BISH V abby ** WON ** WON **

[anney63]

Keep going Bish you're a fighter !!!!!!!!!!!

[jany40]

 

 

 

I obviuosly fell into a trap, especialy as I could not attend the hearing yesterday due to my wifes op. Abbey did not attend and faxed through a letter to say entering into talks with me. Judge decided to stay for one month pending talks to resolve case. Just another months grace for abbey.

 

Feel very deflated at the moment, hope to bounce back tomorrow. Concidering a counter offer, but not sure what to do as realy fed up with it all. Comments will be much appreciated.

 

Regards bish.

 

Hi Bish

 

Try not to feel too deflated, thats what they would like you to feel.

You have always helped me bounce back when I have been worried, (which is most of the time!!), so I would like to do the same for you. Onwards and upwards, keep at it!

Best wishes

Jan

[bish]

Thanks all

 

Feeling so much better as wife came home today, under protest from me and the consultant, but she insisted. So glad to have her home and to look after her myself, She is so tired and just wanted a decent nights sleep. You do not appreciate how hard The NHS staff work until you see it first hand. They are angels, and I wish them all the good will in the world for looking after my wife so well. Over the moon and stuff abbey.

 

Regards bish.

[anney63]

Glad your back on a high again Bish Good luck to you both and I for 1 agree with you on the way the NHS staff work. Too many negatives voiced and no positives. Once again Good Luck.

Anney

[bish]

Thanks Anney, by god am I on a high, I feel so wonderfull I don't know what to do. When a loved one is in such traumatic times it is so hard to know what is for the best. I do know that abbey tried to take advantage of this situation to their advantage and I will never forget that fact. I will be going for the throat as they did. God help them

 

Regards bish.

[anney63]

Hi Bish so glad all is going well. My son cancelled his wedding last year as place he wanted reception was fully booked and everywhere else was too expensive and not of the same calibur, must have been an omen cos a few weeks later my husband was diagnosed with cancer and he was giving the bride away.. Not to worry all going well church and everything booked 11th August 2007 the big day and with a bit of luck I will have sorted Abbey out and he will have a superb start to married life and what a shindig it will be,

[bish]

Hi Anney,

 

Small world, both my daughters are getting married in Cyprus in August next year, hope we are settled before then. Sorry to hear about hubby, hope he is well and on the road to recovery. My sister has had a hell of a time with the big C, not even 40 yet so know where you are coming from. So wish you all the best for next year and so hope it is the start of a better time for you all.

 

Regards bish.

[bish]

Hi all

 

Just a quick update, standard order for stay came Friday I think, but good news as think it pushes abbey into a corner.

 

1 Claimant must notify the court of whole settlement (go with that)

 

2 Extension of stay agreed by both parties. (no way)

 

3 AQ filed by both parties in agreement with some of the issues (not likely as abbey will not disclose charges).

 

End of story me thinks. Letter to abbey with new schedule of charges and pointing out above three options. Hope that secures settlement.

 

Regards bish.:grin:

[bish]

bump

[catherinebear]

Hi Bish

 

So glad to hear that your wife is getting better I know what it is like as this time last year I was flat on my back after major spine surgery and the Abbey couldn.t have cared les so you go for it I just know you will suceed and you and your wife deserve it! Good luck to you to Anney havn't spoken for a while but glad to know the wedding is booked and all is going well for you. Good luck to all out there fighting the good fight.

Catherine Bear

xx

[anney63]

Hi Again

Thanks Catherine and good luck Bish the end's in sight. Mine is just begining. Not heard a thing N! filed 27th November. I know they will not give in without a fight but I am now well prepared. Just started a claim for my other son with HSBC they don't appear to be quite so hard to deal with as Abbey but we'll see. Hope all is well with wife Bish and Catherine hope your enjoying your cash !!!

[bish]

Hi all

 

Sorry been a bit busy with Christmas and all, waiting for the 28th to come and go, as it has. So update, had the 75% offer in a garbled and confusing phone call with the abbey rep Christine, wrote back requesting any further offers of settlement should be in writing, and nothing. Just drafted a letter to the judge, any comments welcome ;

 

Dear Sir/madam,

 

I am writing to you with regard to the above mentioned claim and the Standard order for stay, issued on 30th November 2006.

At the request of the Defendant and in line with the order, I contacted a representative of Abbey National Bank by telephone. Due to the vague and confusing nature of the telephone contact, I reviewed all the issues raised by the defendant, both in their defence and what transpired in the telephone conversation. I then wrote back to the Defendant to try and resolve at least two issues, and requested that any further attempts to resolve the dispute should be put in writing. I have received no further contact from the defendant with regard to my claim against them.

It is my belief that the defendant has made no meaningful effort to resolve the dispute, or settle any of the issues raised in the claim. I am aware of such delay and intimidation tactics against other claimants by the defendant.

As far as I am aware the defendant has not complied with any of the Judgments or Orders issued by yourself in this case. I therefore respectfully request that the defence be struck out for non compliance of the defendant to the Judgments and Orders. I hope that it is within the courts jurisdiction to do this.

I will in the meantime prepare and complete an allocation questionnaire, and file this with the court by the 11th January 2007.

 

Yours sincerely

 

 

 

Regards bish.

[Mad Nick]

Bish, here's some extra ammunition which I am planning to use myself if/when I'm in your position (ie trying to get the Judge to throw Abbey out !).

http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey-5.html#post346115

 

Perhaps the best one to attract the Judge's interest is Abbey repeatedly failing to disclose their cost structure underpinning the charges - I'd suggest you include that in your letter. That's what is wasting the Court's time. Regards, Mad Nick

[bish]

Thanks Karn and Nick, I will add those bits to the letter and get it in the post. I will also post on here.

