Edd V Abbey

[Armsoft]

Well LBA sent today asking for £2562.90 which includes £1605.00 in charges plus compounded contractual interest at 28.7% of £957.90.

 

Im giving Abbey 14 days to return the above amount or I will be starting court action. I know some of you think I should give another extra 14 days but I have been told its unnessesary, so I'm not. Apparently 7 days would be sufficient... This obviously doesn't mean we should all stop using the guidlines of CAG. I very much appreciate the help available here without it it would certainly be much harder claiming these charges back. A big thank you to all those that have helped so far, I hope I can return the favour at some point...

 

I believe this will work and so that why I'm doing it.

 

Edd

 

Edd,

Good Luck with your action.

 

I`m sure that at the moment your action will work, it will just take longer to get a result, because you can be sure that the Abbey will try and pick up on any deveation from standard practice, they will be very quick at bringing this to the attention of the court, which in turn will create further delays.

The advice that both `Bish` and myself gave was based on the experiences so far, these experiences being gained with the help of legal proffessionals who give help and advise on this site for free, and whilst a Judge would not expect you to know the correct protocol within a legal action, you can be sure that Abbey will use it successfuly against you.

 

At the moment, the pattern seems to be with Abbey, go through the letter writing process, take out court action, you and Abbey file AQs, Court sets hearing date (or multiple dates of pre-hearing, directions hearings requested, and I`m sure in your case they will be), you and Abbey file your Court Bundles, and finally Abbey settle on the day before court, this process taking approx 6 months on average.

My guess is that if the pattern remains the same, it will take you an extra 3 months (but I will be quite happy to be proved wrong). You just need to hope that there aren`t any major changes to the pattern during the course of the next 6 months, or that Abbey don`t decide to start taking things further with those claims that fail to follow the guidlines regarding `due time` etc.

 

I wish you luck.

[copperman05]

I dont see it taking any longer myself, infact things should go quicker, which is my whole point. I guess like you say we will see, I hope to show you I'm right, hehe, but then I would say that wouldn't I.

 

To be honest Im more worried about the contractual interest and if I can make it stick... I see Abbey fighting that one with more vigour than 14days.

 

Just my 2cents..

 

Edd

[Armsoft]

I dont see it taking any longer myself, infact things should go quicker, which is my whole point. I guess like you say we will see, I hope to show you I'm right, hehe, but then I would say that wouldn't I.

 

To be honest Im more worried about the contractual interest and if I can make it stick... I see Abbey fighting that one with more vigour than 14days.

 

Just my 2cents..

 

Edd

 

Edd,

Contractural Interest will not be a problem, they can`t start arguing that before they go into court, although they will tell you on many occasions that Contractural Interest can not be applied (but they would say that, wouldn`t they:D )

It`s all about due process, and delay tactics with the Abbey, from the Claimants point of view it`s about ensuring you don`t give them additional fodder to feed their tactics, which I believe you have, but then hey, whats an extra 3 months, your going to get your money in the end anyway.

[copperman05]

Ha, 3 months, we will see....I'll get back to you on that one, prepared to eat humble pie if I have to....but I wont..

[copperman05]

Had standard, 'sorry your not happy' letter through today, with a added bit by Abbey that they are not liable to pay for solicitors fees, etc, which seems like a new one, anyway, so things are moving on slowly..

 

Edd