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Khonkaen v abbey


khonkaen
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Hi, first off I'd like to say WOW what a great site.

 

Hope someone can help with where I am at the moment.

 

I have been offered £50.00 from abbey to settle a £587.00 claim. I sent a letter back saying I don't accept this as full and final settlement etc but will accept without prejudice the 50.00 as part payment of the outstanding claim.

I then sent a letter saying I would proceed to the small claims court if they didn't pay and I have today received a letter back from a different department

(banking specialist team) saying sorry I am unhappy and am complaining. They will investigate and will contact me again in four weeks. My question is: are they snowballing me? Should I now lodge my claim at the small claims court as my deadline date for them to repay me has elapsed or wait the forty days as they have stated in their letter for them to investigate and reply to me?

 

Here's hoping someone can help with my dilemma.

 

KK

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Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours sincerely,

 

Wait until you receive the Notice of Acknowledgement from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim

 

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

Yours sincerely,

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  • 3 weeks later...

I've just seen the notice of acknowledgment posted on the website today. I've also had another letter from abbey giving me a further £100 gogw. Total gogw so far £150.00. I'm in two minds now on whether to follow up the court claim. I'm not sure I have the time to prepare and go to court. Also I'm not very good at things like that. What are my options? Can i get a refund of the court fee if I cancel now? What would it cost me to get a solicitor to do the court thing for me? Any help would be most appreciated. :confused:

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So i can't get a refund on the court fee then.

 

Last question, How long should it take to prep for the court case. I dont want to go in half cocked and lose. So realistically how much is there to do. I have read all the salient posts but can't seem to get a time figure in my head.

 

kk

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Nothing to do until they file their defence. Then you fill in an allocation questionnaire. Once this has been seen by the judge you will be given a court date probably March/April at which point you will need to produce your court bundle (which is a fair amount of work). But the likelihood is Abbey will settle before that.

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Hello

I've just received from abbey through the post a copy of their defence which they have filed. Is their anything I should do now. I.e post receipt to them or do I need to send anything to the court. So far I have sent my schedule of charges to be added to my claim.

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  • 4 weeks later...

I have just been notified by the court that my hearing will take place on the 19th April 2007. With the following added.

 

The claimant shall by 4pm 25th February 2007 send to the defendent and the court:

 

a. a schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given(if any) for that charge being made;

 

b. copies of any statement or other document relied upon as showing that each and every charge has been made;

 

c. a statement of evidence of all matters relies upon as tending to show that the charges are irrecoverable as penalties or otherwise;

 

d. copies of decided cases and other legal materials to be relied upon.

 

The defendant shall by 4pm 3rd march 2007 file and serve a response to the claimant's schedule, stating in respect of each item claimed;

 

a. pursuant to what contractual provision such charge was made , producing a copy of the contractual document relied upon;

 

b. whether such charge is accepted to be a penalty, and if not why not;

 

c. if such is allleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters inteneded to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

d. if such a charge is not alleged to be a pre-estimate of the defendant's loss incurred by the claimant's actions then facts and matters intended to be relied upon showing the bases upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

 

The parties shall in addition file and serve any other documents on which they intend to rely at trial by 4pm 3rd march 2007. They must include written statements.

 

 

So I think i've understood most of what is written. But I'd appreciate (as usual) some help as to exactly what to include in my defence.

 

Hope someone would be kind enough to help me.

 

kk:)

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  • 2 weeks later...

Great News. I just returned home after a few days away and on the doormat was a letter from abbey

 

Dear Sir,

We have now conducted a complete reconciliation of your account and without admission of any liability, Abbey National plc has determined, in this instance, to settle your claim in full. Payment is in full and final settlement of your claim.

 

Thanks Michael for all your help and for making sense when I was faltering. Once the cheque clears I'll be sending a donation in.

 

kk:D

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