Abbey and other questions ** WON **

[Robhughes]

Hi, Any takers on the contractual interest part of my statement of evidence? (post #93) or is the consensus that it doesn't really matter?

 

I got an N265 form from the court yesterday - the official form for Standard disclosure by list. The first part says "I did not search for documents pre-dating......"

Am i right in thinking that this date must be the date of teh ealiest case example to which I'll refer if necessary i.e 1886 Elphinstone v Monkland?

Also, I'm just a couple of hundred yards from Triton Sq so can I just serve the documents in person addressed to Inga and get a receipt from the receptionist?

[Robhughes]

actually, is it even necessary to use the N265? I haven't seen it mentioned on any of the other threads here...

[Robhughes]

Well i made an executive decision and included it. Docs posted to Abbey bey recorded delivery today. I wonder if i'll receive their siclosure list on time...?

[Robhughes]

so as of 4pm yesterday, (the deadline set by the judge for standard disclosureon both sides), Abbey have niether filed their docs with the court nor provided me with SD by list as directed.

Is it worth writing to the judge to point thisout? Anything else I can do to chivvy things along?

[Robhughes]

well I guess that the ball is firmly in teh bank's court as it were so if no-one has any suggestions I'll just sit back and wait.

 

One other thing, if they offer to settle (in full) before the hearing, is it worth trying to get the charges they levied a week ago as part of the settlement to avoid going through the whole thing again (charges that, needless tosay, wouldn't have been incurred had they paid up earlier)

 

Has anyone tried this?

[Robhughes]

So, the bank didn't serve their disclosure list to me, didn't file their documents with the court and now haven't responded to my email asking if they want to settle out of court given that the hearing is next week.

 

So I just sit here and wait. Btw how many contractual interest cases have Abbey settled - anyone know?

[anney63]

Have you tried phoning. Looking at other threads it's looks as if they respond more positively to phone calls. Might be woth a try is it Inga or James dealing with your case ?? I have both numbers

Anney:)

[Robhughes]

after an emaikl or two, James has offered me charges + interest @8% plus costs. I'm charging contractual interest. He says that Abbey have successfully defended contractual claims in court. I don't think that this true...Anyone know of ANY case where Abbey have turned up to defend and won?

[Guest bong]

I think Glenn UK but not sure if that is deemed a win or not - he was caught unprepared I think.

[Robhughes]

yeah that's a tricky one. Either way, the bank hasn't fikled or served any papers for the hearing next wednesday so i don't think they could rely on the documentation anyway..

[Robhughes]

Well either way it's now academic. the bank has offered to settle at 8% plus court costs plus 24 hours preparation time and I've accepted. I guess I could have held out for contractual but and gone to court but given Glenn's recent travails, I felt happy with waht they offered me.

 

Or, to put it another way - I WON

Big thanks to everyone on the site who has hepled, particularly thewifeandi, missphant, the_phoenix, tanzarelli karnevil and alanfromderby. Donation will be given as soon as the money's in my account

Now, to start on reclaiming the 240 quid they took off me at the start of this month...

[Robhughes]

That's A WIN folks. Keep at it, you'll come good in the end