Estellabianca V Abbey

[Estellabianca]

Thanks a lot . Do you have a template letter about refusing a full and final settlement offer but making another offer of settlement before the court date. Abbey offered me £1700 but I want to tell them that i won't go to court if they pay me £2000 ( they owe me around £2300). I'm ready to settle for £ 2000 and avoid the court. I need a ready made letter please. Thanks a lot in advance.

[charleyfarley]

Pick any one of these you like

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Estelle.................................hold out for more money.It's yours remember, and think how hard you have to work to earn £300 after tax!!

 

 

Don't tell them your bottom limit, or else they'll try and get you to accpet less...............

[Estellabianca]

Hi Chaleyfarley, I've followed your advice. I ve just send a rejection letter to Abbey.Finger crossed!!! Court Date: next week. Let's hope I receive a cheque before the court.

[Estellabianca]

I'm a bit worried: court date in 5 days.

I received a letter with the court date and time but I don't know what kind of hearing it's going to be and the judge hasn't sent me directions i need to comply with. Is that normal?

[Estellabianca]

I need urgent help i've just received this order general form of judgment sent by the court What does it mean? do I have to prepare the bundle for wednesday or not yet? :

 

1) the action is stayed until wednesday 20th june 2007 during which period the parties shall try to settle the matter or narrow the issues or refer the matter to mediation...

 

2)by 4 pm on wednesday, 20 th june 2007 the claimant shall notifiy the court in writing of the outcome of negociations ( without disclosing any matters which remain subject to without prejudice terms) and what, if any, further directions are required. Failure to comply with this direction or to engage properly in negociationns may result in the application of sanctions. If settlement has been reached, the parties shall lodge a consent order signed by all of them.

 

3) Because this order has been made by the court without considering representations from the parties, the parties have the right to apply to have the order set aside varied or stayed. A party wishing to make an application must send or deliver theapplication to the court ( together with any appropriate fee )to arrive within seven days of service of this order.

 

I am about to email inga to ask her to settle before court as i can't reach her by phone, can you help me and give me a nice ready made email?

[Estellabianca]

by 4 pm on wednesday, 20 th june 2007 the claimant shall notifiy the court in writing of the outcome of negociations

How do I do that?

[Estellabianca]

can anyone heelllllllllllppppp !!! do i have to get my court bundle ready for wednesday or not? PlZZZZZZZZZZ

[charleyfarley]

sounds like a directions hearing to me estelle, in which case you don't need a cb....I'll see if I can find a link to give you an idea what to expect

 

But I would keep trying as hards as possible with Inga, to agree a settelment

 

but if you find their phone engaged...............it's because it's me doing the same!!

[Estellabianca]

I EMAILED INGA YESTERDAY WITH A SETTLEMENT OFFER, HERE IS WHAT SHE REPLIED, THE JUDGE GAVE US UNTIL TOMOROW 4 PM TO SETTLE, WHAT SHOULD BE MY NEXT MOVE? (it's my second or third attempt to settle only coz I was in hospital for 2 weeks):

Without prejudice"

 

Dear Madam

 

Thank you for your email, however we are instructed to reject your offer. Our offer of £1716.50 is more than reasonable in view of the transactions that have occurred on your account. Further, we do not believe that an offer of settlement representing a £188.00 reduction in the total value of your claim 1 day prior to the end of a period of stay for settlement, represents a genuine attempt by you to resolve this matter without recourse to the Courts.

 

There is no entitlement to claim for preparation for a court bundle that has not been ordered to be served by the Court.

 

Should you wish to reconsider your position we will be more than happy to continue discussions.

 

Kind regards,

 

Inga Kirkman

 

Can anyone help me with writing a letter to the judge saying that no settlement was possible durin the stay period? any template?

[Estellabianca]

How come nobody is helping me anymore:-? ??? What did I do wrong?

I wrote to the judge last week ( at the end of the stay period) saying that no settlement was agreed between abbey and myself because their offer was not reasonable and that abbey had refused my offer. I asked for a court date. I've since written to inga three times and given her more chances to pay me the amount that I want out of court but she 's ignored me completely and hasn't even bothered reply. ANY ADVICES ARE WELCOME. Thank you. Please reply, a bit of support would be nice especially at this time.

[ohoh4312]

Hi there

 

I really can't offer you much help, but at least this will bump your thread back up to the top.

 

Are you using the new email address for Inga & Co? Read on another thread that they moved offices last week and changed emails.

 

It is now [email protected] if that helps. She is out of the office on Monday but you should get an auto response with another name on it - Ronan Coyle I think - to contact.

 

Hope that helps a bit.

 

Best regards

 

Jo xx

[Estellabianca]

Thank you Jo:-)

[Estellabianca]

Hi i'm preparing my court bundle in advance. About the irish provisional finding report document, do i have to print the 198 pages of it????

[charleyfarley]

hi estelle,

 

sorry about ignoring you.new job=less time for me on here I'm afraid.

 

I merely referred to the irish report.............192 pages isn't necessary

[Estellabianca]

Good news everyone I WON!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! Inga and I agreed to settle at £2000 and I haven't received any directions from the court or court date yet (in total it was £ 2300 including costs and interest). I harassed her with emails until she accepts to pay £2000. That's great!! I'm so happy!! Thanks to you and to this site. I will make a donation as soon as I receive the monies.

 

Just a final question: I asked Inga to post me a cheque but she replied that if my account was opened it will be paid in it but I really want a cheque, is this normale procedure??? Don't I have a choice to choose between a money transfer or a cheque??? ( as I'm £1000 overdrawn, I don't want my money to go into this account just in case they decide to stop my overdraft facility taking half of the refunded money)

[charleyfarley]

CONGRATULATIONS!!

WELL DONE:D

 

ps

 

if you want a cheque payable to you then you are entitled to one...after all it's your money..........................but I would be very surprised if they agreed to it

[mariejader]

Congratulations well done

[Camdenite]

Well done:D. I'm starting to think about the e-mail to Inga route myself now.

[ohoh4312]

EXCELLENT NEWS

 

Really chuffed for you, on one hand.........

 

But, on the other, they do seem to insist on paying the settlement into an open Abbey account - however, it then clears your o/d and gives you cash in hand, so it's not too bad?

 

Take care and best regards

 

Jo xx

[Estellabianca]

THANK YOU ALL THE £2000 ARE IN MY ACCOUNT. THE MONEY WILL BE AVAILABLE ON 13/07.DONATION WILL FOLLOW.XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX:) XXXXXXXXXXXXXXXXXXXXXX:)

[AppleCrumble]

well done Estella yipeee :D

[Estellabianca]

Hi everyone.I am back:( after winning my case against Abbey last year.

This time Abbey charged me again around £800. So I followed AGAIN the same route as before, took them to court. After sending the AQ I received(a month later) a court oder: the claim is stayed bla bla bla until 15th June. At the end the letter says within 28 days of the end of the period of stay the claimant and the defendant shall notify the court in writing of their proposals for he further case management of the claim,by agreement if possible (dated 15May) :confused:not sure what to do?? Can you explain plz? What should I do now?

[Estellabianca]

Any Replies??????????