clippy v abbey

[Clippy]

I have received a letter from the courts telling me that the district judge has done away with Allocation questionaires for bank charge cases. My case has been transferred to a court nearer to my home address. I presume this is because they are inundated with cases. Has anyone else had this letter? I am waiting patiently for the next news but I don't know when that will be as the lady I telephoned at the court said that everything is being done in strict rotation. 28 days has long passed so I am hoping that everything is going according to plan!!

[KnellyK]

There are lots of people that have had the AQ dispensed with ~ although I think you still have to pay the fee! Have a read through some of the threads here and you're bound to find one or two people in the same situation!

Good Luck and keep us posted!

[Clippy]

I am wondering what will happen next. I have gone through a few threads here and on MSE website. It seems to be different for everyone. I have not received a court date with my letter from the new court location, do I wait and see or do you think I should start getting my bundle together now? Any ideas anyone?

[louis wu]

Theres no harm in preparing the basics for your bundle, as it will surely get to that stage.

The courts are busy, some more so than others, and its probably just a normal delay. If you are concerned give them another call and ask for an update, you can bet your life a solicitor would be calling everyday if it was important to him.

Louis

[ChloeJane]

Hi there,

A really good link to read is here -

Is your court dispensing with the Allocation Questionnaire?

I hope this helps in better understanding.

You will probably receive a set of directions or order or instructions from the court. when you get these post back and let us know what they state and someone will guide you through as they are varied it appears.

If you follow the above - then you cannot go wrong.

If in doubt at this stage or unsure please post back.

CJ

My case has recently been transferred from MCOL to my local court, I had not heard anything from my local court so I gave them a call and they told me that Abbey had informed them that the case had been settled!! (This must of been the 50% GOGW offered when they sent their copy of their defence). I then had to send the court a letter informing them that the case was not settled and request that they move forward with my case. I have now received the AQ to fill and send back. I would contact your local court (if anything like mine they are very helpful) to find out the status just in case.............

[Clippy]

I finally recieved a court date but its not until 7th September!!! they must have alot of cases to hear! Got to get my court bundle started now I think. Has anyone else been to court yet? Whats it like? I am pretty nervous about it. I have had absolutley no communication from Abbey since I was informed of their defence. Is this normal? I thought they might have made me an offer or something.

[fendyweather]

Its normal, I wouldnt expect anything until the last minute if I were you, but dont worry about the bundle, just work slowly, methodically and progressively ensuring you cross every t and dot every i in your bundle. Here this should help.

All the best, and whatever you do, dont panic. You can do this, you can, AND WIN, walking away with big cheque in hand, and smile on face, Lol xxxx Fendy xxx Best of luck, nearly home and dry......... Fendy xxxx

Basic Court Bundle

just keep reading as much as poss. You will be fine, but just pop back for help if you need it. Were all here to help as much as you need it. xxxx

[Clippy]

Thank you so much! I have just been looking again through the court bundle advise given. It seems like such alot to do but will make a start. Thank you again will keep in touch!

[Clippy]

Bit of a problem here not sure what to do. In February Abbey put 3 miscellaneous refunds into my account totalling 103 pounds. I ignored it as I thought they were just trying to butter me up. I recieved no correspondence explaining the refunds.....or so I thought. Today thought I would start on my court bundle and low and behold found letter saying that they had refunded this amount as a good will gesture. This was paid before I started court proceedings but now I am not sure what to do. Should I write to the court and tell them that they paid this and that I had lost the letter or what? After reading some of the threads tonight I am seriously thinking of writing asking for a setttlement. Wading through all the court bundle stuff has left me weak!! Will the courts look badly on me for not declaring this 103 pounds?

[Clippy]

I am thinking of writing to Abbey to ask for an out of court settlement. I have had no correspondence from them since they issued their defence. I did not go to the ombudsman before making my small claim either. I have a court date for the 7th Sept. I don't know what to write or who to address the letter to. Has anyone else done this? If so how should I go about it? I think that the court might have some more sympathy for me if I have tried to contact Abbey before the court date what do you think? I would be grateful for any advice on this as I want to get going on it soon.

