How did it go then? I'm hoping to push Abbey into paying under harship rules too.

I hear ya !

I have a feeling the Judge will be annoyed that they didn't bother to turn up at the last directions hearing and didn't enter any defence even after they showed intention to defend. I was the only one that wasn't stayed on the day so I'm hoping DJ will not allow it then either. Just annoyed cos I really need the money to pay off a tax bill. More interest for me though I suppose.

Rang Abbey.. They claim they haven't received anything from Court. Read out the judgement from court.. Snotty sod on other end said they were not going to negotiate or settle but instead were going to send solicitor on 21st Dec and ask for a stay.. I laughed and said I'll be v interested to see how Judge will view that seeing as he admitted they won't defend either! What a waste of time this will be.

Has anyone got any idea of what I should put in my nudge mail to Abbey? I want to mention the fact that the DJ said that he will want to know why Abbey didn't turn up to first directions hearing or contact me or the court within the time specified. Also to basically say they haven't got a leg to stand on now with the directions set by the DJ.

I also intend to ask for approx 300.00 wasted costs (includes 50 quid for attendance at court and poss 50 for next court date, if not settled before hand).. Any advice would be appreciated.

Got court date on 21st December.... Judge has allowed 2 1/2 hours for trial.

"Upon hearing the Claimant in person and the Defendant not attending

IT IS ORDERED THAT

The Defendant having failed to attend or comply with the order of 4th July 2007 is debarred from filing any document or witness statement in support of it's Defence"

Might wait a week and email abbey with a reminder to pay up!

Got court date on 21st December.... Judge has allowed 2 1/2 hours for trial.

"Upon hearing the Claimant in person and the Defendant not attending

IT IS ORDERED THAT

The Defendant having failed to attend or comply with the order of 4th July 2007 is debarred from filing any document or witness statement in support of it's Defence"

Might wait a week and email abbey with a reminder to pay up!

no2abbey. Do you have your own thread? If so it would be better to keep your questions all in one so you can find them again later.

Was the amended claim accepted by the court? In my case there was a hearing date to discuss the amendments so they didn't need to defend it, just turn up to discuss.

No probs... Have a read of that link and then post back any questions you have.

Good luck.

Hi Joanne26

You should start your own thread so you can keep track of all your advice in one place. You should also start reading some other posts and the following link which should give you a better idea of what to do

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

Thanks Zootscoot.. I have put in new thread but forgot to put West London CC on title!

went to court on Tuesday. (West London CC)

Abbey didn't turn up.. suprise suprise....

DJ allowed my amendment of amount to be included. DJ was staying most cases (which I knew by seeing other peeps coming out with glum faces that morning).....Asked if I objected to stay... Said I did.. (had draft order in multiple copies but DJ didn't need them) so I gave him my reasonings ie... They knew about OFT case long before it was announced so should have requested Stay within 14 days of my claim being filed or 28 days after their intention to defend..... No mention of stay in their defence either. In my opinion they had more than enough time and ample opportunity to request stay...... No documents/bundle submitted by the 7th August to either myself or the court..Instead I got the standard letter about stays being requested. Explained that I was flooded over a month ago, was in a hotel for 3 weeks and still managed to get my bundle into the court in plenty of time....

Then DJ asked if I would be prepared to argue my case if he gave me a hearing date.. Said I would and if necessary would (hopefully) have backing from CAG if Abbey were to attend. He also said that I should appeal if worst case I lost as then I would still get money back if OFT win their case....

I then asked if he could stike out defence as abuse of process (again had copies of draft order which I duly handed over).... DJ read through the order and said that he wouldn't strike out defence as this was only a hearing to allow the additional charges but he would draft an order for Abbey to explain their absence, lack of bundle etc. He also said that he would not allow them to enter any further documentation which they would be able to rely on in court as they had not previously done so.

I think this is really good news but I may be wrong and they may not settle before hand and I may well be up in front of the judge again!!

When I get the draft order from DJ I will copy here.

Just goes to show that it's worth being organised.. My date was only a hearing regarding the amount I was claiming and managed to get the potential stay lifted and take away the opportunity for Abbey to submit any further documentation (including request for stay) at the next court date.

