JKOP Vs Cahoot

[jkop]

doh! Called up Abbey,

 

She thought she's sent it off and wouldn't have know if I hadn't called, though will look better on me in court that I try to be fair in my claim and hopefully will speed things up in the long term because I would have got judgement but they would have probably tried to get it set aside saying they sent defence which would have delayed things even longer.

 

She thanked me for letting her know and she did ask if I had a figure in mind to settle the case lol.. I said sure... the full amount including my costs

 

She said she couldn't do that but would have a look at my case and come back to me with an offer today. Might be tempted with ALL charges plus court cost but minus interest if settled now as this is what I'd have got if they settled at LBA stage.

[Lager_Lou]

I think you did the right thing calling her up - they would only have overturned the judgement and prolonged everything. And although I can see you'd be tempted to take a settlement less than you've claimed for, I think you should hold out and bargain hard with her - the interest is probably quite a bit on your claim.....

[jkop]

yep amount £275.. i'll try not to be weak!!

[Lager_Lou]

Good luck!

 

(I think personally I'd grab it and run all the way to the pub with it - but that's the kind of attitude that has landed me in such a mess!)

 

[jkop]

lol too true -

[Abby]

Keep at it JKOP. Stick to your guns and don't accept anything less than what you are entitled to.

[jkop]

will do - I told her when she said did I have a figure in mine... I said der.. the full amount, she said well TBH we'd rather go to court and lose (which I laughed) but she's going to come back to me with an offer today but I'm going for full amount, I nearly weakened yesterday!

[perez30]

Stay strong JKOP!

 

I'm at the AQ stage of my claim and following your case with interest.

 

Funny that she said they'd rather go to court and lose - because that's what would happen!

[jkop]

thats what made me laugh, I was tempted to forgoe the interest in return for quick payment but I'm going to be strong!

[Abby]

It is a temptation to settle for less. Especially when they offer you just below what you are asking for. It is very hard to turn down money! I've no doubt as your court date gets closer they will offer you the full amount.

[jkop]

indeed! I'm going for full amount, why should I let them have some of MY money!

[jkop]

Right finally got AQ though this morning - now going to fill it out - woman from abbey hasn't called back since we spoke the other day with her offer so shall i give her a call before I post off AQ or just send off regardless? shall I say - would she like to settle and save more money or shall I not call at all - as I don't want to look desperate .

[jkop]

How does this sound for the AQ:

 

I have two questions - in their defence they have said if the charges aren't proportionate then I should pay what is... but in the text below I say I'm suprised they haven't counterclaimed - Itake it they haven't actually counterclaimed right?

Also - is there a better wording for B) as at the moment it's accidentally gone to Coventry Court and I want it locally to me.

 

 

A) NO

B) YES - Dartford County Court. I, as a private individual with limited resources, are claiming against a company who carries on business in this location with huge resources, then the case should be heard locally to me.

C) YES

D) 0

E) NO

F) NO

G) I believe the case will last no longer than 1 hour. I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

H) Fee attached

[Lager_Lou]

Hey Jkop,

 

Shame she never phoned you back eh?!

 

I don't know the answer to your question but would love to know because obviously it will influence what I write in mine. (I haven't actually received my AQ yet - will have to phone the court on Monday if nothing received by then.)

 

Hope somebody answers, will continue looking.

 

Also - have you tried the Abbey forum? The defence seems exactly the same from the few threads I've read.

[jkop]

had a very interesting and frank chat with inga - seems an honest and nice enough lady. basically they are in undated and have to check all the charges off against our statements before settling and won't do that until nearer AQ due date (as they are dealing with all the claims whos AQ are due now) so basically I'll get offer/settlement just before date AQ is due.

 

So basically don't file the AQ till nearer the due date as it won't speed anything up and a) you'll get offer/settlement and b) save having to pay £100 extra in the mean time.

[Lager_Lou]

Very interesting indeed. As soon as I receive my AQ I'll hold fire then.

 

When is the date for yours to be sent in?

[jkop]

not 100% sure it's at home I think she said 17th November, she said that they get an alert on the PC as to who's AQ are due in a few days and then deal basically each in order of priority. so basically I shall wait till nearer that date before filing mine

[jkop]

AQ all filled out ready to be posted - shall wait until nearer deadline before posting.

[jkop]

no offer yet from inga - going to give here until tuesday morning then I post off my AQ (due 17th)

[jkop]

going to call her and as i'm posting AQ off today, give her a last chance to settle.

[Lager_Lou]

Cool, let us know how you get on!

[jkop]

she's gone out... so i'm just going to post the AQ off today, not risking being late from my end!

[jkop]

AQ all posted the other day - wonder how soon I'll get a court date and if they'll transfer to my local court as requested?

[jkop]

Cheque has been cashed by the Courts today!

[Lager_Lou]

Hey JKop,

 

Any news on this one?