NN v Abbey - *settled in full* at last WON WON WON

[rambot]

With reference to the letter I received from the Leeds office today, DATED 22nd JUNE 2006 I can confirm that I am not agreeable to the judgement being set aside.

I do not believe that this matter is an oversight, as you state. There is a least one other person that I am aware of who filed a similar claim against Abbey on the same day, was awarded judgement by default on the same day, and who today received the same reply from yourselves.

 

This would appear to a regular practice in your representation for Abbey National PLC and is rather too common to be a mere "oversight". This being the case, it represents a serious misuse of our judicial system.

 

 

If you are not the person dealing with this file can you please forward this to whoever is dealing with this claim.

 

Yours Faithfully.

 

 

 

Can anyone just have a last look at this before nnelson and myself send it off before the 5.30 deadline ha ha

[rambot]

already sent the first one. would it be advisable to now send a revised email as you suggest. would that be the done thing or not.

[rambot]

Thank you.

 

I have had an identical letter from the other person you refer to. I will therefore respond the same. Please accept my assurance that this was an oversight, although I appreciate your position and as such an application will be made to court to set aside the judgment.

 

 

this is the reply i have just had to my email. any comments.

[rambot]

sent to andrew horton and david cook.

this reply is from andrew horton.

 

the only thing we havenmt mentioned anywhere is about whether we execute the warrant or not. or just wait for their next move first

[rambot]

no my claim was from the statements and was exactly the amount claimed, the only thing i had trouble with was working out the 8%, i could not fit al the wording on the claim form so left a couple of bits out. but i am not too worried about the 8%, the whole figure is enough

[rambot]

is it worth us both sending a breakdown of our charges now while we have his attention. also does the excel sheet update itself to show the interest today or only at the point i saved it.

[Jane Austen]

This was my reply received at 17.06 ( I only sent it at 17.05 ):

 

Dear Ms XXXXXX

 

I note your position. Please accept my assurance that this was an

oversight, however, I appreciate that you are not agreeable to the

judgment being set aside and therefore an application will be made to

court.

[rambot]

i need to send a breakdown of what is being claimed to the court and the bank(or would i now send it to DLA PIPER) also do i show the 8% interest section on this claim or is just enough to state under the s69 thingy that i will be claiming it should i win

[Odd Fellow]

EDIT... Please accept my assurance that this was an

oversight ...

 

Ballcocks! How many oversights can professional organisations like this make before they learn from their mistakes? How many "oversights" are they going to be allowed to make before a judge tells them where to go. Let's hope it's not many more.

[Jane Austen]

Let's hope this next judge has them sussed. I'll certainly do all I can to inform him/her of what's gone on previously.

[Jane Austen]

I'm feeling slightly less upbeat this morning. I am really angry that Abbey seem to be getting away with this set aside tactic again. Is there really nothing else we can do?

[whizzkid001]

Trying to send you a message but your mailbox is full!

[Jane Austen]

Sorry - been out.

 

Sorted now - it was all the interested people from yesterday.

[Seminole]

I'm feeling slightly less upbeat this morning. I am really angry that Abbey seem to be getting away with this set aside tactic again. Is there really nothing else we can do?

 

Don't let it get you down. There will a point at which a District Judge will realise what is going on and will get very angry with Abbey. It almost happened in Whizkid's case. When it does actually happen it will be a sight to see.

[Jane Austen]

Hi everyone

 

Been allocated a trainee solicitor - Jodie Bilsland based at DLA Piper Rudnick Gray Cary's Leeds office. This firm must be making a mint (of our money) out of Abbey's continued litigation.

[funkyparott]

It may not be due process, but why not write to the district judge setting out how often you believe Abbey are getting these judgments set aside.

 

The small claims court system is designed so that the lay person can have access to the law regardless whether he or she is represented by a solicitor.

 

Why not play on this and use it to your advantage ?

