PM'd a few Mods - no response as yet I think it's starting to flow ( helped by taking a couple of minutes out to send 2nd Nudge letters to two other cases I have on the go ) Thinking now to fill 11. in with the details of their claim to have it set aside then with 11.1 11.2 11.3 sub sub paraagraphs to pick apart their supplied statements and evidence then with 12. to state that they failed to supply a copy direct of their claim to me, relying on the court to notify me of their application. Then 13. with my statement about Abuse of Process, quoting evidence DP02 - being a list of court cases where Abbey have settled in S****horpe Court before the court date. That obviously means that I write a separate evidence sheet called DP02, which is a list of cases from this website of know Abbey cave ins Does this sound like the correct approach ?

Here's what I've got so far Now what I need to get into this is picking the oppositions witness statement and evidence apart. I need to point to how their evidence pack has letters marked "Without Prejudice" how there is no evidence that they actual sent a defence to the court how everything else was sent by post and fax, yet the missing defence was only supposedly sent by post how Abbey are using this as an Abuse of court process to delay paying out how Abbey have no intention of defending the case, as they have not in any of the other S****horpe or other County Court cases Any Help at all will be greatly appreciated

Ding - that is precisely my case + more stuff to boot. I really just need advice on how I present this argument for the hearing.

They didn't file a defence with the court until it was part of their application to have it set aside ie - if they sent one at all, it was never received by the court. The interesting thing is that all other documents were sent by post AND fax - whereas the actual defence was "By post" only.

** bump **

I'm trying to desperately produce a witness statement and exhibit to file with the court before tomorrow to be held with the hearing which ABBEY have applied to have my Judgement Set aside with. I've already started my Witness Statement, which is the timeline leading up to right now. However, what I need to do - and have no idea of how to do - is : How do I put my arguments against the evidence that the Abbey have supplied. Namely, their Exhibit ICK1 contains letters marked "Without Prejudice" for which no written consent has been gained to use in court Their acknowledgement of service was received on time when sent by post and fax, yet there defence was only sent by post, they have no proof of delivery and it was not faxed - and funnily enough it was not filed at court until after a judgement was received. I then want to go on about how I portray this application as being merely a delaying tactic by Abbey who have no intention of defending in court, as they always settle before hand. please help - seriously getting stuck on this one

Looks like Briggsey is in the same court on the same day as me... as I've got exactly the same allocation.

Star ! Answers my question - and then makes you wonder how a solicitor can then submit evidence marked as such without permission.

In abbeys application to have their judgement set aside, their own solicitor/witness has submitted an Exhibit that includes a letter that they sent to me marked "Without Prejustice" I thought they couldn't be used In many respects I hope it can, because that very same letter has blinding mistakes on it that I could use to prevent the judgement being set aside

*** BUMP ***** HELP - How can I prevent it being set aside ??!?!

Not only can I proove that I did - but the court ALSO sent Abbey the change of address

I think I need to also get across that : Abbey have multiple other cases pending and never intend to get to court The application to set aside is merely a delaying tactic and a further abuse of the court process

**bump ** Got the application from Abbey now They are applying for The judgement to be set aside Costs against me for their application to be set aside. The application contains a witness statement from Abbeys solicitor stating that she filed the notice of intention to defend . She also states she sent the defence on the very last day of the period. She also states she sent me a copy of the defence - which was to my old address, despite her and the courts receiving a notification of change of address over 14 days prior. She then includes her copy of the Acknowldgement of service, sent by post and Fax including fax transmission report. She then includes her copy of the defence, notable by Post only despite not enough time for it to be received before the deadline. also a lack of recorded delivery or any receive acknowledgement. She then includes her copy of the covering letter with my incorrect address on it, as proof that a copy was sent to me. EEEKKK So what can I do now ?? Obviously I need to attend the hearing, but how can I prevent it from being set aside ? Noticably, I need to get the following points across : The court was not sent a timely copy of their defence : The have not faxed a copy or the court has not received a copy of the defence : They have failed to send documents to me in a timely manner or to my correct address : The solicitors and contact details are not the same as those they filed on the Acknowledgement of service HELP What do I do now ???

No negotiation what so ever. Since we're now effectively in a Stay situation before the decision about AQ's being allocated, then it's hard to chose the next route. If they get awarded a Stay, then it'll be the delay for the AQ.. then the delay for the court date.... I think the timely resolve would be for me to prevent the stay and get the judgement to stand.

Well i knew it was too good to be true. Just as i was filing for a warrant of execution, ShAbbey have filed for a stay on the Judgement that was passed. I've now got a Stay hearing on the 11th July 2007, which I intend to attend and try and prevent the stay being passed. Given that we all know the banks will not actually have any intention of going to court, then what do you think my chances are of getting the stay put aside ? What can I present at a stay hearing to prevent the delay being issued ?

Well I just tried to apply for a warrant of execution, as nothing has been received from Abbey - and I've heard that they've filed a request for a stay. The hearing is on the 11th July : so I'm hoping to get some paper work drawn up and attend the stay hearing. Hopefully, if I can word it sufficiently, then i can proove that they have no intention of actually defending and the whole stay is about an abuse of process.

With a court date looming in August, I'm trying desperately to get my court pack ready. Whereas with the other banks, I've managed to get enough T&C's compiled for them, I'm suffering a severe lack of T&C's for Barclaycard. Ideally I'm looking to cover April 1998 right up till January 2006 - but if anyone has any to offer, it would be appreciated.

It appears I've no AQ to complete and that a court date is about to be set. I've already written a letter to the court to see if I can propose a draft order, but after using the search function on here for the last hour, I'm having difficulty in finding a good template to use as a nudge letter to DG. I'm hoping to show negotiation on receiving settlement before court - and anything that speeds things along is good in the eyes of the court. Does anyone have any good suggestions ?

As received :

Ooooo No AQ, no £100 AQ Fee. Just straight to Small claims court - with a court date of 20th August @ 12.00 in S****horpe .

Unfortunately, I was in the same situation as you with three of my claims. HSBC were late getting there defence in - but still managed to sneak it in and have it accepted. Abbey were also late - and whereas I have judgement by default already awarded, I'm expecting Abbey to file for a stay to delay the payment further. Truth is, you don't know where it's going to go until it happens and you have the cash in your hand. Phone the courts up if you can and speak to the clerks, they're friendly and helpful and they will let you know if HSBC have managed to get paperwork in by the back door at the 11th hour. If they haven't, apply for judgement anyway - because until the courts process your request for judgement, they may still accept incoming paperwork from the defendant.

Just received in the post : Now I'm not going to get too excited about this - because I'm sure it was just an admin error them not filing with the court : and they as for it to be set aside, or stay etc etc But is this a good thing or not ??

As per my other thread elisedriver vs HSBC, DG Solicitors have submitted a very short defence at the very last moment. They haven't sent a copy to me, so the court has sent me a copy instead today. What is surprising is that with a copy of the defence, there is a 1 page sheet to me : Shouldn't the £100 normally accompany the AQ - or at least if the AQ is being disposed of, shouldn't I be notified of it ??

Well, here it is - shorter than all the other defences I've ever seen

The court has kindly forwarded me a copy of the defence : Some initial thoughts : Para1 is completely irrelevant, as I filed against Barclays Bank WHY ARE THERE TWO PARAGRAPH 12's ?? Why is the defence dated 23rd May 2007, when it wasn't transmitted to the court for another week ??