Abbeys AQ

[bloomingflower]

Hi all

This is my first post on this site,so here goes....
This morning I recieved a copy of Abbeys AQ(in which I found quite strange,cos I havent got one for my 1st or 2nd claim

It is dated on the 3rd Sept 07,and I have now got 28 days to submit the contents of the DO. It also says the claim is being allocated to the small claims track for a hearing not before the 2nd of November 07,then 14 days prior to the hearing I will have to submit my CB etc..

But having said all that,I have studied Abbeys AQ in more detail (mainly cos I am half asleep 2 day,too much on my mind) and I have realised that they have submitted a N150(not a N149). and there are some other things aswell.......

1. They have ticked the Settlement box as a "YES"(a one month stay to attempt to settle the claim,either by informal discussion or by alternative
dispute resolution(?)
2. Pre-action Protocols--
No pre-action protocol applies to this claim
they have ticked the "YES" box with regards to exchanging information and/or documents(evidence) with the other party in order to assist in settling this claim
Well,I havent recieved anything of the sort,they havent sent me any kind of evidence or documentation with regards to settling this claim(what a load of baloney :rolleyes:
3, Applications..
They have ticked the "NO" box
4. No Experts
5.Track..
Small Claims Track
6.Trial or Final Hearing
2 hours
7 attached list of directions..
They ticked the "YES" box
8. Costs
Thier estimate costs are likely to be around £2000 (Wat?)
9. Attached documents
They ticked the "YES" box
They have just sent me the AQ only I havent recieved any evidence with it

And now, I am totally baffled with their AQ..
Any ideas anyone??

Flower

Link to this post Posted: Yesterday, at 1:40 pm

[Paule]

Re: Abbeys AQ

Have you recieved an order from the Court or just this AQ from Abbey?

you state that the claim has been allocated already

It is dated on the 3rd Sept 07,and I have now got 28 days to submit the contents of the DO. It also says the claim is being allocated to the small claims track for a hearing not before the 2nd of November 07,then 14 days prior to the hearing I will have to submit my CB etc

If you have received an order from the court follow that as it has now been alocated, and whatever they put in theior AQ wont affect it now, it is just for the decision of which track to allocate the claim to.

If you have recieved an order form the court can you post what it says

[Amethyst]

Re: Abbeys AQ

Hey Jas

Good to see you

If you could do as PK suggests and post the wording of the order from the court this will help. Dont worry about the costs they usually stick that in to scare claimants off - and the N150/N149 are quite often interchanged.

Basically they have asked for a one month stay in which to settle your claim - which they won't - being dated 3rd Sept thats good cause they havent requested a stay owing to the OFT case.

Basically they've ticked the boxes to make it look like to the court they are acting properly - and ticked others to try and worry you.

Dont worry just wait for the order from the court - or if u already have it type it up here and we can help you go through what you need to do.

HTH - just reiterating what PK said really lol.

Ame
xxx

[bloomingflower]

Re: Abbeys AQ

Hiya Pkea and Ame

I would like to say thankyou so much for both your replies and I would like to add something else in addition to my first post.( Ive been a bit of a dimwit and I forgot to mention that aswell as recieving Abbeys AQ, This morning I also recieved 2 more Notice Of Allocation of Hearings,and they are scheduled to take place on the 26th sept 07. (They are both for my 2nd and 3rd claims,and it looks like the Court have put all the claims to be heard together all on the same day,1st 2nd and 3rd.

Quote from Pkea : have you recieved an order from the Court or just the AQ from Abbey--

Yes, I recieved Abbeys AQ yesterday, this is for the 3rd claim, (why didnt Abbey send one for my 1st and 2nd claim?? it's so bizarre.)and this morning I recieved the Notice Of Allocation Hearing(for the 2nd and 3rd claim)

This is how it goes-

To the parties

This case has been listed for an allocation hearing on Wednesday 26th September 2007 at 2 pm at his court. This is because District Judge xxxx who has considered the papers in the case has decided that such a hearing is necessary before a final decision about allocation of the case can be made.

You are ordered to attend the hearing.

This case has been listed with other cases on the same occasion because it appeares to District Judge xxxx that the main issues involved in all of them are the same or similar. District Judge xxxx may on 26th Sept 07 deal with the cases involving the same financial institution as defendant in one block(where more than one case) or, in the light of other considerations, deal with other cases together.. this would be subject to any representations by any of the parties involved in such caese proposed to be dealt with together that he should do otherwise.

Dj xxxx will wish to investigate whether any of the cases can be settled.
He will also wish to determine (a0 whether it is desirable and in the interests of justice of more than one case to be finally heard with other cases and , if so, which cases should be finally heard together and (b) what documents and factual and other evidence should be before the court on the final hearings. It is emphasised that there will be no final hearings on 26th Sept 07 and so the court will not hear from any witnesses as to the facts of the cases on that occasion. The court will be giving directions for the final hearings which will take place on later dates.

Note : if you fail to attend the hearing, the court may order you to pay the costs of the other party that does attend. Failure to pay those costs within the time stated may lead to your statement of case being struck out. The court may also make other orders relating to the case in the absence of a party who fails to attend.

[Amethyst]

Re: Abbeys AQ

Hi Jas

Can you say which court it is ? (or Pm me with it if u prefer - just so we can check what the current state of play ref the OFT seems to be there)


First thought is the 'Note' bit at the bottom - EXCELLENT The bank must attend, or pay your costs for attending - if they dont their statement of case is struck out - lovely stuff.

