Many thanks Noomill060 - all received All helps for the court bundle

So any chance of those people saying they've got them - actually PM'ing and emailing / hosting them on the internet so we mere mortals can get hold of them.... ... or are you just boasting about the ones you have ?

Bounced again because I need to get my court bundle out

*** Update **** I've just received an offer to my old address... for the full amount including all costs. They've tagged on a non-disclosure element to the offer, so I'll be arguing to have that removed and then celebrating in style. Leave off the ** WON ** for now.... just until I get the non-disclosure removed.

Briggsey - from your fellow judge AQ in S****horpe.... I've just received my letter for full settlement too. Although I'm going to argue the non-disclosure they've tagged on the end.

The solcitor was an early 40's type - very well up on the law - but very bad on the individual case. Very surprised he hadn't even seen my defence - and more so that he wasn't aware of the contents of Ms Kirkmans application. What I did sense though that he was working purely to instruction - his client being Abbey told him to go to court and accept nothing less than a set aside ( as I got the impression that when the judge started saying I know you have no intention to actually defend in court ) - that he knew it wouldn't get to court yet his instruction was obviously contradicting what he should do.

OOo - Just thought of something else from Today. When the judge was mentioning that Abbey / "The Banks" don't turn up and settle early - The Abbey Lawyer quoted an Abbey case on the 26th June in Coventry where Abbey "Won" Obviously I asked where the evidence of this was - and under what circumstances they were awarded the decision - and the chap didn't have details. The judge questioned further - but dismissed it anyway. In fact, the Abbey chap was rather badly prepared - he hadn't even seen a copy of my defence - and is copy of the application evidence was 2 pages shorter than that of the courts

OK folks - here I am. Has been a long day, as I had a 320 mile journey to make after court for work. Lets start with the bad news : The application was accepted and the judgement has been set aside. Now let get to the positive stuff and breakdown how my day will mean success for others. First of all, the biggest surprise of all, was that Abbey sent a solicitor/barrister all the way from Manchester for the hearing. He had been there for 90 mins before the court hearing time - so that won't have been cheap. We went in and had about 20 mins of questions. The judge was very happy with all my witness statements and generally picked holes in the Abbey shoddyness. He was certain that the Abbey had not filed on time - and certainly picked up on my notes about how everything else was post and fax - yet the defence was 'only' by post. He also asked why Abbey, a UK company was sending documents with "England" in the address label, and then went to on elaborate on Ms Kirkmans ( The abbey solicitor in London) phraseology. Certainly by the wording it prooves that Abbey are sending the documents out AFTER the deadline and back dating them - for which he was not a happy bunny about. However, under law, if a defence is filed late yet there is an honest intention to defend the case - then he has to let the case be defended and this is the crux of the set aside. Please note for people who are trying to avoid setting aside a judgement at this phase - THIS IS WHERE YOU NEED TO POINT YOUR DEFENCE Whereas the judge today had a real go at the Abbey solicitor basically saying to him "I know you have no intention of defending - so why are you doing this". He picked up on the 1000's of other cases going through the courts and stated that none or very very few are actually argued in court. He commended me on the opinion that it was an Abuse of process that the banks are using the court as a delaying tactic - and was actually leading me along this path. One of the biggest points here was that he was willing to accept proof of abuse as being enough evidence to let the judgement stand. Unfortunately the only case numbers I had in my evidence pack where those who had settled - with no reference which have applied / been granted abuse / costs. IF YOU ARE TRYING TO PREVENT A STEP ASIDE - YOU NEED TO INCLUDE A LIST OF CASE NUMBERS THAT HAVE BEEN SETTLED AND HAVE SUBSEQUENTLY APPLIED FOR ABUSE OF PROCESS With the judgement being set aside, then it was proceeding forward. He instantly dismissed the need for an AQ "To prevent it being dragged out even longer (he said staring at the Abbey lawyer ) and obviously set the amount at £100 and asked me if I wanted 14 days to pay it. I said I would do it ASAP to get and earlier court date and he reduced the period to 7 days. He then went on to costs - as the application for aside had been successful. The Abbey lawyer shuffled some paper and the judge butted in that because the whole debacle has been brought about by Abbey not filing on time despite having the resources to do so - he was awarding the costs to ME !!! We got on to talk about me taking half a days holiday to present myself - so he said it would be a half a days pay. The normal Small Claim AQ fee for this is £50 a day - so that's what he awarded. The Abbey lawyer picked him up on a technicality of it only being a half a day - so "shouldn't it be £25 ??" Well the judge decided that because as yet the AQ stage hasn't been reached - and therefore the rates of the small claims court were not actually enforcable - then he was saying £50 as a guideline - and what is my actual salary. He got a calculator out - took my basic salary, took off tax and NI - then pro rata'd my holiday allocation etc etc etc and then it came out at £116 per day. At which the judge then asked the Abbey would they like reconsider accepting the £50.... So thats it really. £50 costs awarded to me payable within 14 days, £100 due for the AQ fee in 7 days AQ dispensed with Court date to follow with notes on the case file that should Abbey fail to defend - then they will be immediately liable for Abuse of Process.

Well here we go... Court in the morning

As per this thread = http://www.consumeractiongroup.co.uk/forum/hsbc-bank/86012-elisedriver-hsbc-2.html DG Solicitors have failed to submit documents as per the instructions on the allocation to the small claims court hearing - specifically these instructions that were sent out a few weeks ago. They have also missed : So - other than wait until the hearing in September - what can I do now ????

Ok, the bank has missed their deadline to file : They have also missed : 3. Nothing in this order commits the Court to assess the defendant's charges at any particular amount. The Court also Directs: So - other than wait until the hearing in September - what can I do now ????

