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Abuse of Process Tactic
MPG_2
Posts: 34 Forumite
Hello fellow claiments,
I've just learned of the lady in Newbury who, upon reaching the Allocation stage of the process decided to report Abbey for abuse of process on the grounds that they won't turn up to a hearing, instead settle at the last moment. She enclosed a list of cases that Abbey had settled 11th hr and the Judge immediately awarded her the full amount of her claim.
Now, I am also at the Allocation stage and due to submit my allocation questionnaire to Birmingham CC on Monday morning (July 9th). I'm fully prepared and will also be serving barclays litigation team with the particulars of the case this week.
I'm just wondering if do I play the abuse of process tactic, or should I continue on my current, but rather long winded path?:rolleyes:
All thoughts welcome
I've just learned of the lady in Newbury who, upon reaching the Allocation stage of the process decided to report Abbey for abuse of process on the grounds that they won't turn up to a hearing, instead settle at the last moment. She enclosed a list of cases that Abbey had settled 11th hr and the Judge immediately awarded her the full amount of her claim.
Now, I am also at the Allocation stage and due to submit my allocation questionnaire to Birmingham CC on Monday morning (July 9th). I'm fully prepared and will also be serving barclays litigation team with the particulars of the case this week.
I'm just wondering if do I play the abuse of process tactic, or should I continue on my current, but rather long winded path?:rolleyes:
All thoughts welcome
0
Comments
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I was wondering about this earlier. As the banks try for strike outs etc, Surely we can use similar tactics, and a banks record on this must count.
I am considering a similar move agains Barclaycard, if it gets that far. Why should people be messed around like this, and big banks be allowed to abuse the courts.0 -
My thought this morning, as I continued to wonder is, if you sit this out they will settle, albeit at the last possible moment. If you use the abuse of process tactic, you're not getting an offer, merely a judgement, which does mean the banks will have to pay up, but it also means chasing them, possibly with baliffs and I've heard reports that the baliffs are as difficult to deal with a the banks....
...Still unsure0
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