Feater v Abbey

[no2abbey]

From Experience I would be very carefull with abbey national solicitors judgement in default was awarded to me in order for abbey national to pay the order however after waiting after a week i contacted abbey solicitors. who promised me that once thier copy of the judgement had reached the right office they would honour the judgement and pay up but instead to make things easier abbey solicitors asked me to fax my copy of the judgement to speed things up. Would you believe that instead they phoned me and said that they would not be paying up and would be applying to have the judgement set aside. They dragged it on so long so that i would not have enough time to enforce a warrant and therefore give them time to apply for the judgement to be set aside. Beware! Their reasons for applying to have it set aside, they did not think they needed to responsed to my amended particular of claim because they were not ordered to by the judge. Has anyone had this before Help! I dont understand my N1 had on there to reponsed within a time limit and also on a covering letter from the court?

[feater]

no2abbey. Have you had anything from the court confirming that they have requested the judgement to be set aside... If it was me I'd contact the court again and explain that you would like a warrant of excecution. Are Abbey saying that they didn't get a hearing date to discuss the amendments from the court?

[zootscoot]

Excellent news feater!

 

Would you like to copy and paste your post on your court experience into the new forum for stays to give others some hope in objecting.

 

http://www.consumeractiongroup.co.uk/forum/cases-stayed-pending-oft/

 

If you start a new thread titled feater v Abbey (name of your county court).

 

Best wishes for a speedy settlement

 

Zoot

[no2abbey]

i called the courts yesterday and was told that the judgement was lifted and that there would be a date for a hearing. therefore i could not execute a warrant also because of the amount £6k + with the interest i would need to apply to the high court for the warrant to be executed. This is my problem i was to nice, when the solicitor for abbey told me they were awaiting the copy of the judgement to pay i should of executed the warrant when it was issued and not waited, thinking the solicitors were being co operative and not lying. For anyone interested solicitors name was clare fletcher! Should i get legal representation if it gets to a hearing or should i apply against the decision to have the judgement lifted?

[feater]

Thanks Zootscoot.. I have put in new thread but forgot to put West London CC on title!

[zootscoot]

Thanks

 

I'll change the title for you.

[Joanne26]

Hi all, I'm joe and new to this, got really annoyed with abbey bank charges so decided to follow the trend and try to get it back. just asked for all my bank statements from dec 06 so i can work out all the charges. What do I do next?

[feater]

Hi Joanne26

You should start your own thread so you can keep track of all your advice in one place. You should also start reading some other posts and the following link which should give you a better idea of what to do

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html

[no2abbey]

feater: They did not respond to the amended particular of claims as they said they were not ordered to because they had already made a defend, before my amendments. There was no hearing judgement given because they did not respond with a defence when i made my amended claim.

[feater]

no2abbey. Do you have your own thread? If so it would be better to keep your questions all in one so you can find them again later.

 

Was the amended claim accepted by the court? In my case there was a hearing date to discuss the amendments so they didn't need to defend it, just turn up to discuss.

[feater]

Got court date on 21st December.... Judge has allowed 2 1/2 hours for trial.

 

 

"Upon hearing the Claimant in person and the Defendant not attending

 

IT IS ORDERED THAT

 

The Defendant having failed to attend or comply with the order of 4th July 2007 is debarred from filing any document or witness statement in support of it's Defence"

 

Might wait a week and email abbey with a reminder to pay up!

[feater]

Has anyone got any idea of what I should put in my nudge mail to Abbey? I want to mention the fact that the DJ said that he will want to know why Abbey didn't turn up to first directions hearing or contact me or the court within the time specified. Also to basically say they haven't got a leg to stand on now with the directions set by the DJ.

 

I also intend to ask for approx 300.00 wasted costs (includes 50 quid for attendance at court and poss 50 for next court date, if not settled before hand).. Any advice would be appreciated.

[feater]

Rang Abbey.. They claim they haven't received anything from Court. Read out the judgement from court.. Snotty sod on other end said they were not going to negotiate or settle but instead were going to send solicitor on 21st Dec and ask for a stay.. I laughed and said I'll be v interested to see how Judge will view that seeing as he admitted they won't defend either! What a waste of time this will be.

[Lula]

You know why they havnt received anything from the court, cos it is all sent to Abbey and they have repaired back off to their offices, only occasionally collecting th post from Triton House, they really are arrogant buggers arent they, they think that they can abuse the court system, ignore deadlines and basically do what they want to do, it really does make my bloody boil, then they are just going to turn up on the day and ask for a stay as their god given right and probably get it, I only hope that the DJ will be so hacked off with them for what they are doing that he finds for you and all the costs imaginable.

 

Is there nothing that we can do about this? Where is the justice in all this?

[feater]

I hear ya !

 

I have a feeling the Judge will be annoyed that they didn't bother to turn up at the last directions hearing and didn't enter any defence even after they showed intention to defend. I was the only one that wasn't stayed on the day so I'm hoping DJ will not allow it then either. Just annoyed cos I really need the money to pay off a tax bill. More interest for me though I suppose.

[Lula]

well as long as they have hacked off the judge good and proper, then that can only be good news for you - shabbey and their solicitor have absolutely no respect for the judicial system at all and should be made to pay