It could be the usual 8 pint Monday evening in the working mens club in the village speaking here.... but..., I think I'll wait for a better offer... The court bundle will be delivered and the fact the DG Solicitors have no chance of filing as per the courts request is leaving me in an euphoric mood ( or is it the Guiness ? )

Oooo.. a little snippet of extra information here. My special delivery was sent to Ashurst Broadwalk House 5 Appold Street London Which is precisely the address given on their court papers that should be used for all correspondence. According to the Royal Mail - that is in fact a Postal Box which they have to empty themselves, i.e, they come to the Royal Mail and collect. Whereas my Special Delivery entered their PO Box at 5.30 am on the 26th June - ASHURST have not been to collect their mail since !!! Surely this is a bit of a lax attitude to time sensitive court papers ???

Thats pretty much what my letter says - But also grinding the axe a little further by pointing out they've not updated their records with my new address, nor actually looked at what bank charges I have claimed According to the court, DG Solicitors haven't filed anything at all yet

Natalie - It would have been delivered on the 26th June and being totally honest, I do not expect to hear anything at all now until the court date. I will attend the hearing on the 10th and hopefully it will be prevented from being set aside.

Less than 72 hours left for them to file with the court - and out of the blue I get this from HSBC themselves. Noticeably it is / has been : Sent to the wrong address Not via the solicitors Is for less than 1/2 the claim Is arguing Overdraft interest - which isn't in the claim anyway I guess I'll wait the remainder of the time and just go for the full lot - although I will reply to this is decline their offer AND point out they only have 24 hours to meet the instructions of the court.

Nothing as yet for me ( identical to Briggsey case ) However, being ahead of the game, I've filed my court bundle with the court and DG

Bit of a bounce here....

Identical and templated defence submitted mate Here's mine : http://www.consumeractiongroup.co.uk/forum/barclaycard/82629-elisedriver-barclaycard.html When you actually get a notification of a court date, get your court bundle prepared. Now is a good time to write to the court saying "You are aware that an AQ may not be required for this case.... " and try and get the draft order for directions applied. (as per the sticky threads above ) Hopefully then a Notice of Hearing will come with the draft order already attached. Then it's down to Nudge letters a) to show that you are making the effort to settle prior to the hearing b) to keep the pressure on Barclaycard.

You wanna know just how satisfying this is.... And yes - thats the Court and DG Solicitors copies My copy is in a ring folder with the original / master documents in

Heres the notification of the Hearing : ** update ** The Court Bundle is due on the 5th July, but I've managed to get it all compiled already - all 218 pages of it. Just need to print 3 copies off now

Natalie PM me your email and I'll send it across as an Excel spreadsheet to you. Don't forget : Replace "DP" with your own initials Change the header and footer of the excel spreadsheet with your own court case number and new Exhibit Number

Exhibit DP02 is of course a spreadsheet of all the completed claims against Abbey where Abbey have paid out. Whereas this site did produce this document as a GIF image, I have converted it to an excel spreadsheet to apply formatting and a heading for it. It also helps show that this court process is being used for small claims between £175 and claims as high as £10,000 - all being settled by Abbey.

Ok... here's what I am going with.... and I'll be printing at 2.30 and getting in the Special Delivery post.... unless I hear other recommendations As Above to Number 10 - then: 11. The Defendant filed an Application for the Judgement To Be Set Aside on or about the 11th June 2007 (the document is undated), processed by the S****horpe County Court on the 12th June 2007. Included in this application were Exhibits “ICK1” and the “Witness Statement of Inga Catherine Kirkman”. 11.1 In Exhibit ICK1 , it is noted that they have included documents marked “Without Prejustice” . It is my understanding that this is a legal phrase that allows parties to discuss and negotiate a settlement to a legal claim, without admitting liability. Any documents headed "without prejudice" cannot be used in evidence in any subsequent court case without the permission of both parties. No permission has been offered or granted by myself to anyone for use in this or any other case. 11.2 In Exhibit ICK1 , it is observed that all documents to prior to the submission of defence were submitted by phone AND fax, complete with appropriate proof of delivery. For the actual submission of defence, there is no proof of delivery , postage nor has the defence been submitted by fax as per their previous submission procedures. 12. I am aware that to date the banks frequently fail to defend a case in the courts and that they often use the court process to extend and delay the period of time within which they deal with these matters satisfactorily. 12.1 The claimant is aware of multiple cases where Abbey National are failing to submit their defence on time – utilising the “Application For A Judgement To Be Set Aside” as an additional path to delay procedures. An example of this practice is the current on going case 7QZ63319 in the Northampton County Court, where identically the Abbey National delivered all the documents prior to the Defence being submitted by post and fax, yet mysteriously failed to file a Defence. The Defendants then applied to have the Judgement set Aside, supplying a Defence document dated 4 days prior to the deadline for submission – again without any proof of delivery and ceasing to fax documents – identical to this case. 12.2 I have included Exhibit DP02 , a non-exhaustive list of completed County Court cases. This list is where Abbey National have been the defendant and settled immediately prior to a hearing in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. 12.3. The Claimant believes that if the Defendant does not have the serious intention of defending this claim at trial as is indicated by its defence – as demonstrated by their recent history in Exhibit DP02. 13. The court is respectfully requested to reject the application to make the Order to Set Aside Judgement. 14. I believe the facts in the witness statement to be true

Natalie Could you possibily PM your court claim number through to me, as I'm giving examples in my defence where Abbey are using this method as a delaying tactic, aka, Abuse of court process. For your reference, mine is 7SC00350 in the S****horpe County Court.