Let me know the court and we shall hopefully have more info on what to expect.


26th Sept does ring a bell for some reason - just going to check something. Nope just me being nuts - 28th Sept is the date the banks must defend the OFT POC.


From the sounds of it its a bulk hearing where you all end up in a room - judge calls out your name, sees if the defendants present - issues directions and you leave.

He could be looking at which cases to stay or not stay, try and get some settled by means of strike outs through non attendance and costs, and/or which cases to put forward for the test case. As the order says he wont be interested in the ins and outs of the charges issues. I would expect a number of claims to be settled at the hearing - and possible depending which court a number will be stayed pending the OFT test case.


Seriously dont worry about the AQ - but DO turn up to the hearing. (suspicious mind is they saw the judge was ordering costs against non attending parties so they stuck in a 2k figure to scare u - but I'm just suspicious) If you have hardship arguments against stays I would prepare those just in case.

[bloomingflower]

Re: Abbeys AQ

Hiya Ame
Thankyou for your reply, yes its the Kingston County Court,and Im dreading it lol
oh,thats so good to hear the bit about the "Note" bit,i feel better already

Flower x

[Amethyst]

Re: Abbeys AQ

Don't dread it hun - its an experience if nothing else

Will see what I can find out about Kingston CC for you - see if theres any other bods about on the same listing as well you can bounce things about with.

[bloomingflower]

Re: Abbeys AQ

Hiay Ame (again lol )
i just wanted to ask about this bit you quoted if I may--He could be looking at which cases to stay or not stay, try and get some settled by means of strike outs through non attendance and costs, and/or which cases to put forward for the test case. As the order says he wont be interested in the ins and outs of the charges issues. I would expect a number of claims to be settled at the hearing - and possible depending which court a number will be stayed pending the OFT test case.

Do you think the Judge would be keen to try and get all the cases settled in one go,or individually ??
and do you think Abbey will turn up??

thanks in advand for your reply
Jas x

[bloomingflower]

Re: Abbeys AQ

Sorry I have tried to edit the above post a couple of times,but I think it wont let me add anymore onto it...

With regards to declaring hardship, I have already submitted this in my "Deny For Stay" letter to the court, and I am hoping the nice Judge will not "Stay" my claims.
Ame, can you tell me if I need anything in respect of taking any evidence/documents to the court with me.

Thankyou in advance

Jas x

[Tempty]

Re: Abbeys AQ

Hi Blooming
it might be a good idea if you post up the "deny for Stay" letter you posted to the court. Also are you on any benefits of any type? if so have these been taken in charges?

the letter may turn out to be enough.... but we may also be able to word something for you to take into court to give to the judge if a stay looks likely.

AS far as evidence/documents go I would take along everything you have for now... take 3 copies of you schedule, 1 for judge, 1 for abbey. Chances are you probably won't need it... good to have these things handy though, just in case

[bloomingflower]

Re: Abbeys AQ

Hi Tempty

hi,thankyou for your reply, yes, I am reciept of Working Tax Credit which is paid directly into my bank account, and I have quoted the Working Tax Credit Act 2002 in the "Deny For Stay" letter.

I will PM you my letter if this is ok,or would you rather I put it here.

Thankyou for your help in advance

Flower

[bloomingflower]

Re: Abbeys AQ

Hi Tempty

Here is the "Deny for Stay" letter in which I have already submitted into court......

[Tempty]

Re: Abbeys AQ

Hi blooming
thanks for posting letter hun.
i take it this was a basic template that you downloaded?
seems to focus mainly on the human rights act rather on your personal hardship! I think we deffinatly have a potential here to personalize it a little which may give you a better chance at avoiding a stay should that be what the judge is trying to decide.

first of all we are going to need a bit more background information.
you are on tax credits..... that's great stuff
are the benefits the sole income into that account?
have your tax credits been taken as charges?
do you have any resulting debts from these charges being taken?
is your account overdrawn etc?
have you taken out any loans to cover debt etc?

if the answer to any of the above is yes we have an advantage and can draw up a more personalized application... giving a much stronger case for avoiding a stay should that be what the judge is trying to decide in your case.
if you don't want to put your answers here hun, feel free to pm me

Tempty xx

[bloomingflower]

Re: Abbeys AQ

first of all we are going to need a bit more background information.
you are on tax credits..... that's great stuff
are the benefits the sole income into that account?
have your tax credits been taken as charges?
do you have any resulting debts from these charges being taken?
is your account overdrawn etc?
have you taken out any loans to cover debt etc?


Hi tempty

! Yes, I have my Salary going in each month and my Tax Credits goes in each
week
2 yes,my Tax Credits are being swallowed up by charges.
3 Yes, I am in so much debt due to these charges and I cant keep up with it. I am "robbing" Paul to pay Peter and vica versa
4 My account is always in the Red,and it is a case of trying not to keep doing this,and some months are worse than others.
5 yes, I have taken out a couple of loans just to keep up with paying for everyday cost of living for essentials,bills,debts etc....


Thanks tempty for your reply in advance

Flower

[Tempty]

Re: Abbeys AQ

ok have just answered your pm

are you still getting charges to your account? or have the loans you've taken cleared your account for now?