£1091 won today. http://www.consumeractiongroup.co.uk/forum/abbey-bank/25082-abbey-defending-claim-advice-2.html

********************** WE WON!********************* Abbey didn't turn up. The Judge was a miserable old git, but I guess that doesn't matter. £1091 or thereabouts; plus removal of default. Can't recall the detail at ths stage, but he did make it clear that legally he can't force Abbey to remove the default, so there is no Direction on this, but Order he sends out will include a request that they do so. So we might have to go the Banking Ombudsman..... guess we'll see what Abbey do next.

In court tomorrow at 2pm. Feeling comfortable with the argument, supporting evidence etc. Happy with how to make a deal if Abbey choose to do so before the hearing. Only concern - I've not recieved any type of correspondance from Abbey by way of settlement offer: we've moved house since the claim started, and despite writing 2 letters informing them of the new address, they still get it wrong..... Nor have I recieved a copy of the documents they are relying on; surely I should have done? I'd assume that they will either not turn up, or will look make a deal before the hearing. This is quite exciting really!

Robertxc Thanks for your reply - I fell happier now. Good advice on the their approach to removing the default. I've already experienced their 'its not easy to do' comments. Yep - the POC has been changed so removal of the default is included. The form confirming hearing date states that each party has to submit, in writing, the documents we're relying on (i.e. the court bundle). But I'm not sure what, from a legal point of view, to submit re: the default issue. Any thoughts?

I managed this - I wrote in to the court and asked that the POC be changed to include the default on the basis that it resulted from the illegal penalty charges. http://www.consumeractiongroup.co.uk/forum/abbey-bank/25082-abbey-defending-claim-advice-2.html#post942058 Still working to get it removed though - court later this month!

Bump. Any advice on the default is very welcome guys....

Having been away from the site for some time, I've only just spotted the excellent post on the process for getting default removed from the file.... http://www.consumeractiongroup.co.uk/forum/legalities/11659-how-get-your-default.html?highlight=default+notice So another question: How does this impact my hearing? Should I pursue this strategy alongside the upcoming hearing? Could really do with some guidance on this.......

Right - we're going back to court. Wrote to Abey asking that they remove the default and cough up the cash. They didn't reply in the timescale I gave. Wrote the court, and have had a letter bac confirming: We're in the small claims track We have a hearing on 30th July at Winchester We need to send in the documents we're relying on 2 weeks before. I'm happy with the documentation relating to the penalty charges claim. But what do I send in on the default? Got a credit report which clearly shows the default being added to the account well after the claim against Abbey had started. I doubt this is enough though? Any advice very welcome on this.

Well its taken the court 2 months to get back to us - short staffed apparently. This is the wording on the 'General form of Judgement or Order' we recieved: 1. The case is adjourned generally with liability to restore and struck out at 4pm on 23/7/2007, unless request to restore is recieved by then. 2. Any request to restore by the claimant must be accompanied by a statement setting out: a) The remaining issues to be solved b) The remedy that the claimant seeks in respect of the issues 3. If the only remedy sought is an order directing the removal of notices of default from the defendents internal records permission is granted to amend the claim in that regard without further formality. 4. If the claimant complies with paragraph 3 the defendent is at liberty if so advised to file and serve amended defence within 28 days. 5. With te statement and defense each party is to provide any further information updating that given in the allocation questionnaire. 6. Upon expiry/compliance with paragraph 4 the matter be referred to the District Judge for further directions. 7. The mater be transferred to Winchester County Court for convenience of the witnesses. So: the defualt removal is now included in the claim, which is good. I plan on writing to Abbey asking, again, that the default be removed (in addition to refunding the fees). How long should I give them to comply with my request before I go back to the courts? Any advice on how to word my request?

Had the Allocation Hearing on Tuesday…..was quite interesting, not quite what I expected, and overall I think very positive. Abbey had sent a letter saying they would not be attending, since they thought that settlement had been reached. The judge was quite surprised to learn that from our side we were nowhere near settling, specifically because of the default issue. The main discussion centred on the default….I pointed out that although it had not been on the original POC, we had written to the court and Abbey very early on in the claim to ask that it be included, given that it is the disputed charges that directly led to the default. The judge said that, as far as he was concerned it should be included, and was surprised that Abbey had ignored the issue. I pointed out that they appeared to be ‘stalling’ on this issue, and were not being cooperative. There was no discussion on 26.8 c or g; nor on the issue of standard disclosure. As far as the Judge was concerned it would be a matter for the small claims track….depending on the default issue. Can’t help wondering what the point of the hearing was really….. The outcome is that the judge is sending out a direction that the case is ‘Adjourned generally’ until 23rd July. This means that I can recommence proceedings if I am unable to reach an appropriate settlement with Abbey; if the issue does not come before court by 23rd July then the claim ceases. He stressed that he would rather the issue is sorted out without a courts involvement. The good bit (I think!) is that the direction states that the default issue does form part of the claim, and that if the claim goes back to court due to my request, Abbey must provide a full defence regarding their approach to placing defaults in relation to the charges. If they do defend this then there may be further consideration of the claim track. I’ll post the wording of the directions when we receive them through the post. My plan from here is to write to Abbey asking that they remove the default, and giving them a set time to comply…else I’ll take it back to court. Any thoughts on this? How long should I give them to comply?

