santander unless order

millynmile

hello

i was taking abbey to court for nearly £20,000 in 2007. i complied with the judges orders even down to a court bundle when the banks put a stay in place with the courts. now after all this time i have received a letter from santander stating that they have applied for a unless order in respect of my claim. im not sure what this is but i have also received a letter from a debt collecting agency for £2500 to be paid immediately or legal action will be taken. Can anyone explain what is going on as i dont know what to do

santer_2

This outlines what an unless order is

http://www.gillhams.com/dictionary/654.cfm

millynmile

thanks for the link but still dont really understand it. i sent in allocation questionnaire then the court asked for a bundle which i sent to the court and a copy to abbey but abbey didnt send their bundle into the court in the specified time, then a stay now this and letter from debt company what do i do?

Premier_2

It might help us to help your more if you were to publish the unless order in full (leave out private data like name, address, court case number, etc).

My guess without this, is that the bank are asking you on what legal basis you are reclaiming as chances are any PoC you used in 2007 is unfounded because of the Supreme Court ruling in 2009.

Anyway, if you are claiming £20k, you really should seek independent legal advice as this would usually be handled outside of the small claims court anyway.

millynmile

hiya please find as follows

we write further to the above matter and your claim for the return of unarranged overdraft charges.

please note that we have recently written to the court to request that it considers making an Unless Order in respect of your claim. As a result please find enclosed herewith copies of the following:

1. Letter dated 17th dec 2010 sent to county court
2. Copy of the proposed Unless Order
3. Summary of the Supreme Courts Judgement in the proceedings between the OFT and the Banks (the test case)

We trust that the above is self explanatory. Please note that if you wish to make any submissions in respect of our request you should write directly to the court and send us a copy.

Premier_2

millynmile wrote: »

...2. Copy of the proposed Unless Order...

Could you post this please?
(delete any personal/identifiable parts)

... but from the other part of your post, it certainly does reinforce the guess in my earlier post.

Have you sought legal advice as previously suggested?