Abbey has 'frozen' my account!

[Guest Lueeze]

Are there time limits for abbey to apply for this? Anyone?

[whizzkid001]

Thing is Neil, note how they conveniently omitted to mention exactly what 'excuse' they would use to get judgement set aside, the only 1 is the usual 'didn't receive documents...'. I figure they are well aware that they've used that 1 too many times now, hence why they are trying to get YOU to do it!

[NeilP]

Well, i've done it. Thanks for all the words of wisdom.

 

I've sent the e-mail off:-

 

Dear Mr Horton,

 

I will not agree to a stay of execution with a view to the judgement made by Northampton County Court being set aside.

 

Your client has:-

 

Failed to answer satisfactorily within 14 days my initial claim request, instead settling for a computer generated stock fob off.

 

Failed to answer satisfactorily within 14 days my letter before action, instead settling for a computer generated stock fob off.

 

Failed to enter admission, acknowledgement or defence to my claim through the County Courts.

 

Failed to make payment within 14 days after the Judgement was made by default.

 

And now has the audacity to make this suggestion after a further TWO weeks. Please forgive me, but personally, I would have thought that 8 WEEKS is more than sufficient time for Abbey National plc to have sorted this out.

 

 

Abbey has a history of using this kind of stalling tactic, and then settling the claim in full just prior to the Court hearing. Why not save both of us the hassle and simply settle the claim.

 

 

Yours sincerely

 

Neil Postlethwaite

 

 

As other people have said BRING IT ON

 

or as my ten year old would prefer Do i look bovvered?

[whizzkid001]

Sounds good to me! Now, if only my judge.....!

[Bookworm]

Neil, ma man, you got STYLE!

[rg1]

I undersatnd your panic, I sent my dpa yesterday and am quakeing! BUT if you read the threads and support offered on this site it grounds you SO go for it and don't allow them to intimidate you - thats what they are hopeing for.....

[Tuftus]

Keep us all posted Neil!!!

 

Go get 'em!

[Movingon]

Sounds like they are trying to delay as long as possible until the 31 May when OFT gets a response from the banks.

[Bookworm]

Why would that make the slightest bit of difference?

[Movingon]

Clearly THEY think the difference will be significant; you and I know different but I guess they're being all smug - "It'll all be sorted on 31 May, you'll see..."

[Bookworm]

I disagree. I think they're just doing what they have all along: misuse the justice system to delay further, which is a disgrace, but nothing new, and what Abbey in particular seems to be really adept at.

 

Remember that the OFT statement and "cap" relates SOLELY to credit cards. Until they are forced to do so at the end of another long enquiry, the banks will not lower their charges, mark my words. And I have serious doubt that they'll comply on the credit cards by the 31st either.

 

*Neil, apologies for the semi-hijack, I just wanted to clear this for other readers who might get confused, as the May 31st issue has come up a few times through the forum*

[NeilP]

Spoke to the Bailiffs this morning, and they confirmed that they do not work quickly! It can take up to 2 weeks for them to act on a case. They were only passed the file in the last couple of days, despite the fact that the Warrant was approved on 26th April.

 

Abbey's solicitors have also replied to my email:-

 

Dear Mr Postlethwaite,

 

I note your position.

 

Abbey National Plc have now obtained a stay of execution in relation to the judgment, pending the hearing of an application to set aside judgment. The application will be sent to the court today.

 

The court will notify you in due course of the hearing date when our client's application will be considered.

 

 

Your sincerely

 

Andrew Horton

Associate

DLA Piper Rudnick Gray Cary UK LLP

T: +44 (0)113 369 2204

F: +44 (0) 113 369 2299

andrew.horton@dlapiper.com

 

 

So, potential word to those who follow - do as your banks do, drag your feet as long as possible, had i not been so quick to reply, the Bailiffs may have gone in and got my money. On the other hand, they may have gone in and got the fob off, and hand over a form to set the judgement aside anyway. Perhaps the next person from this forum in this position can give it a go and see what happens!

[whizzkid001]

Let me know Neil once you find out their grounds for setting aside!

[Movingon]

Abbey appear to be well known for doing this; why not gather evidence from the forum and present that to the Judge at the set aside hearing? You could let the Judge know that they often claim to have a defence and then settle at the courtroom just before the new hearing; and they are clearly abusing the court system. I just hope that, having made this suggestion, that there IS enough evidence of them doing this for you to present...

 

If I was a Judge, I would take an extremely dim view of this behaviour.

[whizzkid001]

If I was the judge....I'd clap them in irons lol. Ok, have them for contempt!

[Janet-M]

MODERATED all threads joined .please keep to your original thread when updating this is for your benefit and the benefit of everyone who is following your claim

[NeilP]

This topic was closed on 03/06/19.

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