kev v abbey

[ICY]

they have to acknowledge the claim this then gives them a further 14 days to submit a defence

[kev2b3]

nreceived the notice of acknowledgement from abbey today which as given the defendant 28 days to file a defence. does the 28 days include weekends.

[Lula]

actually, i am not sure, i think it does, on the acknowledgement it should say the date that they need to file a defence by

[ICY]

yes it does include weekends, but it only gives them 28 days from deemed served date, so presuming they didnt file acknowledgment until the 14th day they still only have 14 days to submit the defence

[kev2b3]

on the paperwork i had back from the courts it says ---

 

your claim was issued on the 04th july 2007. the courts sent it to the defentant by first class post on 09th july 2007 and it will be deemed to be served on the 11th july 2007. the defendant has until the 25th july 2007 to reply.

 

abbey acknowledged on the 17th july 2007

does this mean they still need to file a defence by the 25th of july.

[Lula]

Hi Kev, yes it does

[ICY]

No its the 8th August, filing the acknowledgment gives the defendant 28 days from date served to submit a defence

[kev2b3]

i started this thing off in febuary so whats another 28 days. to be honest i wouldnt care if it takes another 1000 days as long as i win thats what counts. my god i think i am starting to enjoy the whole thing.

[hugo07]

Lol Kev same here!! Good Luck!!!

[srfrench]

Hi

 

Just to clarify the point for all.......

 

Just say you submitted your N1 claim into the court on the 30th August.

 

The Court will send you a letter confirming when it sent the claim to the Defendant within a week or two.

 

So for arguments sake, it said claim submitted to Court 30th August 2007, claim is deemed served 3rd September 2007.

 

Therefore the 14 day time limit for the defendant to post an acknowledgement starts from the 3rd September. If they don't you are well within your rights to apply for a Judgement By Default.

 

However if they do reply acknowledging the claim anytime within the 14 days, they will then be allowed another 14 days from 17th September to file a defence. Again if they fail to do so you are within your rights to file for a Judgement By Default.

 

So the absolute limit for filing a defence against your claim expires on the 28th day from the 3rd September.

[kev2b3]

many thanks srfench and icy, in that case i should get abbeys defence by the 8th of august.

[kev2b3]

Abbey as until the 8th of august to defend my claim. I was wondering do they still need to do that now that the FSA as given them some breathing space, so to speak.

[srfrench]

They STILL need to comply with Court Orders and anything to do with the Courts including your claim!

 

Things carry on as normal. THE FSA ARE NOT THE COURTS AND THE COURTS HAVE A FAR HIGHER AUTHORITY THAN THE FSA.

 

 

Right that said, crumbs, carry on as normal. If shAbbey don't respond to any Orders and/or directions, apply to strike their defence out!

 

[kev2b3]

had a phonecall from my wife felling me that i had received the defence letter from abbey and she says its a very nasty letter . i was wondering if that was the norm.

[Lula]

what did it say Kev?

[ICY]

i should imagine it will probably be a standard issue they are sending most people, after all wouldnt want them to have to do too much work.

 

When you get back if you could post the letter (obviously removing any personal details) we can tell you if the letter you received is the same or similar to everybody elses

[jules1973]

Kev

What does the letter say then, for your wife to say its a really nasty letter? don’t know if its the norm as when Melissa got her defence she just had a one liner stating that they were enclosing a copy of their defence.

What gets me is on the Abbey automated service it states that they OFT and the banks asked for the court case (yeah right, like the banks were going to ask for that to happen) and say that if you have registered a court claim against them they will write and ask for the claim to be put on hold and will be writing to customers within the next few weeks to tell them what is happening re their case (sneaky so and so’s will write to you telling you they will honour any offer they made to you probably right near the date when the 2 months is up so you have to make the decision there and then).

My request to have my claim set aside is already typed up , just waiting on the expected order from the court to come through the post to say it has been stayed. Letter has already been written and is ready to be posted to my local mp as well, complaining that the blanket stay and FSA waiver is against our Human Rights

Must admit though, I am willing to pay the £35.00 to submit the N244, but don’t expect the judge to have the stay set aside, as I figure that if the judge was going to lift the stay, he wouldn’t of took it upon himself to put the stay on my claim in the first place, but at least I can say we tried everything, and left no stone unturned.

[kev2b3]

i just read the defence letter from abbey and to be honest with you it looks like the one everyone else had.

[kev2b3]

hi jules

I am hoping like everyone else, that the FSA changes their mind in two months time and makes the banks start paying out again. i do honestly believe that the FSA played straight in to the banks hand with the decission to stop the banks paying, maybe the FSA should have stopped the banks charging anyone until the case finished. Like you i dont think the banks wanted this test case but OFT forced their hand, and like all bullying **** bags they created a gang of banks. I really do hope that the OFT and the FSA are seriously fighting for our rights and not playing politics.

i am not a betting man but if i were i really think the banks will win this hand down,but those are my thoughts only and i will keep on fighting against the bank charges and if i can help others fight against the charges i will until the day court makes their decission.

there you go rant over