Abbey Letter Sent

[jannercobbler]

Ok Letter sent via Email and awaiting Posting via Registered Post in the Morning.

 

Lets see what response I get to this.

 

I decided to remove a counter offer as at no time did they agree to remove the defaults, as can be seen in the letter above I have specifically asked for this in the original claim. and I believe this should happen.

 

So now its waiting time again, the court date is just over 4 weeks away so time is ticking.

 

Paul

[jannercobbler]

many thanks for the vote of confidence Bev, wish you luck in your case, please feel free to use what you need from my thread and I hope it helps.

 

Paul

[jannercobbler]

many thanks Bish, I hope you remembered to state in your claim that you require the REMOVAL of all Defaults / Status markers from your credit file as part of the settlement.

 

I feel this will be the sticking point in my claim.

 

Paul.

[jannercobbler]

I have now amended my claim to include contractual interest and so opened myself up to Abbey turning up at court.

 

This fight will go all the way.

 

Paul

[jannercobbler]

Here's todays letter from our new found friends at DLA

 

 

Please submit your thoughts / suggestions. Would like to get an email back to them today. Everything in Red are my thoughts

 

 

WITHOUT PREJUDICE

 

Dear Sir

 

xxxxxxxxx COUNTY COURT - CLAIM NO: xxxxxxxxx

 

Further to your letter dated 21 September 2006, we respond as follows:

 

Interest

 

The only implied term regarding interest is the statutory one of 8% under s.69 of the County Courts Act 1984. We restate that "mutuality and reciprocity" are not implied terms in a negotiated written contract but are requirements of the equitable right of 'set-off. (I think they need to learn about mutality)

 

In any case, as this higher rate of interest was not included in your particulars of claim you will have to make an application to amend your particulars of claim before the hearing. (So glad they informed me of what to do, oops I have already amended my claim ) We feel that were you to make such an application you would be unsuccessful and it would only succeed in extending these proceedings further. (I have waited 8 months so far and it may be succesful)

 

Default Notices

 

Our client will not remove the notices on your account because they were properly entered when you breached the conditions of your account. Our client is willing to note that the notices are satisfied upon the conclusion of this matter but will oppose the removal of these notices at trial. (The account is in dispute)

 

Payment

 

After inquiries of our client we note that you are currently overdrawn by £xxxx.xx. (This means Abbey have added another £326 of charges, since I begun this action and I have proof of previous Balance and no access to the account.) Our clients collection department is currently holding any action pending the resolution of your claim. (I should hope so, therefore why are they still marking my credit files.) In these circumstances paying you the whole amount by cheque would be a double recovery on your behalf as the above monies are still owing to our client. (Surely it's upto me to decide when I pay it back?)

 

However, our client is willing to offer the following settlement on a without prejudice basis. Refund your bank charges of £3,055.54 and interest at 8% on your claim being £747.85 up to and including the day of settlement being 17 October 2006 and your court fees of £220.00 making a total of £4,023.39. (They're persistant with the 8% interest)

 

Our client offers to pay the money as follows: £xxxx.xx will be paid into your account and the remaining £xxxx.xx will be sent by cheque to your address on 17 October 2006 (this is 14 days prior to going to court (court Bundles due by this date also) therefore the funds won't be clear until at least 23 October) to prevent double recovery and any further proceedings our client will have to bring to recover the £xxxx.xx outstanding on your account

 

In conclusion, therefore, we are offering to you the sum of £4,023.82 and satisfaction notices placed against your existing default notices in full and final settlement of your claim, but of course without any admission of legal liability by Abbey. If you are prepared to agree this, please confirm this to us in writing by signing and returning the additional copy of this letter. (Not likely as Abbey have added more charges and I want them back also )

 

Should you choose to reject this offer our client will pay the monies in the above manner on 17 October 2006. (So tough luck this is what i'm getting anyway like it or not) We will notify the Court of this payment and contest the removal of the default notices and oppose any application you may make for a higher sum of interest. (So will they attend court finally)

 

We believe that this is a fair offer of settlement and will avoid any further expense and time on both our parts. (Thats your opinion not mine)

 

We look forward to hearing from you.

