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

[alanfromderby]

I note that Abbey are putting pressure on you for your over-limit amount. Whilst this is in breach of the Banking Code, it may be worth considering the following, which will move your case on.

 

When you contact the court tomorrow, it would be worth considering agreeing to the set-aside, on the basis that this is just a method that they are using to delay your claim. By agreeing, they court will request the defence is filed and you can move to the AQ stage fairly quickly.

 

You can be certain that if it goes to a hearing that they will get a set-aside. However, almost certainly the hearing will not be for several weeks - especially with the main holiday season approaching.

 

I would normally advocate the approach of making Abbey send its set-aside team to court - but I think your circumstances require taking the faster option.

 

Of course, it's your call.

[Jane Austen]

Thanks Alan.

I phoned the court today but it's still with the judge. I was told it will probably be next week but the district judges are overloaded with case files because of some changes in the law?????

I hadn't read your reply before I phoned so I'll phone again tomorrow and agree to the set aside as you suggest. This, for me is really taking far too long. It all began in March! I want to get off the PC and enjoy some sun.

[Jane Austen]

*UPDATE*

Phoned Moneyclaim again to ask if I could just agree to the set-aside but I was informed this is not possible. The clerk told me that there are many occasions when they would like to 'dip in' to the files, for whatever reason, but they are not able to do so.

She did say the file was expected back any day now so I suppose that's good news, even though we know the set aside will be granted and then I wait for the court date etc etc. Now looks like at least October before a positive outcome. It's no wonder some people give up.

[Jane Austen]

Yes, that's what keeps me going. Trouble is, the summer will be over by the time I get it all. Still....

there's always next year!

[bram stoker]

There's always Christmas!!! Lol.

[alanfromderby]

As it is still with moneyclaim this may be the problem.

 

As soon as the court receive the paperwork from Abbey the case should be transfered to your local court. When that happens, take (or send) a letter to the court agreeing that judgement be set-aside. At that point it should be more straight-forward.

 

Often moneyclaim is far more trouble than it is worth!

[Jane Austen]

Yes I'll do that Alan. Thanks again.

 

Now though, I am really confused. I've just received a standard letter from Miss Kim Hayward apologising for the delay in replying to my letter dated 12th June. I didn't send a letter dated 12th June.

This letter today was to explain that my request for information re: my account XXXXXXX, can only be dealt with if I turn it into a SAR - (Subject Access Request). I sent my SAR on MARCH (yes, March) 30th.

She is now asking for another £10 so that she can comply with my request. It also included the paragraph ..."if the complaint escalates into a claim in the County Court, ..."

Do these people not communicate at all?

 

Also, in another letter, another request for my overlimit amount to be re-paid. This has increased by £90 since the last letter. They will not close the account, as I have requested until I pay back what I "owe" them.

 

I phoned but she was unavailable and there was nobody else who could deal with it.

[Jane Austen]

Any day now, according to Moneyclaim. Wouldn't it be nice if the judge did not agree to the set-aside? I know that's not likely but I can dream.....

[Jane Austen]

Finally, I have received notification from my local court regarding the set-aside application.

It's the usual drivel from Abbey re: Abbey "have a defence with a real prospect of success" etc etc.

I am composing a letter to the court to inform them that I agree to set-aside and I am including details of other cases already settled, including NeilP and Whizzkid who also had to go to the set-aside stage before being paid.

 

Any other thoughts or ideas much appreciated.

 

[rambot]

i too have recieved a letter today. mine only says that the case is being transfered to another court. it has a tick in the box that states that a district judge order made on the 14th july.

there is no ticks in any other boxes.

any one any ideas as to what this is.

[Jane Austen]

Mine is from my local County Court in Darlington saying the case will be heard on the 11th October.

I am not prepared to let Abbey delay it this long so I am agreeing to a set-aside in the hope that a full hearing, at court, will be granted sooner rather than later. If I wait for this set-aside hearing and it is granted then I am looking at 2007 before this is settled.

I am trying to gather more evidence of other cases settled just before the full hearing stage.

 

However if any mods out there think there is a case for taking it to the set-aside hearing i.e. if it will benefit the cause of others on this site then I am prepared to do that.

 

At the moment my feeling is not to let Abbey delay things in the way that they are trying to at the moment, and in the process, abusing the judicial system.