Abbey just phoned. They are 'looking into' how the default got placed against the account, and what they can do to remove it. Said they will come back to us if there is anything they can do. They've written to the court saying they are not turning up tomorrow...on the basis that they thought the claim had been settled. Interesting comment to make since we only recieved the offer letter on Saturday. Is it appropriate for me to raise the default notice issue in the allocation hearing tomorrow? The request to remove the default was not on the original particulars of claim, but we did write to the court requesting that it be added as soon as Abbey put in place.

Thanks Glenn What is a Tomlin order?

Spoke to Abbey this morning. They basically said tough luck on the additional charges - suggested that I start another claim! They are currently 'looking into' the default and will come back to me later today. On the plus side, they made it clear they don't want to have to go to the hearing tomorrow, and asked that if they sort the default out today, will I drop the case. I've asked that they email me a scanned copy of letter confirming removal of the default and a scan of the cheque. Will be interesting to see what they do..

Okay - so I'll try to get the default removed due to the banking code, and I'll look to negotiate the settlement figure. I will turn up to the allocation hearing. However, do I let the judge know that I am in reciept of written confirmation that Abbey do not want to pursue? This is clearly stated in their offer letter.

My girlfriend recieved a letter from Abbey today - offering to settle in full! Needless to say we are delighted. Many thanks to the guidance and advice offered by posters on this site. I do have a couple of further points and questions: 1. The figure Abbey have calculated as ‘full settlement’ (about £1100) differs from our figure (about £1250)…..Abbey have been adding interest etc since we brought the case. 2. A default notice has been placed on my girlfriends credit rating, again since we started the case. The settlement letter makes no mention of Abbey removing this (we have previously asked for this). I plan on phoning them on Monday and negotiating the figure, and asking that they remove the default…clearly I’ll also put this in writing. So…should we turn up to the allocation hearing on Tuesday? Is it likely that Abbey will be awkward on removing the default?

GaryH Many thanks for your suggestions. I plan on spending some time Thursday getting my thoughts and documentation together, so will no doubt have some further clarification questions then. In the interests of clarity, and since my issue isn't really related to the core of this thread, I'll post all further questions etc on my thread in the Abbey forum: http://www.consumeractiongroup.co.uk/forum/abbey-bank/25082-abbey-defending-claim-advice.html#post488105 Cheers

Thanks for the comments..... Its Abbey We're going to Statford-on-Avon County Court Section G did include the standard disclosure request. Apologies for the double post!

Thanks for the replies…I’m feeling okay about the allocation hearing, but do have a couple of questions which I hope someone can advise. (I’ve also asked the same on the ‘new strategy’ thread!) The reason for the hearing is: To consider the extent to which disclosure of the defendents charging regime s required to achieve a just and proportionate outcome to this action and whether the small claims track is the appropriate track having regard to CPR26.8 © & (g). So my questions: 1. Am I okay to suggest the judge consider a draft order of directions to address the disclosure issue? How do I do this? Do I need to write a letter and hand it over? 2. Does anyone have any thoughts or comments on CPR26.8 c (the likely complexity of the facts, law or evidence) or g (the importance of the claim to persons who are not parties to the proceedings)? Nutty – sounds like you had a tough day; I guess you caught a bad judge on a bad day! Keep going and good luck.

I hope I'm not being rude jumping on this thread to ask my own question....from the excellent content here I think I might get a useful reply! I submitted my AQ in November, and have an allocation hearing on 23rd Jan. The reason for the hearing is: To consider the extent to which disclosure of the defendents charging regime s required to achieve a just and proportionate outcome to this action and whether the small claims track is the appropriate track having regard to CPR26.8 © & (g). So my questions: Am I okay to suggest the judge consider a draft order of directions to address the disclosure issue? How do I do this? Do I need to write a letter and hand it over? Does anyone have any thoughts or comments on CPR26.8 c (the likely complexity of the facts, law or evidence) or g (the importance of the claim to persons who are not parties to the proceedings)? Regards all

I too have an Allocation Hearing on 23rd Jan.... Would love to get some insight ointo what I can expect.

Has anyone had to attend an Allocation Hearing? I'd appreciate some guidance on what I can expect.....

I think I should change my name to 'confused'! I spoke to the court to ask why they hadn't stated a date for me to provide my various documents and whetehr the deadline would indeed be tomorrow.....as it turns out the date for 23rd January is for an 'Allocation Hearing'; not the acyual hearing as I thought. Apparently the judge at Stafford County wants to decide which track the claim should be addressed under. Given the claim is so small (£1100) I am confused. Can anyone advise as to what this hearing will actually involve? I was told that I do not need to send anything - simply to turn up!

Thought I'd provide a brief update on this....... Things progressed, and we got a court date - 23rd January. We ended up having a couple of telephone discussions with Abbey's internal legal people who have taken over from DLA Piper. On one call a person (who I won't name) said "Oh yes I have a post-it note here with all your notes on it!' Do they take these things seriously!? I'm also as disorganised and it was only this morning I realised we had to get documents through to the court...... by tomorrow! The days do creep up on you over the festive period. Fortunately we have all the relevent correspondance, statements etc. ready, and with the help of the court bundle provided on this site I have put everything together. Skiving work tomorrow to hand deliver it all......! Have made a new year's resolution to be more organised.

Thanks for the suggestions. Having spent some time ploughing through other threads, am feeling far happier now. AQ goes out today, along with copy of the schedule to DLA. This is fun!!

Hi Sorry for jumping on anothers thread! I've recieved an almost identical letter from DLA, so am sorting out my reply now. I wondered if someone can give me (and I guess Moneypenny) some confidence here.... Is this normal from Abbey? Have other people ended up dealing with DLA and won? Cheers