RD vs Abbey. Feel free to comment on how i'm doing.

[rickdrennan]

Yep Inga Kirkman alright. I bet she just put a scribble o the bottom of defence letters all day long. Got your PM. Will read it in a second. Cheers

[rickdrennan]

Just to clarify. We are now under the impression that Ashurst's have provided 4 members of staff to Abbey National to handle these legal matters. They are based at Triton Square and are working for Abbey. I believe they are Christine, Inga, Tom and Jamie. This has not been confirmed yet, but appeaars to be the case. Hence why most paperwork is signed by one of the above. Please feel free to correct me or provide me with helpful info for my case.

[rickdrennan]

8th November 2006 - Ok. So the 7th of November has passed and the Abbey have so far acknowledged the claim and sent me copy of their defence. I have not received an official defence from the court, however the details of the claim on MCOL show that the claim has been defended. I expect the official defence any day now. I'm contemplating sending Abbey a letter stating that i am willing to negotiate on the settlement and would accept a small charge for each transaction (i.e. £5). I would still request the interest owed on the money and the court costs. I hope that they would accept. If they don't then at least i can show the judge that I have been making an attempt to avoid court action.

 

What does everyone think???

[rickdrennan]

12th January 2007 - Happy New Year Everybody.

Ok, so its been sometime since I posted here, but nothing has really happened since anyway. I received a letter from my local County Court this morning (Blackpool) stating that I had until the 17th of January to return my Allocation Questionaire (N149) or my case would be thrown out. The only problem is; I've never received my Allociation Questionaire! So i've just downloaded it form Her Majesty's Courts Service - Home and filled it out. I'll hand it in to the court personally rather than chance the post.

 

HELP REQUIRED: Do I have to include any other information other than the actual questionaire & do i have to send a copy to the Abbey? Please inform me somebody?

[wilkiw]

rickdrennan, hi you appear to be at the same point as i am i received the allocation questionaire and have to return it by 27/1/07.Do you mind me asking what you plan to include with yours I am claiming about £1000 also did you have to pay another £100 on submitting your questionaire.

[rickdrennan]

No there is no need to pay another fee if your claim is under £1500.00. Follow the link below for: Allocation Questionaires - A Guide to Completion (N149 or N150). Keep in touch and Good Luck.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[wilkiw]

Hi rickdrennan, Thank you for your quick reply and for the link I now feel ok with filling in the questionaire. I just thought there was alot more to send at this point? ?court bundle I have read some where, or is this further down the line?

[wilkiw]

Thank you, can now send my AQ.

[rickdrennan]

17th January 2007 - Delivered the AQ to the court today. Delivered by hand. Please can someone confirm whether or not I have to send a copy of the AQ to the Abbey? or is this not necessary?

[cross1217]

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!

[wilkiw]

You are are exactly at the same stage as me I hand delivered my AQ 16/1/07 and have not sent copy to Abbey as assummed the court would.May do now though.

Good Luck

[rickdrennan]

20th February 2007 - Received a letter from my County Court stating that my claim has been filed under the small claims track. The letter also states that:

 

"Before the claim is listed for hearing, the judge has ordered that a preliminary hearing should take place because:-

 

special directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person."

 

I have been given a date of 17th May 2007.

 

 

Is this a standard letter from the court? Can somebody please advise me as to what special directions the judge is talking about?

[rickdrennan]

2nd May 2007 - 2 weeks till court date. Received the following letter this morning:

 

"We have now conducted a complete reconciliation of your account and without admission of any liability, Abbey National Plc has determined, in this instance, to settle your claim in full. Payment will be made in the sum of £1,112.78. Payment is in full and final settlement of your claim x xx xxxxx..."

 

"Abbey is raising a cheque for the sum of £1,112.78 that will be paid into your account (if open) or posted to you. We will now inform the Court that Abbey is settling your matter in full and asking the court tho withdraw the claim from the hearing list. Once you have recieved payment, would you please inform the court that you withdraw your claim, and provide us with a copy of your letter."

 

YEE HAA!!!! SPANK-YOU, SPANK-YOU VERY MUCH!!!!

 

I was just starting to panic a little. I wasn't sure if I was fully ready with my court pack and all the documents. I even contemplated sending them a letter asking if they would like to settle for a smaller amount. I'm glad I didn't. All the waiting, time consuming letters and stress was all worth it. My advise to everyone is:

 

HANG IN THERE. THERE IS ALWAYS SOMEONE ON THIS SITE THATS BEEN THROUGH WHAT YOUR GOING THROUGH NOW. THERE'S SO MANY FRIENDLY PEOPLE THAT WILL ALWAYS HELP YOU OUT. AND MOST IMPORTANTLY DON'T PANIC! BUT BE WELL PREPARED!!!

 

Thanks to everyone on this site. I'll be donating my 5% shortly and you should too.