Taking The Shabby On For £10.8k

[garyparker]

Just sent off my letter with all the charges and neaqrly had heart failure when I realsied it was £10,800.

 

The Abbey closed my account 3 months ago and at that time the account was £1,800 overdrawn, so I am half expecting them to make a token offer to write this off, but I am curious to know if anyone has taken them on for more than this figure and if so how you have got on?

 

I'd love to hear from you , if only to give me a little confidence in what is bound to be a drawn out fight.

 

Cheers

Gary

[Lula]

Gary, hello and welcome, take a look in the Abbey and Cahoot success, there are some tales to warm the cockles of your heart.

 

I remember when I used to watch you playing for Leicester City - ohhh not that Gary Parker

[garyparker]

I wish...! if I'd played for Leicester City i probably wouldnt have managed to rack up this much in charges

[garyparker]

Hello, having sent off the LBA (I used the template) the Shabbey have written to me and made a GOGW to the tune of £910, as they have already closed my account they have indicated that they will pay this to the debt management office and reduce the amount I still owe them !!

 

What do I need to now tell them as I guess the next step is to instigate the court proceedings that I threatened to do in my LBA?? Please help I am still a bit nervy about all of this.

 

Thanks

Gary & Jaq

[Glenn UK]

Gary and jaq

 

Don't worry this is pretty much standard practice. Theres a template about somewhere for accepting partial offers and proceeding to court or you can write something yourself along the lines of 'thanks for the partial offer I can confirm i accept this as partial payment and confirm i will be pursuing the rest'.

 

Out of interest are you going to be trying to get a default removed too?

 

Glenn

[garyparker]

hi,

 

Yes we are going for the removal of the default as well, they said that once resolved they will mark it as siatisgfied but will not remove the default, so thats probably somthing that I'll need to raise in court, I'm quite comfortable taking them on but will need some help with the court side of things. I have now found a letter to accept it as a partial payment and I posted it today, but fully expect them to use the xmas period to delay any further responses.

 

Cheers for the advice

Gary

[Glenn UK]

Gary

 

YOu need to make the removal of the defalt part of your claim and beware of accepting part payments against your claim.

 

If you end up with nothing to argue over but the default the chances are it wont happen.

 

I would suggest that you ensure that there is a substantial amount of money left in the claim so that the defendant has no choice but to either pay and remove the default or go to court to fight it.

 

THe way to do this is write back to them when they make a partial settlement offer accpeting it and ask them to confrim in writing that they understand it is only a partial settlement and that the undertsand you are going to continue with your claim to recover the rest.

 

They are unlikley to accept that in writing.

 

HTH

 

Glenn

[garyparker]

Glenn, cheers for the advice, I've rechecked my letter and part of it stated that I wanted the defaults removed as part of the settlement so hopefully I have covered this angle. However I have now had a further letter syaing that they will invcestigate my claim and get back to me inside 4 weeks (the usual blurb) as my claim is over £5k, what do i need to do now, I'm happy to take em on but I could use some clear advice on what I need to do re the court as next week the 14 days is up and I plan to set the ball rolling asap. anyone that can assist will be really appreciated

 

cheers

Gary & Jacqui

[Glenn UK]

Gary

 

As you probably know small claims is normally for claims £5k or less. However, if your claim is slightly above the threshold you can still apply for it to be kept in small claims. Its then for the court to decide whether to allocate it to small claims of put it into the next level, called fast track.

 

The implications are basically that should you be allocated to fast track and were to loose you would be liable for the other sides costs, normally limited to £750.

 

Of course banks haven't got a history of attending court to defend claims so this is unlikely but should be borne in mind.

 

As an alternative, you can split the claim so that its less than £5k. There are potential disadvantages to this route also. In principle if you have a claim against a bank you should do it in one hit or risk being labelled a vexatious litigant. If the bank were to alledge you were being vexatious in second and subsequent claims, you could end up having those claims struck out by the court (i haven't heard of this happening so its theoretical but again something to think about).

 

This wouldn't apply to charges applied to your account after the 1st claim, only those pre-existing which you knew about.

 

If like me you haven't had all your data from the defendant then you would to some degree be protected against this allegation, but you have to keep chasing the information.

 

My view is that you need to consider the option you wish to pursue then prepare a N1 claim from and submit it to the court along with the required fee and supporting schedule.

 

Then sit back and wait.

 

HTH

 

Glenn

[garyparker]

Glenn, cheers for that, I am going for the N1 form this week and going fast track, once I've beaten the shabbey I'll have a bit of a fighting fund and will be going after GE (First National), Capital One, Barclay card and GE money (debenhams store card), I've also just started a claim for £900 V nationwide, but I think I need the confidence of a win over the abbey to start taking on the rest. Thanks everso for you advice

 

Cheers

Gary

[garyparker]

Ok, Today we got the letter from the Shabbey saying that they have paid off £900 as a GOGW to the debt management company (despite not bothering to tell me they had paid this) I should have the money this weekend to actually go for the N1 in court and get the ball rolling, can anyone adivse what paperwork I need to take in addition to completing the N1? help appreciated

[Mad Nick]

Gary, original plus 2 copies and attach your schedule of charges. Regards, Mad Nick