knellyk 2 vs Abbey!

[bonnie0852]

all the best knelly and im off to bed! all the angels have fluttered their wings and gone so off i go aswell!!! hope 2 c u all tomorrow!!
bonnie
xxxx

[KnellyK]

Well, still no acknowledgement (and a colleague at work is also claimimg from Abbey, same court a week ahead of me and she's heard nothing either) so I delivered my request for judgement on Friday - It can't harm anything and I might. (probably not though) manage to get a 2nd judgement in default!

Time will tell!

[charleyfarley]

If you get that Judgement by default again, I will drive to Wales and put your windows in out of spite

Hope you do though, it would be great

[KnellyK]

OK! Thanks for the warning!
If I should drop lucky and get another judgement by default I won't tell you, I'll keep posting here telling you what stage I'm at and then I won't have the additional expense of new windows!

I can't see it happening again...
But it's very strange that it's the same court, again I had my statements so didn't have to do Subject Access Request, and again no acknowledgement. I'll probably receive defence from Abbey next!
As I said, time will tell - I'll use the time to reinforce the windows!

[Lula]

Well it is very strange indeed, i have received a copy of the defence from Abbey but as yet, nothing from the court, i too am hoping that they actually forgot to send the defence, LOL

Its all gone to pot now James has left

[KnellyK]

Did you get an acknowledgement ? On my first claim I didn't get an acknowledgement so sent claim form in, then got defence from Abbey but the judgement was made in my favour! No acknowledgement this time either!

[Lula]

i got the acknowledgement 10 days early lol

[Robdblynd]

RekaTech

Here you go. I've downloaded them as well, cos they refer to the time we opened the joint account and my personal account.

[bonnie0852]

Hi Knellyk, any news yet??? Asking cos im at same stage as u and wanted to know what happens after ive shot down the court, handed in my request for judgement and they still havent submitted defence?
Im gettting sooooooooooo excited and YOU'RE the one to ask (ive been told)

x bonnie x

[KnellyK]

I've still had no acknowledgement and, so far no defence either!


Bonnie - you still have to wait!!
If you win by default you'll get a copy of the judgement that the court sends to Abbey! Good Luck!

[KnellyK]

Today I received Notice that of acknowledgement of service has been filed!

It says that Defendent's name has been corrected to read ABBEY NATIONAL PLC ~ I found that strange because that's what it said on my N1!

I'll wait to see if they defend now!

[KnellyK]

And today I received a copy of the defence that Abbey has sent to the court, this is the same as theone I received re my first claim, however it was accompanied by two copies of a letter offering 65% of my claim 'subject to your having received any refunds or goodwill payments in respect of the sums claimed'

Here's the letter in full...

"Without Prejudice"
Dear Knellyk
YOURSELF -V- ABBEY NATIONAL PLC CLAIM NO: xxxxxxx
8 June 2007

We enclose by way of service a copy of the Defence that we have filed with the Court.
The next stage in the process will be for the Court to send to each of us an Allocation Questionnaire, which asks for certain information relating to the case before it proceeds to trial. In the interim, we are writing to you to ascertain whether you would be prepared to agree to a settlement of your claim now in order to bring the matter to a close, limiting further expense to both of us and also avoiding the necessity of taking the further procedural steps such as the filing of Allocation Questionnaires.
Regarding the charges, you will see from the Defence that Abbey takes issue with your claim on a number of points. For the purpose of this letter though, we should like to mention in particular that your claim seems to be based on an argument that you should not pay any charges at all. It cannot be correct that Abbey cannot charge anything at all if you become overdrawn or do not meet direct debits as Abbey must remedy the issues with the account and this incurs expense. This is in line with Banking Industry practice and the Terms and Conditions under which you opened the account. Even if it were correct (which is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something for the expenses. Further, you will see the charges are liquidated damages, and not penalty charges and are therefore valid pre-estimates of loss.
Your claim is for the refund of £xxxx.xx in bank charges and interest. As a matter of goodwill and without any admission of liability on Abbey's part, Abbey will offer to pay you 65% of your claim, that is, £xxxx.xx, subject to your having received any refunds or goodwill payments in respect of the sums claimed. This would be in full and final settlement of your claim.
We hope that you will regard this as a reasonable offer in the circumstances and a genuine attempt to reach an amicable settlement of your claim. If you are prepared to agree to this please sign and return the enclosed copy of this letter.
We look forward to hearing from you.
Yours faithfully it's Signed by ‘Abbey’

And they've added this for me to return!!

