121o121 v Cahoot **WON**

[jellybabe]

Hi, that Defence looks just like the one i received.

good luck!

[121o121]

Hi Jellybabe

 

I assume you received the usual half value offer?

 

Did you send the new draft directions templated AQ?

[jellybabe]

Nope, didn't get any offer yet since i started the whole thing.

I did send the new draft directions. My orders are to send my Bundle in within 21 days and Abbey (cahoot) has to do the same thereafter.

[121o121]

The covering letter I received with a copy of the defence Abbey have entered offers me half the amount I am claiming. It is marked "Without Prejudice".

 

Do I need to mark the rejection of settlement letter the same?

 

Thanks in advance for any help.

[jellybabe]

sorry, can't help you there. Not sure myself.

[121o121]

I won't mark it "without prejudice". I think I'm correct in saying I can refer to it in court that way.

 

I Have prepared this in response to their offer:

 

Dear Sirs

 

Thank you for your letter dated 22nd February 2007.

 

I respectfully decline your offer as full and final settlement and request, once again, that you return to me all charges imposed on my account (**** **** **** ****). In addition, statutory interest and my court fee are now claimed, currently totalling £736.46

 

I will accept the sum offered only as part settlement and on the clear understanding that litigation will continue for the remainder.

 

I make the assumption my claim will follow suit to previous litigations your company has defended, such as:

 

Claim No. ********

Claim No. ********

Claim No. ********

Claim No. ********

Claim No. ********

Claim No. ********

Claim No. ********

 

In the event this continues, and not reaches settlement until shortly before the hearing date, I shall respectfully request that the District Judge orders costs for the preparation of my court bundle. Ultimately this would be the courts decision, but based on your previous actions of the above claims, I see no reason why this would not be ordered.

 

You should be advised that on my part, no further expense is required to continue litigation (excluding my time), and to accept anything other than the full amount does not benefit me.

I trust this clarifies my position.

 

Yours faithfully

121o121

 

 

Any comments?

 

 

[jellybabe]

I like your letter. Show's them that you mean it.

[121o121]

Thanks Jellybabe

 

I've seen somewhere on here a list of litigation numbers from cases settled by Cahoot / Abbey.

 

Can't find the thread, and ideas?

[jellybabe]

hi 121o121,

not sure if that is what you meant:

http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html?highlight=lit+settled.zip

 

You can download a spreadsheet with loads of settled cases about all the banks.

Hope that helps.

[121o121]

Jellybabe you beauty!

 

[jellybabe]

:o

[jellybabe]

sorry, wrong smiley

[121o121]

knew I'd seen it somewhere. At the bottom of Karns post:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

[jellybabe]

ah, i didn't see that one before.

[121o121]

I have today received from Northampton County Court a transfer of proceedings, allocation questionnaire and Cahoots defence.

 

I intend using the new draft directions template, are the majority of claimants using the same?

 

Is there a thread around discussing which majority using this template are having their directions granted by the District Judge?

[jellybabe]

not sure, but i have used them and my orders were to send the bundle within 21 days and cahoot has to send theirs 21 days thereafter.

[121o121]

Your always to my rescue.

 

I do read your thread, honest. But my subscribed threads are so long I can't remember which stage everyone is at.

 

Abbey have already sent me an offer so I'm not going to hold out for another before my AQ deadline. I'll fill it in now so I don't forget and miss my deadline.

[jellybabe]

your welcome!

 

and yes,getting your AQ in is a good idea.Especially if you had an offer already (not like...still waiting for my first offer )

[121o121]

Allocation Questionnaire completed with the draft directions order.

 

Will drop them in the post box tomorrow morning.

[jellybabe]

Good Luck!

[121o121]

I recently wrote to Abbey along the lines of:

 

"You are aware my claim currently stands at £736.46. In an attempt to reach a compromise with you, I will accept £700 to settle my claim."

 

They have replied accepting my offer. They say they cannot credit my Cahoot credit card account and will instead forward me a cheque.

 

Upon which, I will inform the court.

 

So settled, but waiting for the cheque before I get too excited.

[MarkyT]

Nice one mate well done. Did you write them that letter before or after your AQ went in?

[121o121]

Hi Marky

 

Went about it abit wrong to be honest. I received a 50% offer from them which I declined. I said I will continue the claim until all funds are returned.

 

Then Killmeedyman (I think) PM'd me saying he wrote to them and they accepted his offer. So I thought I'd give it a go. I faxed the early settlement figure through on the 5th, and received their reply today.

 

I know its £35 short of the target, but I'm happy with that, especially not having to proceed with the court bundles etc.

 

My AQ has been submitted just incase they don't cough up. Don't want to fall foul of the district judge. I also sent them a copy of the AQ just to prove I was continuing with the claim.

[jellybabe]

Congrats on that!!I'm sure you're glad it's all over!

Makes me worry about mine even more now, as i tried to reach settlement twice and they have not reacted positively to it??

jellybabe

[mariejader]

Well done on your settlement.

 

I hope they send you the chq as promised and not mess you around like they have others on here, for what it's worth I think you did the right thing still submitting your AQ