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Leecabs

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Everything posted by Leecabs

  1. Hi Jo, Jules and Sue, thanks for the surport as ever! Jo none of my correspondence has any solicitors names on there strange or not? Jules think I will send a copy to her by e-mail and post a copy to Abbey HQ as well a two pronged approach! Hi Sue long time no speak glad you have a date are you going to send off a bundle to the court I hear that gets Abbey to take you seriously! Then you can send them a final demand letter 10 days before the hearing see post #25 on this link its a good template may help speed things up and makes you look good for trying to settle http://www.consumeractiongroup.co.uk/forum/abbey-bank/90825-no-offer-yet-2.html Thanks everyone im out of my down state and ready to get back at them! x Leecabs x:D
  2. Thanks Jo and GIBYSOB I have been quite busy this morning gonna try and write a draft offer to this afternoon and will post it on here this afternoon to see what everyone thinks. Not sure if I should send it to Claire as so far Abbey have not put any solictor details on the Defence or Allocation questionaire? Should they have??? I think I will post the offer to Abbey all official like! Leecabs:D
  3. Any news? Who is Clare? Have you got her e-mail? Lee:)
  4. Hi Jules thanks for the advice should I just post an offer to the usual address instead?
  5. I think the judges use the whole process to give the courts more times, which is bad practice really! Lee:(
  6. Thanks Jo they did make an offer but I dont want to send them a final demand offer until I get a court date, I will settle for 7500 of the 8000 so I wonder should I make them a without predijuce offer of £7700?? Least I can try and its something to do in the mean time! x Lee x:)
  7. Hi All, well Abbey have returned their allocation questionaire and they are asking for a stay on it The court should now notify me I think of the stay? Is that right? I phoned the court and they said it will be a month from the 11th July for the judge to decide what he/she wants to do! That seems like a stay to me if he gives them a stay on top of that month I will go mental!!!! Really not happy just getting fed up with all the delays! Any views welcome! Depressed at the moment was hoping for some quicker action by the court. So its back to waiting z z z ZZZZZZZZZ:mad:
  8. Hi Jo, just got back from my holiday Abbey basically like to slow it down as much as possible it drives you bonkers, im afraid they are absoloute W*!#ers! Hope you have a lovely holiday x Lee x
  9. Abbey are just taking as long as they want looks like I wont get anything before September the courts tell there are delays their ends and Abbey want a Stay oh how crap! I think all you can do is stick it out:(
  10. Hi guys, just wanted to send good wishes, Abbey have asked for a stay in my case they are so annoying! SHOW ME THE MONEY!!!!
  11. Ok its been posted they should get that tomorrow morning, thanks to Feater Jo and French for your help :) Leecabs:)
  12. Thanks Jo wonderful love you x x x x x x x x xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
  13. Gonna take a look on some threads see if that helps this driving me round the bend what amount on the AQ? Think I will be dreaming about this tonight LOL Leecabs (Still need help on the amount please)
  14. Thanks Jo will do that on the witness front. The amount seems to be very weak on explanation im thinking of just putting my charges + interest up to the point my N1 form was entered. If you are not supposed to put the costs in section G then I dont think you put them in the amount of claim in dispute. I have PM'd Fendyweather and Gary H hopefully they can help me. Cheers Leecabs
  15. Thanks Jo and Feater for bumping me, feeling a bit calmer. I have figured out Most of it im sticking to my small track request and have put in the supporting text. I will put my name down as a witness to the facts but it asks witness to which facts do I need to list or just put all or just my name under that??? Im going to use them directions they look sound and may help stop the judge asking for a directions hearing. Now my BIG problem is the amount: can you please help me getting confused on the amount I should put on the AQ questionaire. On the guide its said your claim amount and all interest is that up until I submitted my N1 claim form or up to the date I recieved the AQ questionaire? On the same subject it said not to inculde costs does that mean not to include my court cost. I have been told by a friend I include it should I? Any help you could give would be gratefully recieved. Thanks for all your continuing support. Leecabs:confused:
  16. Bump please can someone help: 1) I have spoke to someone regarding the amount and they have said I should put all of the claim including costs and recent interest. Really want to get this sent out today as I will be on holiday from next Thursday :-|
  17. Hello Everyone, wow things are moving quicker than I expected I have now recieved my allocation questionaire. I have some questions that arent answered on the guides, can someone please help me: 1) In Section D it asks for the claim amount, do I change the amount to reflect the increase in interest accured since I entered by N1 claim? Or do I just keep it the same as the Under Section D Witnesses: 2) On the witness section do I just enter my name and adress? Next to witness name it has written Witness to which facts, do I enter anything? Witness to all facts? Track: Shall I ask to continue on the small claim track as I did when I entered my N1 form even though my claim is £7900 Shall I just state the below?: I would like to request that my claim against Abbey National PLC remain in the small claims court and be dealt with by Bow County Court only. I make this request as I do not feel I have the resources unlike Abbey National PLC to make a claim in a Higher Court. This will save time in the courts and not use any further court resources than are absolutely necessary in determining this matter. In addition, I believe my case is identical in type and complexity to a very large number of other bank charge cases which are also being heard through the small claims track, and so this case should therefore be considered accordingly. Or should I go for fast track? Getting confused reading guides but there is not much in the way of explanation can someone help me? Finally should I include the below draft directions, as im not sure what Track I should be on Fast Track: In the XXXXXX County Court Claim number XXXXXX Between XXXXXXXX - Claimant and XXXXX - Defendant Draft Order for Directions The Claimant shall within 14 days of service of this order send to the Defendant and to the Court: a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made; b) Copies of any statement or other document relied upon as showing that each and every charge has been made; c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise; d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order. 2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon; b) Whether such charge is accepted to be a penalty, and if not why not; c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was; d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable. e) Any witness statements. f) Copies of decided cases and other legal materials to be relied upon. If the Defendant fails to comply with this order, the Defence will be struck out without further order. Im really confused now can a moderator please help me? Thanks Leecabs :confused: :confused: 27/02/07 Sent Data Protection Letter 28/02/07 Data Protection Letter Receievd by Abbey National 14/03/07 1 Years Worth of Statements Recieved from Abbey National 22/03/07 Abbey National cashed my cheque for the Micro-fiche data 03/04/07 Sent Letter Before Action (Chasing Micro-fiche data) 04/04/07 Letter Before Action Recieved by Abbey National 10/04/07 40 Day Limit has now expired only 1 years of data sent. 18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office) 19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office 24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit. 26/04/07 Abbey respond by telling it will take four weeks to investigate what ever! 08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted. 23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250. 29/05/07 Receieved a letter from Shabbey stating they will not cave for another 4 weeks at least! LOL 05/06/07 Recieved a letter from Bow County Court saying that my claim is deemed served as of 3rd June, Abbey have until the 18th of June to respond/Acknowledge. 14/06/07 Received Acknowledgement letter from Bow County Court letting me know Abbey are to defend the claim. They now have until 02/07/07 to defend. 21/06/07 Recieved offer of £5112.08 sending a rejection letter by Special Delivery on 22/06/07 21/06/07 Abbey have submitted their defence it wasnt due until 02/07/07 so least I should get some news from the court before I go on holiday. 27/06/07 Allocation Questionaire receieved from court.
