Crikey, that is a question and a half. I don't know the answer but would assume that if it doesn't go before the same Judge the Judge reviewing the application will concur with the Judge who made the order originally - its much quicker for them and takes up less court time! Maybe I'm just being daft - I dunno!!

Hi PSM Thanks for your reply. I have used Gary's witness statement and bundle and am tweaking it at the moment. I am fully expecting the stay but understand the application to strike out will be heard first and quite concerned about this bit really. If the Judge agrees with my order for directions he will order the Abbey to disclose the true cost of manual intervention etc etc within 14 days. I am pretty much certain that the Judge will order a stay in any event regardless of my application

Hi All I have my hearing to strike out the Abbey's defence on 24 September. Starting to get a little worried seeing as not used to speaking up for myself in Court and am finalising my bundle so it is with the court no later than 14 days before the hearing. Has anyone been successful in having the Abbey defence struck out thus far? I'm assuming my case hasn't been stayed as yet because I had already filed this application in July. Any suggestions greatly appreciated. Ta Sue

Hiya Just letting you know that to date my court have not received any application from the shabby to stay my claim which is being heard on 24 September together with my application to strike out their defence. Shabby have written to me saying they will be applying for a stay but so far nothing. My case is being heard at Bow like Lee so probably will get stayed but as I said nothing from Shabbey yet. Sue x

Hi Gary Applications to strike out - do the Abbey generally aim to settle if you file one of these? I have filed one and it is going to be heard at the same time as my hearing in September. That Inga woman at Ashursts doesn't seem interested in settling and I've had the standard letter regarding claims being stayed. So far my Court haven't received an application to stay. Just wondered if you might know the state of play seeing as I'm getting myself into a bit of a nervous mess here! Cheers Sue

Yep I have had a good read and am going to be working on my bundle this week. Was thinking of trying one more time to get Inga to make me an offer but I don't hold out much hope! I have already submitted an application to strike out to the Court which will be heard at the same time as the main hearing but she wasn't interested. Hey ho one last attempt will show the Court I tried to settle I guess. Sue

Hi Lee Firstly, happy birthday for 8 August - I was on holiday at the time and had a drinkie or two for you! Glad to hear you have finally got your court date from Bow - they take an eternity down there. I had a notice from the Court when I got home to say that my application to strike out the Abbey's defence will be heard at the same time as the main hearing. I also had the standard letter from the Abbey saying that they were applying for stays on all cases. I contacted Bow today and they have told me that so far they have not received any application from the Abbey as yet. Before I went away I did send Inga an email to see whether they would be interested in settling but she sent back the standard OFT case and staying all cases email so I got a bit narked and told her I'll see her in Court lol Not sure whether I should send a final attempt to settle letter now giving them 7 days or just file my bundle and let them know I mean business! It would be nice to have your views on this. Sue x

Hi PSM I have just read your thread in its entirety and I am delighted to find that you didn't find the hearing too intimidating and that the Judge was sympathetic. I think the Abbey are grabbing at strawers to be honest and don't want to settle cases unless they have to however it only takes a couple of Judges to decline any stays to keep the revolution going! I hope they aren't granted a further stay in your case and that the Judge makes an order in your favour - I look forward to reading the next chapter in your case. My case is listed for 24 September together with my application to strike out but have like you received the standard letter seeking a stay. I understand from Leecabs that my local court aren't staying hearings so I am now preparing my bundle. Thanks for the useful advice as I can see me cutting and pasting quite a bit of your statement into mine! Regards Sue x

OOps forgot to say, I responded to Inga's standard reply thanking her for taking the time to consider the contents of my message and that I looked forward to seeing her in Court! Bloody cheek not even considering to settle!

Hi all Just a quickie to bring you all up to date on my case. My local Court are taking ages to process things however the AQ went back and I got a court date for 24 September. Since then I have filed an application to strike out together with draft directions which have only just been put before the Judge. I understand from the Court that the Judge has ordered that my application be heard at the same time as the actual hearing itself - Starting to get worried now. They Abbey don't seem to want to get shot of me and pay me off. Am off on holiday tomorrow without having heard from the Court and will only return 3 weeks before the hearing. Has anyone got any suggestions as to what I should do? I have emailed the "lovely" Inga and suggested they take a commercial view and settle this claim but she just sent me a standard reply to the effect that as the OFT had launched this case I would be hearing from them shortly. If they apply to have the hearing stayed can I argue the point with the Court/Judge and insist it goes ahead? I just want to see an end to this now as its been going on for so long. Any suggestions would be most welcome. Sue

