earac06 v abbey

[earac06]

Hi all,

wow what a fantasic site and i can see the inspiration it is giving people to pursue the banks when normarily you would get scared off by the heavy handed tactics...... well done all involved.

My situation is this:- I have started an MCOL claim against abbey afetr the process of receiving my charges and then the 2 stansdard letters requesting a return of these. Abbey have acknowledged my claim but have until the 24th July (ish) to defend it. I have spoken to their various departments and been advised that Abbey HAVE to enter a defence to cover themselves against fraudulent claims if people are claiming for amounts that aren't lawfully correct etc. The South African lady i spoke to said once the defence is entered, and ONLY once the defence is entered i can ring up to request a settlement and start negotiations. They will offer between 40 - 75% of my claim (looks like 65% is the norm from reading on here!!) dependant on the circumstances. I can refuse this and request what i will settle for.
Has anyone tried this (am guessing thats a stupid question) and if so is this tact showing a success rate without the polarva of court bundles etc etc. I aim to threaten them with the extra 'abuse of system' charges to try and jolly them along into an early settlement............. else i am going to be asking for a lot of help from you kind people out there if it doesn't work with regard to court docs etc.

Thanks for reading and i appreciate any help............ and good luck in all of your claims

[jules1973]

With regards to the settlement offers, it seems to be a bit hit and miss, there is no real guidelines that the legal team go by. Some have offered to settle for 75% and got it others 80% but some have not even had replies back from the legal team. (guess it depends what mood they are in).

[earac06]

Originally Posted by jules1973

With regards to the settlement offers, it seems to be a bit hit and miss, there is no real guidelines that the legal team go by. Some have offered to settle for 75% and got it others 80% but some have not even had replies back from the legal team. (guess it depends what mood they are in).

nothing like my IF experience, all be it a smaller claim, £600 next to this one of about £2,000. With IF I sent 2 letters, they RANG me up, offered me half, i declined and they staright away offered me full amount..... all on that 1 phone call, i got no where near to threatening court action

[earac06]

I am now 26 days into MCOL procedure, abbey have acknowledged my case but as yet haven't defended it. Are they likely too still?, and if at midnight in 2 days and they still haven't, can i request a judgement and that would be it all over?

[charleyfarley]

ear,

there seems to be one rule for the banks, and one rule for us when it comes to dates. The courts are lenient and allow the banks to miss deadlines quite often, and then if you were to file for judgement, the banks appeal for it to be set aside.................... .......so don't build your hopes up too much.

having said all that............it can and does happen, so you might be one of the lucky ones

[earac06]

Originally Posted by charleyfarley

ear,

there seems to be one rule for the banks, and one rule for us when it comes to dates. The courts are lenient and allow the banks to miss deadlines quite often, and then if you were to file for judgement, the banks appeal for it to be set aside.................... .......so don't build your hopes up too much.

having said all that............it can and does happen, so you might be one of the lucky ones

aaaaaaaaaaaaaaaaaaaaarrrr rrgggghhhhhh

thanks Charley, but as predicted I got in from work and there is the abbey defence sitting on the mat with the same script as others have mentioned and the requisit 65% offer. I rang up the number on the letter and said i would settle for £1800 (claim is £1950, and there offer £1240). they refused that as did inga on an email. I have advised them i will not accept any further offers now and will be applying for 'abuse of system' charges in addition.
I don't see how they get away with this, as i a m now going to have spend lots of time and resources to prepare a court pack which will probably never be used as they will try to settle at the 24th hour as usual.
The impact on time at the courts must be colossal