NN v Abbey - *settled in full* at last WON WON WON

[rambot]

think you are right here.

we need another section by the look of it.

litigation in progress

litigation concluded

and now set aside excuses as i would call them.

[rambot]

What about groups of us all sending the forms or filing claims at the same time.

Are they finding it easier at the moment as they are dealing in dribs and drabs.

What about if 10-12 people all filed at the exact same time and all also went to the same court if possible, would that make it a lot harder for them to defend.

[Jane Austen]

I have just received the following letter from Abbey:

Dear Mrs XXXXXXX

 

Thank you for contacting us and I am sorry that you have been so unhappy that you have felt you must complain.

One of my team will be responsible for investigating your complaint and I have enclosed our Complaints leaflet, which explains our procedure for doing this. High quality customer service is of great importance to us at Abbey and we will do everything we can to resolve your complaint in a timely and satisfactory manner.'

I know it is important to you that we resolve your complaint quickly, but we want to do a thorough investigation and sometimes this can take time. If we have not contacted you before then, we will write to you in four weeks to let you know what is happening.

Although I do not know what the outcome will be, I do hope that we will be able to find a solution that you are happy with.

Yours sincerely

 

Marc Winder Head of Complaints

 

Enc. Complaints Leaflet

This has surprised me because the last letter I wrote to them was dated 25th May which was my LBA.

I phoned and enquired and (this is where I get excited, because I'm very sad) I RECORDED THE CALL successfully. :p The girl at the other end was really edgy when I told her I was recording it. She told me the letter had probably been lost in the post until they received it on 14th June.

I hope the paperwork for the judgement gets lost in the system too and then I can sort out the warrant on 3rd July.

Somehow I don't think it will.

[jonni2bad]

The girl at the other end was really edgy when I told her I was recording it.

 

Don't tell them, there is no need to.

[Jane Austen]

I thought we were legally obliged to?

[Odd Fellow]

Certainly, you should say that you're recording the call, especially if you wish to produce it as evidence.

[Movingon]

I say you should listen to the mods. There is no need to.

[jonni2bad]

Certainly, you should say that you're recording the call, especially if you wish to produce it as evidence.

 

We certainly welcome different viewpoints - however, should you know of a specific reason why one would need to make the other party aware, perhaps you could share it with us for future reference - i.e. a point of law or a proven case in court etc.

[Odd Fellow]

We certainly welcome different viewpoints - however, should you know of a specific reason why one would need to make the other party aware, perhaps you could share it with us for future reference - i.e. a point of law or a proven case in court etc.

 

I found this.....

 

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

 

Extracts:

 

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

[jonni2bad]

Yes, this is actually the information we have based part of our arguement on

 

The third party reference is in relation to making sure that the call can not be overheard or intercepted. This would not be applicable to any normal phone calls.

 

Submitting any phone recording as evidence is still not absolutely guranteed to be accepted by a judge, even if the other parties were made aware of the recording - it is up to the judge to decide if it will be allowed.

 

Essentially, the case still stands that you do not need to tell the other party that the call is being recorded.

 

If you find something else to the contrary, then by all means let us know.

 

Thanks again for your input.

[Jane Austen]

Just received the same letter as Rambot:

Dear Madam

NN-V-ABBEY NATIONAL PLC CLAIM NO: 6QZ34722

We act on behalf of Abbey National Pic in relation to this matter.

We believe that due to an oversight an Acknowledgement of Service form was not lodged with the Court and we understand from the Court that judgment has now been entered.

It is our intention to apply to Court to have judgment set aside, on the basis that our client has a defence with a real prospect of success, and that judgment was entered due to an oversight, and that our client should be entitled to defend the proceedings.

Please would you confirm whether you would be agreeable to judgment being set aside, without formal application being made to Court.

If you are not prepared to agree to this, then please confirm that you will take no steps to enforce the judgment, until the application to set aside judgment has been heard.

Yours faithfully

DLA PIPER RUDNICK GRAY CARY UK LLP

So, what is the best course of action? I find it strange that they have overlooked 2 files against them on the same day.

 

 

[Seminole]

Very odd. You would almost suspect that they're doing this deliberately.

[NeilP]

This is exactly what happened to me and Whizzkidd001.

 

I would e-mail/write to DLA and state that you have no objection to agreeing to the set aside IF they settle your claim in full + costs within x days. (They have 14 days in which to apply for the set aside, so i would make x the number of days left until that 14 days is up).

 

Remember, the set aside will almost certainly be granted in favour of Abbey, and once granted they will defend with the normal defence document, and offer you 50% and then the 100% after you have refused the 50%.

 

If you E-mail DLA then it makes the whole process quicker and thus you will get your money back sooner.

 

If, however, you wish to make them sweat a bit, then do not agree to the set aside, and write to the courts explaining why. ie. they have not expressed a reason, they have no valid defence to rely on, they have done this on several other occasions (me, Whizzkid, Stephen Hone, rambot - quote the case numbers) and that on the first three occasions, they have settled the claim in full without it getting to court.

 

Writing to the Judge/Court i think really helped Whizzkid in his case.

 

Whichever way you do it, it will NOT get to court, it will only delay you receiving your money, but, the choice is yours.

 

Good Luck

 

Neil.

[Odd Fellow]

Yes, this is actually the information we have based part of our arguement on

 

The third party reference is in relation to making sure that the call can not be overheard or intercepted. This would not be applicable to any normal phone calls.