__________________

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Put in your claim with the court and let Moorcroft and Abbey know that you are indispute over this account and they will have to wait for the outcome. There are some good templates on this site (library) which should help.

West London CC not staying all cases.. Went to court yesterday.

feater v's Abbey thread.

no2abbey. Have you had anything from the court confirming that they have requested the judgement to be set aside... If it was me I'd contact the court again and explain that you would like a warrant of excecution. Are Abbey saying that they didn't get a hearing date to discuss the amendments from the court?

Just remembered something else,.. thought he was going to argue for Abbey as they weren't there so I asked if that was the case and he said no not at all.. so I said that's good cos they can't be bothered to turn up so would be suprised if you did.. If I've not already mentioned it I am a bit cheeky

Thank you both. I was very pleased and really suprised, felt sure I was gonna leave with a grimace!

He said he'll draft the order and I should get a date in next couple of weeks.

West London Staying some cases but not all...

Feater v's Abbey....

Was in court yesterday for amendment of claim hearing...

Sorry for delay in update..... went to court on Tuesday.

Abbey didn't turn up.. suprise suprise....

DJ allowed my amendment of amount to be included. DJ was staying most cases (which I knew by seeing other peeps coming out with glum faces that morning).....Asked if I objected to stay... Said I did.. (had draft order in multiple copies but DJ didn't need them) so I gave him my reasonings ie... They knew about OFT case long before it was announced so should have requested Stay within 14 days of my claim being filed or 28 days after their intention to defend..... No mention of stay in their defence either. In my opinion they had more than enough time and ample opportunity to request stay...... No documents/bundle submitted by the 7th August to either myself or the court..Instead I got the standard letter about stays being requested. Explained that I was flooded over a month ago, was in a hotel for 3 weeks and still managed to get my bundle into the court in plenty of time....

Then DJ asked if I would be prepared to argue my case if he gave me a hearing date.. Said I would and if necessary would (hopefully) have backing from CAG if Abbey were to attend. He also said that I should appeal if worst case I lost as then I would still get money back if OFT win their case....

I then asked if he could stike out defence as abuse of process (again had copies of draft order which I duly handed over).... DJ read through the order and said that he wouldn't strike out defence as this was only a hearing to allow the additional charges but he would draft an order for Abbey to explain their absence, lack of bundle etc. He also said that he would not allow them to enter any further documentation which they would be able to rely on in court as they had not previously done so.

I think this is really good news but I may be wrong and they may not settle before hand and I may well be up in front of the judge again!!

When I get the draft order from DJ I will copy here.

Just goes to show that it's worth being organised.. My date was only a hearing regarding the amount I was claiming and managed to get the potential stay lifted and take away the opportunity for Abbey to submit any further documentation (including request for stay) at the next court date.

There is a court bundle list with links in the Library section of the website that should help.

Hi

Yep, looks like you need to start getting your bundle together in order to submit it before 14th September.

Found one. Thank you

Hi Lula

Yep, bundle was handed in well in advance along with N244 form. I'm looking for a spreadsheet or list of wasted costs to bring with me. Do you know of any threads that have this included?

Think your right, might just see how it goes and then ask if it would be ok to submit one after....

Ta for reply and I'll report back on this thread if anything changes...

Hi Leecabs.. think maybe the amendment may have been a blessing in my case as W London are starting to put a stay on most claims...so my court date got changed to a hearing on the same day.........

I've got all the basics in mind regarding the stay.. and have printed off documentation from the site which has helped.

Any links for wasted cost breakdowns which you know of?

My original court date was for 21st August 07. I submitted an N244 form with my bundle as I wanted to include more charges.

I did not receive any bundle from Abbey by the 7th Aug which was their cut off date. I did receive a letter from Abbey that they were going to apply for a stay.

Received notification from the court that Hearing has been allocated for 21st August to discuss amendment of claim.

Called Court today and they have confirmed this is still going ahead despite my letter from Abbey.

I have printed out both a rejection to stay and an abuse of process Order just in case the Judge will allow these.... I would also like to bring a wasted costs order (again just in case)... Is that being really cheeky to try and get all this done at a hearing rather than waiting for court date?

Also does anyone have a good breakdown for costs that I could copy?