  18. LOL Hi Jo, Sorry been very busy at work had not time to talk, well everything seems to be going ok for you now. Dont worry about that Prelim list of charges, the court will only really focus on your claim form and the most up to date list of charges. The main thing is you had the amounts correct when you submitted the claim. Im getting nervous myself waiting to hear back from the court about what they intend do next. I hate sitting here twiddling my thumbs waiting for the some action. Keep in touch Leecabs
  19. Thanks for the continued support Fendy and Jo x Fendy im just waiting to here from the court as to what they wish to do this week, hopefully they will skip the allocation questionaire bit as I submitted a letter requesting to stay on the small claims track. If I can get a court date im going to wait till ten days before and send a final demand letter to Inga Kirkman before court. Hopefully I can haggle but wont go lower than £7614. They can keep the costs, im not so greedy. So back to a bit more waiting z z z Z Z Z Leecabs
  20. Go for it! You will be fine watch them cave when you get the court date, abbey finally sent a defence today and an offer which I have knocked back! Have a lovely weekend! Leecabs:)
  21. Hi Noobrider and Fiona, Watching with interest best of luck hope they just cough up or choke LOL, you have probably thrown them of track a bit! Best wishes Leecabs:)
  22. Thanks Noobrider, I know I would settle for 95%, its hard to turn down so much money 5K is alot of wonga! But its the principle if they wanted 8K back from me do you think they would settle for 5K 'Our survey said X' Cheers Leecabs:)
  23. Hello All, well abbey have sent a standard offer letter offering 65% of the claim 'With out Predjudice' which is £5112 to which im going to send back the below: ''With out Prejudice'' Re: County Court Claim Number XXXXXXXX Response to settlement offer. Dear Abbey National PLC Thank you for your letter dated 20/06/07. I respectfully decline your offer of £5112.08 as settlement of my claim . My claim is for £7614.74 as outlined in my Particulars of Claim, plus court costs of £250.00, and this claim will continue until payment is made in full. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim £7864.74 without further conditions and I will inform the court that the claim is settled. I trust this clarifies my position. Yours faithfully Leecabs Does that seem ok to everyone???? Any input will as usual be greatfully recieved. Its getting serious must admit im nervous, but they were so bad to me:( Its been likel Piccadilly Circus in my mailbox yesterday, they also sent me a copy of the defence if there is a moderator out there who would just check its standard for me I would greatly appreiate it. Oh and do I send a copy to the court of the defence or do they send one? Can I have some views on all this please, im going ahead with the claim although the 5K is tempting I want the 8k. Thanks Leecabs:shock: 27/02/07 Sent Data Protection Letter 28/02/07 Data Protection Letter Receievd by Abbey National 14/03/07 1 Years Worth of Statements Recieved from Abbey National 22/03/07 Abbey National cashed my cheque for the Micro-fiche data 03/04/07 Sent Letter Before Action (Chasing Micro-fiche data) 04/04/07 Letter Before Action Recieved by Abbey National 10/04/07 40 Day Limit has now expired only 1 years of data sent. 18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office) 19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office 24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit. 26/04/07 Abbey respond by telling it will take four weeks to investigate what ever! 08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted. 23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250. 29/05/07 Receieved a letter from Shabbey stating they will not cave for another 4 weeks at least! LOL 05/06/07 Recieved a letter from Bow County Court saying that my claim is deemed served as of 3rd June, Abbey have until the 18th of June to respond/Acknowledge. 14/06/07 Received Acknowledgement letter from Bow County Court letting me know Abbey are to defend the claim. They now have until 02/07/07 to defend. 21/06/07 Recieved offer of £5112.08 sending a rejection letter by Special Delivery on 22/06/07 21/06/07 Abbey have submitted their defence it wasnt due until 02/07/07 so least I should get some news from the court before I go on holiday.
  24. I think I would try Jules suggestion , if they wont except that get a bundle ready! Leecabs:)
  25. Anytime you sound like you are being given a rough ride by Abbey and the courts so time for some surpport we all need it. Leecabs:)
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