 

Regards bish.

[anney63]

Happy New year Bish

All the best to you and your other half

Still

[anney63]

Happy New year Bish

All the best to you and your other half

Still waiting for AQ will chase it up tomorrow can't wait with the new directions info should speed things up a bit

Anney

[bish]

Happy New year to you Annie and your family, and all those on this site.

Sent amended letter off to judge and will use the new directions in my second AQ. Hope the Judge sees abbeys non complience with his previous directions as bad and goes to town on them. Good luck and hope you hear soon Annie.

 

Regards bish.

[bish]

Hi all

 

Well knock me down with a penalty charge, all six years microfiche statements arrived this morning with the following letter;

 

Dear Mr XXXXXX

YOURSELF-V-ABBEY NATIONAL PLC

CLAIM NO: XXXXXXXX

 

We refer to our recent discussion in relation to settlement.

 

Abbey National Plc continues to adopt a commercial approach to your case and we would hope you do so too.

 

The discrepancy appears to arrive in relation to the verification of the charges you claim. To this end, we now attach the entirety of your microfiche bank statements dating back to 27 July 2000.

 

We would ask that you take the time to review the 90 pages of enclosed statements and thereafter contact us with a view to bringing this matter to an end.

 

We propose to write to the court requesting a further extension of the stay period for three weeks to enable you to complete this task.

 

Yours faithfully

 

Unintelligible signature

 

 

Abbey National Plc

 

They are having a laugh are they not. The second AQ is due in on Thusday and already told them in letter responding to telephone call would not agree to another stay. Any comments anyone.

 

Regards bish.

[anney63]

Hi Bish they really are giving you a hard time. I really wouldn't know what to do but would have a quick look and see how much the difference is just out of curiosity. I would also see how long it takes and charge them costs. At least you know you're nearly there hope wife is getting better everyday.

 

Anney

[REG SINGH]

HI , BISH

I Just cannot believe this,however i agree with Anney63 if you stick to same amount on claim i believe that the judge will not allow for the stay it will only go against if the figures are not to your satisfication,

shabbey are low of the lowest thats what a 12yrs boy told me.

we behind you no worries mate.

[bish]

Thanks Annie and Reg, just gone through the microfiche statements and compared them with originals and schedule of charges sent to court. The copies they sent me have nearly all the charges highlighted, yes nearly, 5 have not been highlighted. The only discrepancy I can find is that I actualy missed 2 charges of my claim amounting to £52. Feel another claim coming on. I will write back to them and point this out, but not worth amending the claim for £52. Will also inform them that going to file allocation questionnaire as required by the court. I can not believe the cheek of the Bar stewards, their commercial approach nearly cost me my home and bankruptcy. Can't seem to find the new draft directions for the AQ, can anyone point me in the right direction as brain dead from all the statement sifting.

 

Regards bish.

[anney63]

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires.html

There you go Bish It makes a change for me to help somebody.

 

Anney

[REG SINGH]

HI,BISH

The above direction has also been mentioned in noorbinder thread ,sounds good let them taste their own medicine.

GOODLUCK

[bish]

Thanks Annie and Reg, Just wrote this what do you think, will send so they get it after I file the AQ.

 

Abbey Plc

2 Triton Square

Regents Place

London

NW1 3AN.

 

8th January 2007

 

REF XXXXXXX

 

Dear Sir / Madam,

 

XXXXXXXXX-V-ABBEY NATIONAL PLC

CLAIM NO : XXXXXXX

 

I acknowledge receipt of the microfiche bank statements that I requested seven months ago. I have compared the microfiche statements with the original statements, and the schedule of charges that accompanied my letter dated 3rd December 2006. I note that nearly all the charges on the microfiche statements have been highlighted, however, five have not.

I also note from going through the statements that I missed two charges applied to my account. I can only assume that the discrepancy you refer to in your letter is due to the two charges I missed, and the five that you possibly missed. I can only reassure you that the figures relating to charges set out in my letter of the 3rd December 2006 are correct, apart from the two that I missed. I should also point out that the dates relating to charges in the schedule, are when the actual charge was applied, and not when debited from the account. Charges are deemed to have been applied for the whole of the month in which they have been charged.

 

It took about three hours to go through the paper work and confirm that the charges as detailed in the schedule are correct. I do not require a further three weeks to go through them and see no reason for a further stay. As previously mentioned I wrote to you five weeks ago, requesting any further proposals for settlement should be put in writing, and that I would not agree to a further stay. As I had not received any reply from Abbey to my letter by the 28th December 2006, I wrote to District Judge XXXXXXX and enclosed a copy of the letter sent to Abbey on 3rd December 2006. I will leave it to the District Judge to decide weather Abbey National Plc continues to adopt a commercial approach to my case or not.

 

With reference to recent telephone conversations in relation to settlement. I was lead to believe that under the Limitations Act 1980, I could not claim further back than six years. I have now had the opportunity to read this act in full, and I note that under Section 32 Part 1 b & c, that conversation was misleading. Is this further evidence of a commercial approach to my case.

 

It appears that the only issues being dealt with are Abbeys. As I have done my utmost to resolve some of Abbeys concerns and issues, it is only fair, and adopting a commercial approach, right that Abbey should reciprocate. I draw your attention to the particulars of the claim section 4 a & b.

 

I look forward to your speedy reply, in the mean time I will file my allocation questionnaire as directed by the court.

 

yours faithfully

 

 

Mr XXXXXXXX

 

 

regards bish.

[anney63]

Hi Bish

Brilliant should put the cat amongst the pigeons. If that don't respond quickly then they are very very foolish or very stupid.

Anney