 

Yours faithfully

[jannercobbler]

ok as Abbey have changed Solicitors here is my response to the last letter I received from DLA

 

 

Without Prejudice

 

Ref xxxx.xxxx.xxxx.xxxxx.xx

 

I am in receipt of your letter dated 27th September 2006, and note the contents; however the offer still does not fully satisfy my claim against your client Abbey National PLC (“Abbey”) and as such is not acceptable. However I will accept it as a partial settlement.

 

Interest

 

On the matter of contractual interest I have submitted an application to amend my claim with the Courts. I believe that there is an implied term and as such I am entitled to charge Abbey Contractual Interest on the amount that they have borrowed from me without my authorisation, currently 28.7%. Should Abbey wish to defend this claim then I invite them to attend Court.

 

Default Notices

 

 

Abbey has been submitting wrongful information to the credit reference Agencies as you have clearly stated in your letter which I thank you for being so succinctly, that the Account has been placed on hold pending the outcome of this claim. Therefore satisfied notices are not acceptable, and only complete removal will suffice.

 

Payment

 

I have noted your comments that Abbey currently state that I am overdrawn by £x,xxx,xx

 

According to my records, I have had no access to this account since Late March; I am also in possession of my Annual investor Statement that clearly states an overdrawn balance as at 5th April 2006 of £x,xxx.xx, which is attached, Therefore Abbey have added further charges of £326.62 to my account and as such I will require the reversal of these charges. Should Abbey be unwilling to reverse these charges I will begin a separate action to reclaim them.

 

Conclusion

 

My claim remains £3,055.54 in charges, £2,648.00 interest at the Unauthorised Contractual Rate of 28.7% plus court costs £220, total £5923.54 as at 2nd October 2006.

 

I would like to re-iterate that interest will continue to accrue on the charges at 28.7% until settlement or actual judgement.

 

I have also noted from your letter that you state that Abbey will ‘pay’ the amount they are currently offering whether I accept or not on 17th October 2006. Although, this will be issued via cheque, on this date, I am sure you are aware that this is the date that Court bundles must be submitted, subsequently, therefore I look forward to receiving Abbeys’ calculations and documents as I am sure that Abbey will submit a detailed report of how they arrive at the amounts they charge, and as such, I therefore look forward to receiving this information and all the documents you intend to rely on in defending this claim.

 

As previously stated should Abbey ‘pay’ monies as you have indicated, I will inform the courts of this payment and I will accept this as partial settlement of my claim only. However, I will continue my action for the removal of the default / status markers and for Contractual Interest, and as such you / Abbey will need to submit documents showing you intend to rely on in defending this claim and the calculations for charges prior to the above date.

 

I can assure you that any offer from yourselves or Abbey will only be accepted as partial payment and my action will continue without any conditions attached to it, i.e. full and final, and without liability, should Abbey wish to offer a Settlement without conditions then Please contact me otherwise I look forward to meeting you / Abbey in Court.

 

I have also dispatched this letter via email.

 

Lets see what the new Solicitors say as they have less than 10 days to settle, before Court bundles are due.

 

Paul

[jannercobbler]

Well nothing heard from Abbey as of yet or their new Solicitors, Oh well only 6 days to go till Court Bundles need to be in.

 

Paul

[jannercobbler]

Just got the order from the Courts, looks like they have allowed my late amendment to claim Contractual Interest, plus removal of status markers and my request for disclosure of their costs, the good thing is Abbey's Solicitors whoever they are have 5 days to supply Court bundles and 7 days to object to the Amendment I wonder which will come first? or prehaps they will amend their offer now

 

What fun this is.

 

Paul

[jannercobbler]

Still waiting to receive the Court Bundle from them? What happens if they don't supply it do we win by default?.......lol

 

Will have to get GF to write a strongly worded letter to the Board of Directors as she is a share Holder.

[jannercobbler]

Glad for you Lesser, it takes a while for the court to Issue the Order but it's still plain sailing.