Hi All I sent my local County Court an Application to Strike Out on 20 July after having my hearing set down for 24 September. I haven't heard back from the Court yet but have asked that the application be put before the judge as a matter of urgency. I have basically asked for the Defence to be struck out as an abusive of process pursuant to rule 3.4(2)(b) of the Civil Procedure Rules and that they have filed a template defence then subsequently settled. I've said that their strategy is a flagrant abuse of the public resouce and contrary to the overiding objectives of the Civil Procedure Rules etc. If not struck out I have asked for the judge to order directions whereby the Abbey shall serve a response to my schedule stating which contractual providision each charge was made and to produce contractual documentation, whether each charges is accepted to be a penalty and if not why not, if such charge is alleged to be a pre-estimate of the Defendant's loss incurred by my actions all facts and matters intended to be relied upon should be disclosed and if the charge is not a pre-estmate of the Defendants loss then they should produce evidence that the charge was fair and reasonable, provide witness statemens and copies of any cases decided and other legal materials relied upo. Not sure whether the Court will do anything about it but hopefully it will get the Shabbey moving on offering me some money!! Sue

Help!!! Does anyone have a copy of the September 1994 terms and conditions? I need to file my bundle ASAP but can't find these conditions in an archive. All help would be greatly appreciated. Also, if anyone else is going through Bow County Court and has filed their bundle already could you get in touch. Ta xxxx

Hi Lee Its interesting to see how you are getting on at Bow CC. My case is list there too as you know. I filed my allocation questionnaire there at the beginning of June and have had a date for my hearing returned to me for 24 September. I've had no offer from the Abbey at all which makes me quite mad but I'm also worried they are going to go the course with mine! I did ask for a hearing to have their claim struck out funny enough but I don't know whether the Court have sent this on to them. Should I have been notified? Grrrr getting frustrated now! Good luck drafting your letter. Sue x

Hi Lee I too have my case going through Bow County Court. Received my allocation questionnaire today - my claim is for over £5,000 with interest and am beginning to get very worried! I've updated my thread and hope someone can help me out here as I just want the bleeders to settle!! Good luck with yours - expect you'll get an AQ too if its the same judge that deals with your forms. Keep me posted how you get on Sue

Hi All Have received a flippin AQ from my local court. What do you think I should do? Fill it in and ask for Abbey's claim to be struck out etc? I can't understand why I've received one of these when most people don't seem to be receiving them. Getting a bit worried now in case I end up losing!! Any advice? Sue

Hi all Just a quick query. Since my claim was transferred to my local court I haven't heard anything further. No AQ has been sent to me and according to the clerk at the Court my claim is still before the Judge. Since my last posting I have sent the Court a Schedule of Charges together with a copy for the Shabbey. Is it normal to wait weeks? I'm getting nervous now - can't they Shabbey just role over and gimme me money??? Please tell me its all going to be OK lol Sue

Cheers Charley. Lula, any advice my lovely? I was thinking of sending a copy of my schedule (as amended) to the Shabbey even though they I failed to include a schedule with my particulars. What do you think? Thanks for all the help guys, reading the threads has been a real eye opener. Sue xxx

Hi All Have heard from Northampton that the Shabbey are gonna defend - the swines - and indeed have now received the Defence. However, the claim has been transferred to my local court with a direction from Northampton that no allocation questionnaire be issued unless my local court wish it. What happens if they don't want an allocation questionnaire? I have to amend my claim slightly so may have to put in an amended claim unless I correspond direct with James Arrandale etc at the Abbey. Any advice gratefully received - ta muchly xxxx

Tinks, I am so so impressed with your thread - I have read it from beginning to end! I was beginning to get cold feet myself having submitted my MCOL claim only a short while ago and the Shabbey blighters have decided to defend. You and the people who have responded to your posts have given me renewed hope to carry on. Well done on a splendid victory xxx

Thanks Charley, I'll send a covering letter to the Abbey and copy it to the Court. Fingers crossed the Shabbey cave in!!

Ta Charley. I forgot to send a schedule off when I issued so I am thinking of sending one to the Abbey and copying in the Court - what do you think? Also, did you claim for interest they charged you while you were overdrawn and Int Debits? If I deduct them it takes a good bit off my claim

Dear All Have issued my claim on line and have received an acknowledgment today that the Abbey are going to defend my claim. What do I do next? Is it time for me to start worrying and putting my bundle together? I only wrote to the head office once as I was corresponding with Milton Keynes, is this going to be a problem?? All help gratefully received. Thanks Sue

Well done you xxx

Righto the Shabby swines are not playing ball and its time to issue proceedings. Bit daunted by it to be honest but determined. Is it easy enough to follow the N1 instructions and get this dealt with fast track and do I issue in the county court as the whole sum claimed is more than £5,000? All advice greatly appreciated Sue x

Dear All A little bit nervous as I have had all the standard fob offs from the Shabbey and had a good will payment etc, etc but the time has come for me to issue Court proceedings and to say I am poohing my pants is an understatement. I am so nervous I have even lost my way to the templates can you believe!!! Any advice would be greatly appreciated on how I should take this next step to getting back my money. I know the Courts will be closing for Christmas soon as I would like to get my form in and grant the Shabbey an extension if I have to. Sue xxx