I, Knellyk, accept your offer of settlement on the terms and conditions set out in this letter in full and final settlement of the Court Claim number ########. I confirm that upon receipt of payment of the settlement monies I will write to the Court and withdraw my claim.
Date:
Signed:

Well, as the letter's without prejudice they can't use it in court to prove they've tried to settle, so I'll send them a reply telling them I understand I'll have to complete an Allocation Questionnaire and that I'm OK about it, I'll also tell them that I don't think I should pay nothing, I believe the charge is an unfair penalty and it's disproportionate with their actual costs, so if they disclose, and prove, their actual costs I'll be happy to pay that amount otherwise, they can pay me the lot back! (or words to that effect!)

[andypal]

Hey KnellyK! It looks as if claim number '2' is within days of being settled. Good luck.

Andy

[KnellyK]

I've just been getting my response letter together and I see that the letter states

'Further, you will see the charges are liquidated damages, and not penalty charges and are therefore valid pre-estimates of loss. '

And I was wondering just exactly where or how I would see this, as the phrase 'liquidated damages' is not mentioned in the defence papers.

So, have I missed something or is this another Abbey confusion tactic?

[KnellyK]

Yesterday I got a copy of Abbey's defence and 2 pages of the Allocation Questionnaire N149 from the court. I phoned them, told them I only got 2 pages, and there was no part G or page to sign! They said it should be 4 pages so I'm going to use the downloaded one ~ I have til 28th to return it.
I'm also sending a letter to Abbey, thanking them for their offer and telling them I decline it and informing them what I'll accept as settlement (in addition to GOGW already received). I'll give them til 25th June to reply otherwise the AQ will be hand delivered to court on 26th!

[bonnie0852]

Hi Knellyk, just popping my head in to say fingers crossed for u!!!!
xxxxxxxxxxx
bonnie

[KnellyK]

Well, I'm quite confused now!

My N149 AQ is due to be hand delivered at court on Tuesday, I've printed it up and it's waiting ~ BUT, I've been reading loads since then and I think I might not have chosen the right path! And, as I've got time to alter the AQ I'd like to se if I can fathom out what's best to do.

I've gone with the new strategy and attached the draft order for directions. (I understood that bit) I'm confused because I've just read the sticky about Abuse orders and it's all gone a bit foggy!!

(I had a look at your thread as well Bonnie!!)

What I want to work out is....Do I send the AQ with the draft orders, as per the New Strategy, and wait for Abbey to ask for a strike out and then, when I have to do a 2nd AQ use the abuse orders? Or do I use the abuse order now?

Any advice would be gratefully received.

[Robdblynd]

Use the abuse order now KnellyK. Send it as an attached document in Section G I think it is on N149. I had N150 to do so mine was section H.

You include the draft order, the abuse of process, list of settled cases to which you can add mine, Charley's and Clarions, the Hackney Judgement, Lincoln & Reading orders and an up to date schedule of charges.

Almost there now.

[bonnie0852]

Hi Knellyk, As per advice from MJ, i went for the "Abuse Strike out" strategy like i think you r so on my AQ i included (Section H on N150)......Draft order for directions, List of Abbey Setted claims, 3 examples of Cases being struck out by the judge for abuse, Mullen v Hackney report and a letter advising the judge to Strike out the defence case for abuse of proces. (listen to me eh.. brainwashed)!!
You can find the list of whats required on Then new Allocation Questionnaire strategy or just yell for me!!!
Hope i have read yr thread correctly??
xxxxxxxxxxxxxxxx

[KnellyK]

I've heard nothing from Abbey and the deadline was yesterday, so today I took my Allocation questionnaire to the court!
I'll just wait around to see what happens next!!