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cross1217

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About cross1217

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  1. Well my story ends here, I've WON !!!!. £8800 went into my account today from Abbey. I will notify Court, who sent me a letter today which included details of Judge Rutherford's decision to send to small claims and stating that a hearing would take place on 2 May!. Interestingly, he had agreed to draft order requesting Abbey forward details of how each and every charge is calculated. All academic now as I have settled out of court with James Arrandale. Best of luck to everyone - this was alot easier than I ever imagined - thanks to an excellent consumer group site.Keep up the great work!!
  2. *************************Hoooooooooooooooooorah!!!!!!!!!!!!!!!!!!!************************************************************************ Just received phone call from James Arrandale offering settlement of £8800 - that is full refund of charges plus court fees and % of interest!!. I'm more than chuffed with this result and thank CAG for all your help. This really is an excellent site with some very helpful and friendly people that have encouraged me to pursue this claim. James has said that money will be paid direct into my account within 7 days and once received I will advise court of settlement. Donation to CAG once payment received.
  3. Hello all, AQ filed at court this morning with draft directions for the Judge to consider. Await their response. In the meantime I have been in touch with James Arrandale who I initially faxed at Abbey with a view to a settlement offer. It looks like he is prepared to offer me the whole refund of charges plus a % of interest due which I would be happy with. He has asked for the charges to be checked by one of his colleagues and then a cheque would be issued. Watch this space......................
  4. Pkir, Well done . I have beeen dealing with James Arrandale too. Just prior to submitting my AQ I gave him a call to discuss a settlement. I have been promised full refund of charges plus a % of interest. I will await cheque and post my AQ in the meantime just in case it all goes flat. James was excellent. It will save me all the hassle of court which I can do without at the moment. This may not suit everyone but I think it was the correct decision for me.
  5. Thanks, have drafted a letter which I will send to Abbey recorded delivery tomorrow. Don't think as you say it will do any harm. I'm sure they won't reply to it but I'll then proceed with AQ and draft order for directions. Response to settlement offer Dear James Arrandale, Thank you for your letter dated 24/01/07 which outlined the Defence to court proceedings against Abbey by myself and the offer to settle a proportion of my claim. I respectfully decline your offer of settlement of 50% of my claim and court fees, that is £5129.50 and request, once again, that you return to me all charges imposed on this account, totalling £9759 plus costs and additional daily accrued interest. I will accept however, your offer only as PART PAYMENT and on the clear understanding that I will pursue the recovery of the remainder with the County Court claim. Prior to me submitting my Allocation Questionnaire and Draft Order for Directions for the Judge to consider this week – I give you a further chance to consider my claim before protracted litigation and further costs to both sides. I would be willing to accept 95% of my claim including costs and accrued interest. I trust you will consider this offer as a last chance before this case proceeds to Court and give notice that within 7 days of the date on this letter I will proceed with my AQ. I would like to remind you that it is my intention to take the necessary action to recover the above charges which I believe were levied unfairly on the above account. I trust this clarifies my position.
  6. Thanks Gary, Will do that. I'm also thinking of contacting James or Inga direct at Abbey to negotiate a settlement. In 2 minds really - as don't want to appear weak. However, I have heard that they are quite receptive to 90-95% settlement prior to AQ being filed??. Anyone any views on this???
  7. Gary, I'm now at the stage of completing my AQ against Abbey and will attach draft directions as outlined earlier by youreself and Bankfodder. However, I am unsure as to what to include in Section D where it asks about track and brief reasons for you choice. My claim is for over £10k and you have previously advised to tick the small claims box?. Is that right?. If so, what do I say in the reasons box?.
  8. Letter received from Abbey today offering 50% of claim (£5129.50). Attached also outline of Defence. Will now be sending letter thanking Abbey for this offer but stating that it is my intention to claim the full 100%. As I am about to return my AQ - is it a good idea to send them both at the same time and a copy to the court?. Does the court need to know that I have been sent this offer from Abbey?. Or do I proceed in the normal fashion with the AQ next and the draft directions???.
  9. Hello everyone, ****UPDATE**** Yesterday I received letter from the Court enclosing Abbey's defence. I have until the 12th Feb to complete and return to Court the attached AQ. I will be including the draft directions for the Judge and will post those on the site for the moderators to check before I send. Lots of reading to do this weekend on AQ and draft order of directions!.
  10. Hi, You don't HAVE to but it is best practice and common courtesy to send a copy of AQ to Abbey. If anything it alerts them to the stage you are at. Although i think the court send a copy anyway. You are a couple of weeks ahead of me so I will keep a watchful eye on your progress. Best of luck!
  11. Personally, I wouldn't. Why accept 80%?. Abbey will only see this as a sign of weakness. I doubt they would settle any faster. In fact, they would probably string this out to the wire. Keeping pressure and threatening court is the only way Abbey will see sense. They are the worst in the business in this regard. You only have to read the other treads from other banks to see Abbey stall and stall and delay. I would wait for your full refund which you are entitled to.
  12. Know the contents of the court bundle - no one is expecting you to appear as a Barrister and ague your case in court. But if, i mean IF you had to attend court with Abbey be at least prepared to argue the main principles as outlined in your bundle. Anyway, you wont need to - Abbey have failed to argue their case in court so far - prefering to pay out thousands to their customers. Best of luck - hold on and you will win!
  13. Anney, Won't be long now I think. The new draft directions should tie Abbey down if the Judge agrees to the request. In fact, like me you will probably receive an offer of settlement soon in the form of either a GOGW or 50%. I will keep an eye on your progess. Fingers crossed eh?!?...
  14. Bish, Good luck - you are a couple of weeks ahead of me. I don't think you will have much longer to wait now and the new draft directions really tie things down nicely if the Judge agrees to the request.
  15. Oh.....good old Abbey!. No, you have not blown your chances but you should stick to your guns and work to the timetable advised here on CAG. I would send a second Letter Before Action detailing your claim and giving them 14 days or else you will file your claim. The money they have charged you is rightfully (arguably) yours and then proceed with court claim. Post your letter on the site and then send recorded delivery to London - Triton Square, Regents Park address. I am not a moderator and only offer this advice from experience I have gained since proceeding with my claim. Best of luck to you!
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