cAHOOT FILES DEFENCE - WHAT NEXT?

[poppynurse]

Following the stay I wrote to Abbey as Caro suggested offering to settle for the full amount or reduce it to reflect the true cost to the bank.
As below:

I am prepared to make this final attempt to reach a settlement with you in accordance with the judge’s wishes. At today’s date the balance of my claim for charges and interest stands at £1720.57, although interest is accruing daily. A further £220 is sought in respect of the costs of issuing the claim and submitting the allocation questionnaire. I would therefore be prepared to accept £1940.57 in full and final settlement of this claim. Alternatively I may be prepared to reduce my claim to reflect the actual cost to the bank of each of the items on my schedule, although I would obviously require a breakdown of how these costs had been calculated.

I have today (day before judge's deadline) received their response as follows.

On review, it is apparent that you are not in fact willing to enter into meaningful settlement negotiations. The offer put by you represents 100% of your claim and is not indicative of any compromise on your part.
In the interests of commerciality, Abbey...will make one final offer of £1300 in full and final settlement of your claim...without admission of liability...

What next - will the judge take the same view?? HELP!!!!!

[caro]

On review, it is apparent that you are not in fact willing to enter into meaningful settlement negotiations. The offer put by you represents 100% of your claim and is not indicative of any compromise on your part.
In the interests of commerciality, Abbey...will make one final offer of £1300 in full and final settlement of your claim...without admission of liability...

You have offered compromise here.

Alternatively I may be prepared to reduce my claim to reflect the actual cost to the bank of each of the items on my schedule, although I would obviously require a breakdown of how these costs had been calculated.

All you are asking in return for this reduction in your claim is that they provide you with the information to show how they have calculated their charges.

I think that is a meaningful discussion and don't see why a judge wouldn't take that view too. Don't let them get to you.

[poppynurse]

I've just noticed that the put the wrong claim number on the letter to me!!! So I'm going to email and ask them to review their settlement figure as they appear to have been looking at the wrong claim so must have made a mistake in calculating their offer.

[caro]

It's worth a try. Maybe they were looking at a different letter too. LOL

[poppynurse]

About to send this - any thoughts??

Thank you for your letter dated 11.04.07, however I note that you quote an incorrect claim number (7QZ22064). The correct claim number is as above. I am wondering if this is why your settlement offer of £1300 is so much lower than the sum claimed for? The sum claimed is £1940.57 as at 29.03.07 although this will increase daily in terms of interest and costs in respect of compiling my court bundle.

Further you state that I have not entered into meaningful settlement negotiations whereas I have been trying to resolve this matter for months, on the 29.03.07 I actually offered to settle either for the full amount (thus preventing either side incurring further costs) or alternatively a reduction in my claim to reflect the actual cost to the bank of each of the items on my schedule, although I would obviously require a breakdown of how these costs had been calculated. I maintain that this is a reasonable attempt at settlement. I could suggest that by offering such a derisory amount that you have not entered into meaningful settlement negotiations, not to mention the fact that you have ignored my previous attempts to resolve this matter thus forcing me into legal action. I might even suggest that you only applied for a stay to delay matters further.

As you are aware the stay expires on 16.04.07 and if I do not receive a reasonable settlement offer I will have no alternative but to write to the court and ask for allocation of a court date forthwith.

[caro]

Originally Posted by poppynurse

About to send this - any thoughts??

Thank you for your letter dated 11.04.07, however I note that you quote an incorrect claim number (7QZ22064). The correct claim number is as above. I am wondering if this is why your settlement offer of £1300 is so much lower than the sum claimed for? The sum claimed is £1940.57 as at 29.03.07 although this will increase daily in terms of interest and costs in respect of compiling my court bundle.

Further you state that I have not entered into meaningful settlement negotiations whereas I have been trying to resolve this matter for months, on the 29.03.07 I actually offered to settle either for the full amount or alternatively a reduction in my claim to reflect the actual cost to the bank of each of the items on my schedule, although I would obviously require a breakdown of how these costs had been calculated. I maintain that this is a reasonable attempt at settlement (thus preventing either side incurring further costs or wasting more of the courts valuable time). I could suggest that by offering such a derisory amount that you have not entered into meaningful settlement negotiations, not to mention the fact that you have ignored my previous attempts to resolve this matter as requested in my letters from (insert date of preliminary letter) and subsequent letters thus forcing me into legal action.

Additions shown in red, but leave out this bit I think.

I might even suggest that you only applied for a stay to delay matters further.

As you are aware the stay expires on 16.04.07 and if I do not receive a reasonable settlement offer I will have no alternative but to write to the court and ask for allocation of a court date forthwith

.

Perhaps change this to

As you are aware the stay expires on 16.04.07 and if I do not receive a reasonable settlement offer I will write to the court with draft directions for the information I am requesting regarding your actual costs be provided, along with a list of similar claims settled in court, and claims settled before a hearing, or that your defence be struck out if not provided within 14 days.

FYI I'm referring to these draft directions.

http://www.consumeractiongroup.co.uk...ost-90321.html

[poppynurse]

Well Cahoots time is up and they have not replied so I am writing to the court asking for a court date. I have spoken to court and I don't have to submit another allocation questionnaire. How long is it likely to take now???

[caro]

Varies from court to court I think.

[poppynurse]

Finally got a court date - for August!!! Then I'll have to start all over again because they keep adding charges every month
Is there any advantage to submitting the court bundle early???

[ukmp3]

Yes - do it asap as the time frame for Cahoot to respond is then 21 days or as directed by the court.

The more prepared you look the better

[caro]

I don't see a benefit to doing the bundle too early, because by the time it is due there may be new information that becomes available to support your case. Anyway they may settle before you even need one.

[ukmp3]

Got to say I disagree.

The court wont want this case any more than any other bank claim. If all the paper work is in and tidy, as required and without a fuss they tend to take the opinion that "at least everything is in order" - well thats from my experience anyway.

I wouldn't make the court wait for anything - let em have it and put the ball back in the banks court - so to speak.

[poppynurse]

My court date of August 20th seems a long way away....is it worth emailing Inga Kirkman saying that I'm about to start preparing my court bundle and will be adding the preparation costs to the claim unless they would like to settle now???? I could do with getting it sorted as they keep putting more charges on each month.........

[ukmp3]

All I can suggest is what has happened in my case.

Prepare and send the bundle - when cahoot get it they will decide that it isnt worth them defending and they will pay out.

see UKMP3 V Cahoot (7QZ31652)

As far as I know you cant claim the costs - I did ask for them in the court bundle for consideration by the judge - maybe that helped Abbey (Cahoot) settle.

[poppynurse]

My court bundle is now in......it took me ages to prepare but I guess now I just sit and wait

[poppynurse]

Well my court date is the 20th and I haven't received a bundle from Abbey. My bundle went off 10 days ago. The court said that bundles had to be in 14 days before court so that was yesterday....what should I do now? If Abbey don't submit a bundle does that mean I win???