court once a week to see if they have reapplyed. :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Wow, excellent job, lets hope that they cave beforehand, but be prepared for them not to submit any paperwork and then apply for another stay on the day, so you need to get prepared with a court bundle AND an objection to any stay that they might apply for, ring the court once a week to see if they have reapplyed. :D

 

Hi Lula,

 

How does it actually work on the day when the Bank apply for another stay. The Court already have your original request for a stay. Do you then have to hand over a duplicate copy of the stay already submitted or is there particular wording for this situation.

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look at this http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

they should re apply for a stay BEFORE the hearing, but alot of them are pitching up at the court ill prepared with just a request for a stay. its VERY naughty!!

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 4 weeks later...

Hi all, well it does'nt seem that they can re-apply for a second stay once the judge has agreed to lift the original stay, because i received an e-mail from Inga informing me that Abbey are prepared to come to a settlement agreement ! :eek: . my court date was for the 26th november so im lucky they havent dragged it out till then. I have e-mailed Inga back and informed them that for me to aggree to settlement out of court then the full original claim is what i would agree to settle on,this dosent include any intrest which would have amounted to around £500 so i think thats a fair settlement offer on my behalf!!:)

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Hi

 

Great news about your stay being lifted. The judge in my case is District Judge Hill. I wrote to him when I put my bundle in but he just stayed it anyway. I think I will have another go now though, hope you get a good settlement out of them now, keep in touch.

Simon:)

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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This is great news pinkbabez - well done! :D

 

Which court was this please?

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Thanks simon,he is also my judge, it was lifted on hardship grounds which i think is maybe the only grounds that are working.Abbey have proberly realised that this case was gonna go all the way so thought they might as well end it now seen as though their in a better position at the moment not having to deal with as many case's.

I think you shoud try to have it lifted,theres always hope my case prove's it !!:)

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The fact that Abbey have contacted you to offer a settlement proves you are in a strong position. By the sound of it they want the case to go away. If I were you I would ask for everything you would get if you went ahead with the case and won. They may make a few noises but they will pay, what other option have they got. At the end of the day the only other thing they can do is not turn up on the day, in which case the DJ will award you the lot anyway. Maybe they will turn up and defend the case ROFL. Although you will know whether that is the case because they will have to submit a CB weeks before the hearing. Hold out for the mother load is my advise make em pay!!!!

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Hiya, if they dont accept your offer then hold out, they will pay up cos this is a non starter, I dont know whether you have already offered Abbey a settlement figure, but if you have, and they dont accept, hold out for it all because they will pay up, and congratulations btw -)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Pinkbabes

 

Did you just follow the links on here to get your stay lifted?

 

Simon:)

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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this may be of interest - but also try and read "annoyed from caerphilly) on A&L

 

court stay lifted, new court date - must file a skeleton argument

 

see last post

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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Hi all, quick update....... Inga emailed me today to give me an offer from abbey,its £400 less than my claim for £4'285 so im thinking thats pretty reasonable? though ive actually emailed har back to say that my final settlement amount would be £4'000 after all if i had taken it all the way i could have claimed intrest, but to be honest this is all wearing me out and i would like to see an end to it what with xmas on the way and all :)

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Hi all, quick update....... Inga emailed me today to give me an offer from abbey,its £400 less than my claim for £4'285 so im thinking thats pretty reasonable? though ive actually emailed har back to say that my final settlement amount would be £4'000 after all if i had taken it all the way i could have claimed intrest, but to be honest this is all wearing me out and i would like to see an end to it what with xmas on the way and all :)

 

 

£4k is reasonable, hold out for that. :D

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Did you contact Abbeys solicitors first, to see if the would resist the stay being lifted, or did you go straight to the court and apply via the N244?

 

I have read on here that it is worth contacting them first as it saves time, can't decide which is the best way! D'oh!

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Hi simon, no i did'nt contact abbey or their solicitors i just got on with as in my last attempt to settle the claim with Inga they refused so i told Inga that i would have no further contact with them and it will all be dealt with the official way.I did'nt even have to have a hearing regarding the lift of the stay the just sent me a court date :)

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hi all

i have just been reading your thread today i have recived notice of hearing of application

heres what it says

the hearing of the climants application for the stay to be lifred (see copy attached) there is no copy attached so i have faxed the court

will take place at 14.00 on the 8th january 2008, at blackpool

then so far down it says

cases are listed in accordance with local hearing arrangements determind by the judiciary and implemented by the court staff.

every effert is made to ensure that hearings start either at the time specified or as soon as possible thereafter futhermore in some instances a case may be released to another judge possible at a diffrent court please contact your court for futher information on the listings arrangements that may apply to your hearing

.........end.......................................

 

is this what you got and do i have to turn up for it

thanku for any offer of advice

hugs

abg

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Hi abg, no i didnt get anything like that. After i sent in my request for the stay to be lifted it took about 3 weeks to deal with all i recieved was a letter saying .... at the request of the claiment the stay be lifted and fast tracked to the small claims court, after i received this that is when i started to contact abbeys solicitors again and they were very shocked at this,they asked me to send a copy of the new order then 2 weeks later they offer to settle out of court :)

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