 

Submitting any phone recording as evidence is still not absolutely guranteed to be accepted by a judge, even if the other parties were made aware of the recording - it is up to the judge to decide if it will be allowed.

 

Essentially, the case still stands that you do not need to tell the other party that the call is being recorded.

 

If you find something else to the contrary, then by all means let us know.

 

Thanks again for your input.

 

Sorry, but I need clarification here.

 

The OFFCOM statement would appear to be clear on the point of "provided you are not intending to make the contents of the communication available to a third party." I can't see any way of intrepreting that as "overheard or intercepted".

 

Perhaps you can explain more fully the logic/reasoning for your argument?

 

Thanks

[rambot]

i have made a post on my thread

i only see this as a request for us to do something for them. not anywhere does it mention what they are going to do for us.

do you see this the same way,

 

"We believe that due to an oversight an Acknowledgement of service form was not lodged with the court and we understand from the court that judgement has now been entered."

I read this as saying they forgot to acknowledge the paperwork and i won the judgement by default(they scored an own goal and i am 1-0 up.)

 

"it is our intention to apply to court to have judgement set aside, on the basis that our client has a defence with a real prospect of success"

I read this as saying that we will get the set aside and that abbey has a defence with a real prospect of success.(they think they can appeal against the own goal and make us on a level playing field to give them another chance)

 

"judgement was entered due to an oversightand that our client should be entitled to defend the proceedings."

I read this as saying judgement was only granted due to an oversight and they really should have a chance to defend(they want a second appeal as they missed the deadline for the first one,)

 

"please would you confirm whethter you would be agreeable to judgement being set aside, without formal application being made to the court."

(now they want me to forget the goal that i am up by and not even have to appeal, i look at this as laziness on their part, they want me to roll over and give them the goal back)

 

"If you are not prepared to agree to this, then please confirm that you will take no steps to enforce the judgement until the application to set aside has been heard."

I read this as saying that they want me to agree to do nothing while they then delay the proceedings and get everything they want. where do go from here. they havent made one offer to me as i see it. they only wnant me to do things for them with nothing in return for me.

 

do you see this the same way. Maybe i am reading it wrong i am not sure.

i am glad the forum is here to help though

[Jane Austen]

Rambot

I agree with you and I think we should be as obstructive as possible and not agree with the set aside. The BAG needs more evidence and we can help to provide it if we take this course of action. What do you think? It will cost them financially too.

 

Have you an E-mail address for them? My letter came printed on their Leeds office letterhead but no E-mail contact info.

[Seminole]

I think Neil has this. I certainly do but it's at home. I'll post it here if noone else has by this evening.

[Jane Austen]

Hi Karnevil

 

Mine came from the Leeds office and there's no E-mail. I don't want to send it to a name that might be at the pther end of the country.

[rambot]

nnelson perhaps we could communicate a bit better than waiting for posts on here. i am willing to give you my phone number and perhaps we can talk about action a bit more clearly if possible.

also if thats ok what way would be best to get my number to you.

maybe pm i am not sure.

also if anyone else can help in this matter would be appreciated.

i would really like to use my case as an example to the banks that this will not happen again in the future. as i am not gambling much i dont mind if anyone ie. whizzkid seminole of neilp want to also talk on the phone. i am quite willing to phone you back if costs are a problem.

[Jane Austen]

Hi Rambot

 

PM seems a good idea. I've already done this with NeilP and based on what he told me I have decided to obstruct the set aside but forget about the warrant. This will cost money and if Abbey get a set aside hearing then it's no good to me anyway. Mind you, from the last paragraph this seems to be what Abbey want if we are not agreeable to set aside without a court hearing.

[rambot]

probably the best thing here is if i follow nnelson in whatever they are going to do, i will follow you step by step as you seem to have a better grasp of this than me i think.

if you are happy to do that. i will also send the same letters as you but adjusted to my case accordingly, what do you think of that.

[Jane Austen]

Og good. I'll use that one and the one NeilP gave me.

 

Somebody should know who is actually dealing with this.

 

Thanks

[Jane Austen]

I am planning to send this E-mail so any thoughts anybody?

 

With reference to the letter I received from the Leeds office today, I can confirm that I am not agreeable to the judgement being set aside. I do not believe that this matter is an oversight, as you state. There is a least one other person that I am aware of who filed a similar claim against Abbey on the same day, was awarded judgement by default on the same day, and who today received the same reply from yourselves.

 

This is becoming the standard ploy by your company when acting for Abbey and I believe it is a serious misuse of our judicial system.

[Odd Fellow]

edit....

 

With reference to the letter I received from the Leeds office today, I can confirm that I am not agreeable to the judgement being set aside. I do not believe that this matter is an oversight, as you state. There is a least one other person that I am aware of who filed a similar claim against Abbey on the same day, was awarded judgement by default on the same day, and who today received the same reply from yourselves.

 

This is becoming the standard ploy by your company when acting for Abbey and I believe it is a serious misuse of our judicial system.

 

I am not sure that I'd state fact quite in the way you have. It's a purely personal opinion I know, but it might be better to suggest rather that attempt to make a statement of fact. Perhaps along the lines of;

 

"This would appear to a regular practice in your representation for Abbey National PLC and is rather too common to be a mere "oversight". This being the case, it represents a serious misuse...."

[Jane Austen]

I see what you mean. Thanks for that.