 

Paul

[jannercobbler]

Just handed in Court Bundle to the courts. And have to send a copy of to either, Abbey, DLA or however. and it needs to be sent today. any idea where to send it?

[jannercobbler]

Well the final hurdle has approached and I have managed to clear it at the first attempt.

 

Court bundles have been issued to DLA Piper and the Courts, (they are due by Tues) anyone wanna bet that Abbey DON'T issue one??? (Come on someone must want to take the Bet?) So now i'm in the final furlong of the home straight and I can see the winning line.

 

The only thing left is Abbey to Fold, clear my credit record, and pay me whats mine at the contractual rate

[jannercobbler]

Well what a surprise no Court Bundle or contact from Abbey or their Solicitors still. Went into the Branch today and Abbey have added even more interest and charges to my account

 

They have also paid a cheque into my account, but guess what?? The cheque also covers (repays Abbey) some of the new charges that they have added and that I didn't know about, ummmmm what shall I do? (I Know i'll sue them.....lol)

 

Also they have still left me with an overdrawn balance due to the new charges, lol (Can you believe the gall of them) now waiting for Debt Management to call and ask me to repay the rest of the overdraft off......ummmmm NO!

 

Still no movement on the default / Status markers removal and I consider this a BIG part of my claim so I am continuing until this is sorted, hopefully then this will end in court and I can request the contractual interest, (need to work out a new figure now to take account of the payment received.

 

So I guess that it's time for another letter, thanking them for the partial payment and reminding them of the court date.

 

I am still waiting for the second cheque (due to be posted today for the balance of the original claim) previous to the new charges they have added.

 

So now I am fuming even more due to what they have done.

 

So in short - This is NOT over yet. Round 2 begins shortly (for the new charges) Then we will start round three (although I may merge round 2 and 3) for pre 2000 charges and the data that was missing during this claim.

[jannercobbler]

Spoke to court today (18th Oct), Abbey HAVE NOT submitted a court Bundle, (theres a surprise), But they may have submitted a statement will need to check tomorrow to find out what the statement says?

 

I think it will say something like.....

 

Jannercobbler has now been paid, (Untrue, Received Partial payment and still not cleared, still awaiting the rest IN CLEARED FUNDS).

 

nothing heard from Abbey so still continuing, only 12 days to go

[jannercobbler]

OK lastest update is I have today received a copy of Abbey's defence (if thats what you want to call it) The court case is on Tues (yes next tues the 31st at 2.30pm in Plymouth for those that wish to come ) I intend to carry this through to the end unless they do something amazing by then.

[jannercobbler]

Well I have just had a phone call from the Court, Todays appearance in Court has been cancelled BY the Judge, - Reason he doesn't think 2hrs are enough, and also as I sent him a letter saying I had not received anything from Abbey, as there defence. (Did explain that I was ready anyway)

 

Therefore I will have to wait a bit longer, but on the positive side it adds more interest.

 

Paul

[jannercobbler]

The court had Abbeys defence, I sent a letter to the Judge letting them know that I hadn't received a copy, but I think the letter I sent and the size of my court bundle made the judge think that 2hrs isn't enough, new letter to Abbey will be sent letting them know i'm still pursuing the default removal and the amendment to CI, and the interest is still accumulating, even though they have paid me some, that is only a part payment.

 

Paul

[jannercobbler]

I now have THREE copies of Abbey's defence (2 from Abbey and 1 from the court??), I now also have the Judges order, Abbey have to give a time estimate, as due to the size of the Bundle 2hrs may not be enough, and they have to file and serve a skeleton arguement 5 days prior to the hearing (therefore I should know what there reasons are and can counter it, or they roll over and pay and remove ). although there is no new date yet?

 

Updates to follow as and when I receive them.

 

Paul

[jannercobbler]

Round 2 has begun as stated above, will contact the court this week to see what if any updates have happened and also request a speedy trail as this has been ongoing for quite awhile.

 

Paul

[jannercobbler]

This topic was closed on 03/05/19.

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