[ICY]

have a look on the last page of my thread, i thought about making an offer, emailed her at 5ish tonight and have had a response

[Clippy]

thought i would start new thread as I seemed to be hijacking ICYs.
I have a court date for 7th of Sept. Up until now I have had no communication with Abbey apart from the defence. I decided today to try and get some kind of settlement with them and emailed Irma Kirkman with the following:
Claim number 7QZ42995
Acc Nos. xxxxx and xxxxx I am writing this email as a final offer of settlement before the case appears before the court, I am making this offer in an effort to reduce the costs to yourself before I prepare the bundle, which as you will be aware will also incur you additional costs. I am aware of the large amount of claims which you are currently dealing with and to assist your workload, I believe it would help all concerned to settle this matter out of court.
It is well documented that you have no intention of ever going to full hearing, shown by the fact that you have settled an extremely large number of claims at the last minute before going to court, and it would be beneficial to all parties, including the court system that this matter is dealt with out of court.
You will be aware that the courts are now starting to dismiss with the allocation questionnaire, I have received notification of the AQ being dismissed in this case. My claim amount as of today stands at £4663.79 including court fees and interest, I am prepared to settle this matter for the sum of £4300 fourthousand three hundred pounds. I am sure you are well aware this figure is rising on a daily basis, and will increase with the cost of completing the bundle, including photocopying costs, ink costs, the cost of time to prepare the bundle, further court costs and transport and postage costs. As you can see settling this matter now, would be mutually beneficial. For any avoidance of doubt refusal to settle will not stop the legal action against you, I shall be following the legal process to the end.
This settlement offer is valid for a period of 7 days, after this period has expired, the matter will continue to be dealt with by the court system.
I am hoping we can come to an amicable agreement on this matter.
I look forward to receiving your prompt response.

i recieved this reply but it doesn't really make much sense. Does anyone have any ideas on what I could write back? or did anyone else get this response?
her reply:

Without prejudice"
Thank you for your email.

I am happy to look at your claim, but to do so ahead of its proper place must be of a significant commercial advantage to Abbey. This is the only way that we can be fair to all of our customers. Unfortunately, your offer is not sufficiently commercial. Should you wish to reconsider your position I am more than happy to have discussions with you.

Kind regards,

Inga

Should all emails be addressed "without prejudice"? I thought it meant that the items could not be shown in court?

[ICY]

What she has replyed with doesnt seem to make any sense to me, could you possibly email her back asking her to explain what she means by it must be of sufficient comercial advantage

[Clippy]

Originally Posted by ICY

What she has replyed with doesnt seem to make any sense to me, could you possibly email her back asking her to explain what she means by it must be of sufficient comercial advantage

Everyone I have shown it too agrees with you. It doesn't make any sense. I will compose another email to her and send it off. My financial situation is quite grave now so I would be glad to accept a reasonable offer.

[Michael Browne]

Makes perfect sense to me. What she is saying is that Abbey are dealing with claims in date order and if you want to jump the queue, you are going to have to make it worth their while and accept a lower figure. The fact that you are offering to settle for less signals to her that you could do with the money now (and apparently she's right) and she is using that to Abbeys advantage to beat you down even more

[Clippy]

Please look at this for me and tell me what you think!!
Dear Inga,
Thankyou for your email of Friday the 8th June. I am afraid that I do not understand what you are trying to say. What do you mean by "sufficiently commercial"?. All I am trying to do is to come to an agreement out of court. Surely you can see that this would be the most sensible route to take, given the increasing costs, court backlogs and your huge workload. I enclose a copy of my original email with your reply and would appreciate a prompt reply

[Clippy]

Thank you Micheal. I do understand what your'e saying. Its a shame she didn't put it the same way. Should I send the email I've composed above or leave it for a while longer? My court date isn't until sept 7th so I still have a while to wait. Does this mean my claim is at the back of the queue?