[Jane Austen]

*Update*

 

I have just spoken to a clerk from the court who suggested that in my letter requesting the judgement be set aside, I need to give all my reasons and the judge will have a look at it and could ask Dla Piper to enter their defence straightaway.

 

Is this right or have I misunderstood something?

[alanfromderby]

MOD NOTE: nnelson - Your inbox is full so could not reply, but the answer to your question is yes, that will be fine.

[Jane Austen]

Thanks Alan.

Off to the court to hand in my letter personally.

[Jane Austen]

Letter handed in at CC, stamped received and now ready for processing. Only trouble is they have a 2 week backlog but because I already have a hearing date I was told it may be seen to, more or less straightaway.

[rambot]

does it say what the order is ? or is it just that the case be transfered ?

 

 

it is a NOTICE OF TRANSFER OF PROCEEDINGS TO ANOTHER COUNTY COURT

[rambot]

Just wonder how the reports in this weeks sunday paper are going to have an effect on all of this.

[rambot]

cryptical there Rambot- what reports ?

 

 

Is the transfer to your local court for the set aside hearing ?

 

 

It doesnt have any thing else marked on the paperwork other than transfer to my local court.

there are other boxes on there which could be ticked, but none of them are apart from "A DISTRICT JUDGE ORDER MADE ON THE 14TH JULY 2006."

 

on the back it says

 

"BEFORE DISTRICT JUDGE MCHALE

SITTING AT NORTHAMPTON COUNTY COURT

ON 14TH JULY 2006

WITHOUT HEARING

IT IS ORDERED THAT;-

 

LIST TIME ENTERED- 15 MINUTES.

 

It does look like a transfer hearing for the set aside, but it doesnt state anything other than it is a transfer.

 

 

The reports in the sunday paper, outlining that the OFT has now been instructed to look into unfair charges and a half page report on the whys and wherefores, it also gave a list of the banks charges and interest rates,

i think it was the SUNDAY PEOPLE>

perhaps someone else also read it

[Jane Austen]

That is nothing like the letter I got, Rambot. I was not given a judge's name. It sounds like it has already been before this judge??? Could he be the one who decided to transfer the cases locally?

If I remember rightly you are down in Sussex or somewhere south of London. This will need to be transferred to your nearest county court.

[rambot]

i am in the south. i think it should have had more ticks on it. like maybe transfer and set aside boxes ticked.

i think it may be an oversight on someones part.

i will contact the court and find out tomorrow if i can.

[Jane Austen]

The people at my local court were very helpful when I phoned this morning.

 

Let us know what it's all about.

[Jane Austen]

Just thought I'd mention. When I was at the court the other day the lovely lady there told me that I shouldn't have to wait so long for a hearing which would "take no more than 15 minutes!"

So that's how long a set aside hearing should be. Sounds like a foregone conclusion that the set aside will be granted.

I do hope the judge takes note of the information in my letter.

[bram stoker]

Whizzkids set-aside took 90 minutes!!!

[Jane Austen]

Well Abbey are really playing dirty now.

Received the following letter in today's post:

 

 

 

27/07/06

Our Ref : AAM2O2/CAIS

 

 

Dear MR XXXXXXXXXX AND MRS XXXXXXXXXX

Account Number: XXXXXXXX

Overdrawn Balance: £375.97 (Plus Interest and Charges)

Overdraft Limit: £0

 

This letter will serve to provide you with notice of our intention to register default information with Credit Reference Agencies to which we subscribe, in respect of the above account number. Default information will be registered 28 days from the date of this letter, and may be used by other lenders in assessing applications for credit made by you and members of your household.

 

The role of the credit reference agency is to make it possible for lenders to quickly make accurate and responsible lending decisions. Credit reference agencies do this by holding details of your credit histories, which lenders then use to help them decide whether or not to accept applications for credit from customers.

 

Yours sincerely

 

 

Allen Betts

Head of Unsecured Debt Management

 

 

Obviously the amount of money we owe is in dispute and therefore it cannot, as I understand it, be subject to a default being registered.

 

Any suggestions? Do I phone (and record) or do I write; or both?

I would like a really legal sounding reply buy if I phone I may become very angry.

[Jane Austen]

Thanks Karne. I can always rely on you.

 

I'll send them the S10 as suggested by BF and in any case I have until 23rd August before they can action the default. You never know, I may have had something a bit more positive from them by then! NOT!