Abbey abuse orders - keeping the pressure on.

[Shoe Em]

Okay, we filed the AQ today (N149) complete with Gary H's lovely shiny paperwork (thank you!), paid our £100 despite the pain it caused my pocket & now it's a waiting game...

 

sent Abbey their copy on thursday, a phonecall/letter right about now would do very nicely indeed. Failing that? On with the show:p

[GaryH]

Excellant. Let us know what response you get.

[Shoe Em]

Gary I'm liking number 2 very much indeed

 

Thanks for the links.

 

Emily.

[alice25]

Hi Gary, cheers for the advice! I received yesterday a court date of the 3rd July stating that it had been allocated to the small claims track and also that I needed to pay £100 or apply for exemption (which i didnt know before!! they didnt tell me in previous letter). I am going to apply for exemption. But what i need to know is can I still send the abuse order letter??

[GaryH]

No, if the judge has already allocated to track and issued directions then its too late.

[alice25]

Ok Gary, I am today sending this off to court for our Joint account claim as it was too late for the single account! I will let you all know how I get on. cheers

[c-m]

I recently filed my N1 form (about 3/4 weeks ago), Abbey acknowledged and submitted a defence.

 

I now have my allocation questionnaire, is it approprate to now use this information in section G?

 

On the part of the statement where "Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service..." Can we prove over 100 cases? The spreadsheet i downloaded shows only 38 cases involving Abbey.

 

Edit:- Which are the important texts i need from the Sean v Lloyds case?

[path_finder]

Well, I'm sending my AQs to court today with a copy for Inga Kirkman at Abbey. Hopefully she will crack and pay me my money!! lol

[killercakes]

HI GaryH,

 

A quick question could i use all of the N149 as my first Allocation Questionnaire?

 

i can't find the data for http://www.consumeractiongroup.co.uk/forum/lloyds-bank/32952-sean-lloyds-2.html#post512565

 

Many thanks

[GaryH]

II now have my allocation questionnaire, is it approprate to now use this information in section G?

 

On the part of the statement where "Since May 2006, I am aware of over 100 claims of this nature in which the Defendant has filed an acknowledgement of service..." Can we prove over 100 cases? The spreadsheet i downloaded shows only 38 cases involving Abbey.

Yes, go ahead and use it.

 

The spreadsheet of settled claims should be clearly headed as a sample list - there are well over 100 Abbey claims but unfortunately we don't get everyones claim details.

HI GaryH,

 

A quick question could i use all of the N149 as my first Allocation Questionnaire?

 

i can't find the data for http://www.consumeractiongroup.co.uk/forum/lloyds-bank/32952-sean-lloyds-2.html#post512565

 

Many thanks

Not sure I understand the question?

 

Ignore the "sean v Lloyds" link now - I've just posted a link to a jpeg of the actual order in its place. Use that instead.

[killercakes]

Could i use all of the N149 template text for my first Allocation Questionnaire that i am sending off?

 

Thanks

[GaryH]

Yes, attach the text to your N149.

[killercakes]

Yes, attach the text to your N149.

Yes thanks sent it of to the court and Abbey today, i will let you know what happens.

 

Killer!

[hellhasnofury]

Hello,

 

Subscribing, so I don't lose this link:D

[Aoife]

Hi Gary H

Can you tell me if I should still use the last para Sec 2 of the case management reps above if my claim if >£10.

Thanks

Aoife

[clarion48]

sorry to jump in your thread - i have posted on my own but nobody has answered.

 

i filed my aq on the 17th May - against abbey. abbey failed to file their aq - having spoken to the court the day after it was due.

 

does anyone have any idea what happens next and how near to being over it is please?

[heyho]

Yes, it would be fine. Change the top bit though to reflect the fact that its not an AQ attachment. Such as;

 

Remember to attach everything linked from post #1

Hi Gary,

 

This is all new to me and my first posting so hope you can help. i am taking abbey to court for a total of £4,180 and have just received a letter back from Northampton Court to say my claim has been transferred to my local court (Gateshead) and that the AQ br dispensed with ... nless the court of transferr orders otherwise. What is my next move? Do I send a nudge letter to Abbey? Should I send anything to the court at this stage e.g. Case Management Representations, Draft Order For Directions? - just a little confussed with the volume of excellent advice on the site.

[NJC]

Just about to use the templates for completing AQ section G. My total claim is only approx £550. I don't think the £100 fee applies for claims under £1500. Would someone be able to confirm please. Thanks in advance. NJC

[GaryH]

Correct.

[cheesy]

Hi,

Is it appropriate to request the strike out in my case:

 

Completed my AQ in late Feb and heard nothing further, despite nudge letters to Abbey.

 

Last week received a standard order for stay for settlement until 8th june, basically saying that on or before 22nd June either:

*the claimant notifies the court that the whole claim is settled; or

*the claimant or defendant requests an extension of the stay; or

*all parties file a completed AQ.

 

The stay surprised me and strikes me as a delaying tactic. I wrote and asked Abbey if they intend to settle, and gave them a week to respond (up today - not received anything). It was my intention to cite this as evidence and write to the court and ask for the stay to be lifted. However, after reading this I wonder if I would be better off requesting a strike out?

 

Can you explain in essence, to a thicky like me, what a strike out would actually achieve?

 

If I want to try for the strike out, do I just submit a second AQ using your section G? Can I download an AQ? (My original was supplied by the court in hard copy)

 

Is it better to just ask for the stay to be lifted or should I also go for the strike out?

 

I feel suddenly overwhelmed by court process that I don't understand and I don't want to make a mistake.

 

Thanks for any help.

[GuidoT]

Cheesy

 

You should be posting on your own thread, but read here (it relates to Lloyds but is relevant to all banks):

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/78216-aqs-stays-strike-out.html

[c-m]

just noticed something here:

 

Please find attached a copy of an order made by Lincoln County court (attachment 1C) in at least 6 cases similar to my own, in which Abbey Plc were also the Defendant's.

 

Abbey were not the defendants, Lloyds were. Or am I missing something?

[killercakes]

HI GaryH,

i sent in the 17th of May i called the courts today and asked the clerk what the situation was, she said Abbey has filed their AQ as well and the Judge was reviewing the AQ.

Should i start getting worried or go through the court bundle again?

Nerves of steel just went out the window, now known as chillercakes.

[pimp_my_bank]

Hi Heyho, exactly the same stage as you, received a notice of transfer of proceedings.

 

Confused what to do now, the line in the letter from the courts says

The filing of an AQ be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

 

I called the court today and was told beacuse of the ammount of people claiming back charges, and the fact that none of them ever go to court, the courts are swamped and I wont need to fill in an AQ?

 

this doesnt sound right??

 

Could somebody please clarify what I do, because the courts havent sent me an AQ, do i just d/l the AQ from this site and send to the court

[Aoife]

If my claim is for >£10k then it is most probably going to fast track I presume. Does this mean they will ask for disclosure anyway and that I don't have to ask for it in the directions Gary has posted???? Any ideas.

Aoife