Abbey & me

[keanej]

Hello to one and all

 

Started the process with money claim online and Abbey had until the 8th August to file a defence. Lo and behold on the 4th August I receive a letter from Abbey's solicitors (looked like a computer generated one) saying that thery are process of reviewing and preparing the banks response. A defence will be filed in due course. They are also asking me to only speak to them and to provide details on how I reached the figure £3202 charges and £1156 interest.

 

I believe this is just a bit of scare tactics (i hope!) They have until the 22nd August now to file a defence.:?

[leighsuz]

Wow! That's a lot of interest, Have you double checked it?

[leighsuz]

Good luck with everything Keanej... Keep us posted how it all goes

[keanej]

Thanks for that guys, I couldn't believe how much interest there was either!

 

But I used the interest calculator and have printed out the page, 1806 days have passed since the first date of 8/8/01 up until 19/07/06 last charge date. So interest comes out at £1156.56 for £3202 of charges.

 

Also I am being generous as I am only using statements I have got here I could of added on another two years worth to make it up to 6 years

[leighsuz]

I'd be tempted to put another claim in for the other two years statements lol.. They're not generous to us afterall.

[keanej]

BIG MISTAKE!!!! uh oh!

 

When I calculated the interest I put in the total amount of charges instead of singular and then the dates from when the first was to when the last was. I am way out, but I have already submitted those figures to the court two weeks ago, no wonder the solicitor wants to know how I came up with the charges.

 

WHAT SHALL I DO? :o

[jannercobbler]

you can amend the claim with the court it will cost you about £35 to do. then just send a copy to the Abbey's solicitor.

[keanej]

Can I just send the amended figure with the spreadsheet to the solicitors instead? And admit my mistake.

[keanej]

Shall I inform the solicitor this is what I am doing, or just send the new forms off to the court.

[keanej]

Decided to email and fax the claim spreadsheet to Paul at solicitors did it on 6th August. As of yet, and it is now the 12th August I have received nothing. I expected a letter on Friday as that is when they seem to turn up so it buys them more time, but no!

 

I received the hard copy that they intend to defend all of the claim, but I take it as standard going by all the other threads. The 18th is when the 28 days are up, I will not get my hopes up that it will default my way. I expect either a letter before then, but if receive nothing by the 28 day deadline, what is my next step?

[keanej]

Well!!! Please Help!!!!

 

Well today recieved the letter from Paul at DLA with two copies of the letter and the defence that they have filed.

 

They have offered me 50% of my charges, which amounts to £2299.28 (inc court fee and interest). My original request is for £3507.92 plus £120 court fee.

 

In the defence it states that I have provided no particulars of the dates and amounts debited to the account, even though the solicitor asked me for these details and they were faxed and emailed to him over a week ago. IS THIS STANDARD?

 

Also, as I had made an error on calculating the interest first time round the sheet was accompanied by a letter stating this with the renewed figures which was less that originally requested through the court.

 

The offer they have made is on the mistaken interest (they have offered £578.28 compared to the amount sent to the solicitor of £291.92???

 

I obviously will not accept and will write back to the solicitor 'without prejudice' informing him of my decision, anything I really need to include?

[keanej]

;D

I have received an email today in regard to my counter settlement with Abbey's solicitors. They offered me 50% I asked for 90% and they have agreed. My original claim was for £3,266 and they have settled at £3157.12 plus £120.00 in court fees.

I am writing back tonight to accept on condition that they also refund charges incurred since I started my claim, at 75% which comes to £401.25 without interest.

I have included my letter which I emailed yesterday which seems to have hit a note with them.

 

WITHOUT PREJUDICE

 

Dear Sirs,

 

Northampton County Court Claim – Claim 6 QZ 47882

 

Thank you for your letter dated 11th August.

 

I would like to bring to your attention that I have not at any time asserted that I should not pay any charges at all.

 

I still feel that the sum charged is disproportionate and unreasonable with the object being to penalise. I have continued to be penalised ever since. £3,266 is not by any standard reasonable and I find it extremely difficult to believe that the administrative charges of Abbey could amount to anything like this sum.

 

I would like to see Abbey National held legally liable for the disproportionate charges that seem at least to some degree to profit from people who have got into financial difficulties. However, in an effort to end this matter, I would be willing to accept a 90% reduction of the charges and interest plus the court fee of £120.00 and an understanding that Abbey is not held legally liable.

I hope that you will regard this as a genuine attempt to reach an amicable settlement.

 

In conclusion I would be willing to accept £3,157.12 plus £120 court costs in full and final settlement and understand that Abbey National Plc will not be admitting legal liability.

 

As I am sure you will appreciate, the charges claimed do not take into account the fact that charges have continued to be applied to the account since the date of the claim. These charges have only been applied to the account because of the "charge applied to account, charge incurred to the account" cycle.

 

Whilst I understand your instructions are only to act in the sum claimed in the claim form, could I also request that as a gesture of goodwill and by no means an admission of liability that should your client agree to the above then it would also apply to the charges incurred from the date of the claim to the date that the payment is credited to me via a cheque i.e. I would only be responsible for 25% of all charges.

 

Yours faithfully

 

Lets hope that the cheque doesn't take too long to arrive.

I recieved the allocation questionnaire today aswell, shall I hold onto it until the cheque is in my hand, I have until the 2nd September to return it.

[lknox]

Cool.

I hope you get the interest too! Let us know....I may well "borrow" your email text - with your permission of course

[keanej]

Of course you can use it, I 'borrowed' from someone else.

 

This site has been a lifesaver as I really do not think I could have gone for it, just have to wait for the money!

[lknox]

Is the DLA chap dealing with your claim Paul Denham?

That's who I've got so hopefully he'll view my counter offer in a similar spirit of "goodwill"

 

Good luck

[keanej]

Yes it is, he seems very efficient.

 

Good luck!!