 

FP

[Tina&Gaz]

what happens with a set aside? don't you get your money? or do you just have to wait longer for it? what does it mean?

[funkyparott]

My understanding is that if a set aside is granted, the judge has allowed the bank to enter a defence, and if they do - the matter goes to court. In short, no - you do not get your money immediately. You have to win the case.

 

It is scary how easy it is to get set asides. Excuses range from the summons not being routed through their internal mail correctly to the specific solicitor's department (despite them admitting the company received it), through to the dog having ate it.

 

They could probably provide a written note from their mother and the court would look favourably on it setting aside judgement.

 

It does appear to make a mockery of the whole system.

 

FP

[Tina&Gaz]

arh, I understand now, thank you! it looks like it's just another delaying tactic from Abbey

[Robertxc]

Judges always prefer cases to be settled on thier merits, rather than by default. This means that they will almost always grant a set aside motion. The bank will have it set aside so that they can then come back and settle in an orderly fashion. If they let the default ruling stand, then there is a precedent, however small, that shows a case where they 'lost' and had a ruling on bank charges against them.

[Jane Austen]

No word from solicitors about set aside so I am going to apply to the court tomorrow for the warrant. That may stir things up when they realise what I've done.

 

I phoned Abbey today regarding their request to me for returned cards etc and I told them I thought they could not do this when the amount of money they want is in dispute. (I think I'm correct with this but they didn't know anyway).

Furthermore, as I told them, I have a judgement against them for a much greater amount. They agreed to hold action for 14 days or until they find out what's going on. They knew nothing about the court action and actually asked me what was supposed to happen next!!!!!

[Jane Austen]

I received the following letter yesterday:

 

Dear MR XXXXXX AND MRS XXXXXXXXX .

Account Number : XXXXXXXXX

Overdrawn Balance : £309.61 (Plus Interest and Charges)

Overdraft Limit : £0

As it's not been possible to reach a suitable payment arrangement,

all direct debits, and other banking services linked to this account will be cancelled. Until you pay this money back, you'll be charged interest at the unauthorised overdraft rate. To make things easier for you, you can call us to make a payment by credit or debit card.

You must return your Cheque Guarantee/ Visa Debit Card(s) and any cheques that you still have, as these belong to Abbey. If you don't return these items within 7 days, further action will be taken which may involve sending a field agent to recover them. If this happens a fee of £45 + VAT will be debited to your account.

You can prevent this and the charge by dropping the card(s) and cheque book(s) off at your local Abbey branch, or cutting the card(s) in half and sending them back in the prepaid envelope provided. If you no longer have them please fill out and send back the form I've sent you.

It's important that you call us today to discuss payment of the outstanding amount. If we do not hear from you, we will write to -notify you of our intention to register default information — the account to a collections agency for full recovery of the debt.

AlanBetts

Head of Unsecured Debt Management

 

I find this letter ever so slightly intimidating. As I am in the position of having judgement awarded against them, and the knowledge that everyone on this site is with me, I'm OK, but other people, less aware, could be quite upset by such a letter. As it is I don't need this account having opened a parachute account weeks ago but this moght not be the case for others. I also think it is a deliberate ploy to frighten people as Rambot who is in the same position as me, has received the same letter, at the same time. This cannot be a coincidence.

My answer is to request a warrant from Moneyclaim. This will be processed today.

[Jane Austen]

I have requested the warrant today so it should go through after 10.00am when they process stuff.

I could have done it earlier but I wanted to see what their next step would be. Whizzkid says it will make things more awkward even though they will still probably get the set aside.

[Jane Austen]

Just been to check on Moneyclaim. It now reads: 'warrant has been submitted to the court for final validation before being issued.'

 

Another nail in Abbey's coffin.

[Jane Austen]

Spoke too soon.

 

My request for a warrant of execution has been rejected.

 

Did I wait too long or could Abbey's solicitors have applied for a set aside and not informed me yet?

 

Any ideas anyone?