Mad Nick v Abbey ***SETTLED IN FULL***

[Mad Nick]

Update

 

He offered me a figure. I said E-mail me. It was an inadequate figure in one-line which didn't explain what it covered (eg GOGW or not). He's got a 2 pager back with a figure I'll settle at. Court on 19 April if he doesn't.

No reply from James (he read it early Thurs AM) so I've E-mailed him telling him that my Without Prejudice offer to settle at a lower figure will be withdrawn at 1700 on Tuesday. I don't want that offer still on the table if I have to turn up for the Hearing on Thursday because the figure had factored into it the benefit to me (and them) of settling out of Court. I am happy to attend, but if they force me to then we'll be talking another figure (day off work, aggravation and stress).

[2gr82btrue]

Probably will hear from the Abbey soon with another feeble defence. Their computer obviously spits the pro forma letters out and believe me there must be many thousands. but they are not saying anything... and each claim is not being identified and deal with. to date the bank has not justified their breakdown of charges to me. But i knew they wouldn't because they cannot. I had enclosed that request letter to the courts when resubmitting my claim for them to take that request into consideration. I will let you know when re-contacted by the abbey.

[Lady E]

Update

 

No reply from James (he read it early Thurs AM) so I've E-mailed him telling him that my Without Prejudice offer to settle at a lower figure will be withdrawn at 1700 on Tuesday. I don't want that offer still on the table if I have to turn up for the Hearing on Thursday because the figure had factored into it the benefit to me (and them) of settling out of Court. I am happy to attend, but if they force me to then we'll be talking another figure (day off work, aggravation and stress).

 

 

You are very patient - I am frustrated because they have not contacted me , but following your posts and others leads me to believe that it is a game of cat and mouse, and you have to keep the upper hand. Good luck , I hope they are sensible and realise the error of their ways .

[Mad Nick]

I WON, I WON, I WON ! £8370.

 

Mind you, I have an admission to make - I decided not to risk going into Court on Thursday and risk arguing charges+16.9% (my N1). Best case (either Abbey caved in before or in Court), I could have got £9000 but worst case the Judge might have rejected my arguments and let me have just charges+8% (about £6400). Or somewhere in the middle. Who can tell. It boiled down to the solidity of the arguments about claiming 16.9% which I ended up with personal reservations about anyway - and you can't argue things like that persuasively if you've got reservations yourself (well I can't anyway).

 

The other risk was that I walked into an Abbey trap (like Glenn) anytime before the hearing itself (including waiting outside) where they might manage to settle the charges before Court (without me realising - and it's a real concern; Glenn and I aren't stupid, these people are professionals, don't underestimate them) leaving interest as the issue for Court. As I said, I decided not to take that risk. Swimming with sharks !

 

I ended up settling for charges+overdraft interest+8% plus Court fees plus preparation costs of 34hrs@£9.25/hr and 6 letters@£6.75.

 

It still took a bit of facing James down - he had said £6000 in two E-mails and phone calls, to which I had replied sticking around £8400. And I got home to an Email confirming they're settling. Yee-hah.

 

Tomorrow, ring Court, advise development, seek postponement for 14 days while I wait for the cheque and for it to clear.

 

MODs - c'mon, add *****SETTLED***** to the thread title. How long have I waited to say that.

 

Regards, Mad Nick

[Lula]

Many Many Many comgratulations Nick - well earned that was

[KnellyK]

Well done!!!

Fantastic!! :D

Congratulations! :D

[mazamarie]

Great stuff Nick - You da man:D !!

 

Your right seeking the 14 day postponement - definately do wait until you have that cheque in your eager mits!

 

You have been really great an inspiration I hope you enjoy getting doubly your hard earned money back!

 

Hope you will still be about, are you going to become a moderator?

 

I think you should - - - All in favour?---

 

all the best

Maz

[mazamarie]

I meant your doubly hard earned money - because you earned it, they pinched it and you put up a great fight getting it back.

 

Maz

[JAMES33]

CONGRATULATIONS!!!

Well done Mad Nick (you're obviously not mad at all - just even!!) Hope you really enjoy your money! You have been very helpful to me and to many others, you really deserve your win, All the best!!

[andrew1]

Mad Nick well done indeed - you have done a considerable amount of work to win this. I won't spoil your day of glory by ranting, but ( okay I'll pop a small rant in ) WHY?, why? oh why?, must the everyday person be subjected to this considerable amount of research and effort only to find Abbey have to pay out anyway? This is a disgrace to put people through this. This is a complete abuse of the court process and thereby eliminating hundreds of account holders, if not thousands who do not have the time or focus and support of this site from claiming. Something really must be done to stop the banks from this activity. They are reducing the risks of payout by making it incredibly difficult to prosecute for the layman. I have been on the forum over a year and still my mind is petrified of having to put all these arguments together in a format that won't as Mad Nick says, get you caught out. This just shouldn't be.

 

Sorry Nick .. now the party !! :D

[mariejader]

Well done Mad Nick

[charleyfarley]

CONGRATULATIONS!!

:D :D

[Lady E]

I am so pleased for you , well done. Hubby just saw message in inbox and came upstairs to tell me , he is as chuffed for you as I am .

 

Go get yourself a drink and raise a glass to "The Shabbey and all who fight her".

[sam78]

Fantastic news - well done!!!

[noobrider]

brilliant well done Nick

[Karish]

Yeaaaaah Well Done Nick. Thats great news. It gives me a bit of a boost too. Thank you for all of your help. Its been great to read your thread.

 

Karish

[cassie2006]

Congratulations. Well Done Nick. :d

 

Thanks For All Your Help.

 

Enjoythe Moment. :d

[adw]

Well done Nick - great news:cool: :cool:

[philread1]

Well deserved, Mad Nick!!!! Sounds like you negotiated hard!!!! That's what you have to do!!!!

 

Well Done, again!!!!

Phil:)

[beetlejuice]

Well Done Nick great thread just finished reading.

 

Congrats.

 

BJ

 

[jonni2bad]

Title changed (and Litigation moved)

 

CONGRATULATIONS

 

Don't forget the survey in all the excitement

[Robdblynd]

:D :D :D

 

FANTASTIC NEWS

Glad your hard work has been rewarded. Enjoy yourself and thanks for all the useful information we've all gleaned from you along the way.

[bish]

Well done Nick, and most deserved. Hope you will stay around for the real battle. Hope I will stay around for the battle ahead!. I do not hold out much hope for the ordinary person against the elite,who dictate how we all should exist.

 

Regards bish.

[FightBack]

sorry it's a little late, but allow me to shake your hand & congratulate you also Nick. Ladies & gentlemen, I give you one of the finest sources of advice & support on this site.............Mad Nick.

 

Well done again mate, I'm made up for you.

[quietzap]

Congrats. I am writing my LBAs this weekend, going for 28.7% as advised elsewhere.

 

I think absolute equity of treatment would have required me to offer ShAbbey the occassional personal loan at a lower rate etc, to mess them about generally. In fact we almost always repaid them the day after we went into unauthorised overdraft.

 

But, Mad Nick, you are a HERO, great example, which I need at the mo!