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    • @simeon1964  -  regardless of what @FTMDave drafts for you later this evening, you still appear to have made no attempt in #32 to explain how you have arrived at the counterclaim value of £16500.  All you seem to have added to your previous draft is this:       I'm afraid that does not advance your counterclaim at all.  What you need is a detailed breakdown of the £16500.   As I understand it, all you have (or at least all I've seen) is a list on unheaded notepaper of alleged snagging together with a second list, also on unheaded notepaper, of alleged remedial work.  All you appear to have is a wish list with no substance.  (Yes - you've also provided a couple of photos of small cracks in plaster and some missing floorboards, but those won't cost £16500 to put right, will they?)   Put yourself in the judge's position.   You are trying to persuade the judge to order the claimant to pay you £16500.  The judge is going to ask themselves - and you too probably - WHY the claimant should be made to pay you £16500.  So when the judge asks you that question, what are you going to say?  Just producing a couple of lists of things is not going to work, you have to explain to the judge where the £16500 comes from and why the claimant is legally liable for it.   That means that you need to demonstrate two things in your counterclaim: first, that the claimant caused the damage that you are going to spend £16500 fixing.  Unless you can prove that the claimant caused the alleged damage, the judge will not make them pay you.   Second, you need to provide evidence that the remedial work will actually cost £16500 or whatever you are claiming.  Are you saying that you have nothing in the way of estimates or quotes on headed notepaper that show the damage will cost £16k to fix?  You can't just pluck a figure out of thin air.  It has to be supported by evidence.   (Also when I say "alleged" damage, I'm not doubting you, but you need to provide evidence that the damage actually exists - and was caused by the claimant - and isn't just work that needs doing to your house that you've decided to try to make the claimant pay for.  Do you see?)   Also - and I pointed this out in the other thread - when you make a post here can you please explain at the beginning of the post (1) what it is, and (2) why you are posting it?  I know Honeybee and FTMDave have pointed this out too.  None of us are mindreaders.  If you fail to introduce your posts properly, none of us has a clue what you are talking about.  Are you producing a draft for comment?  Are you answering a question?  Are you asking a question?  Is it a copy of something you have received?  If you can't explain your posts, nobody can help you...   [Edit:  I know FTMDave did say some posts ago that if you have no evidence to support the £16500 counterclaim at the moment then, OK, we are where we are and you will just have to run with it.  But if you have some evidence or a breakdown of the amount at this stage thenit would be nice to know.  If you can't get the required detail in your counterclaim you need to ensure you have something for your WS... ]
    • Well, shocked is understament.  Wellington court have only filed to have the CCJ and high court writ set aside 🤔 reason she didn't have her side put across to the court before CCj was given 🤬 now to defend it.
    • Looks promising.   Dx
    • 1. Cabot and old sav credit card debt.. looks like for years he was scammed by clarity credit management out of money. Nothing new there, thats all rhey ever did. No signed agreement, no nothing to prove the debt. Sav credit would never have had a signed agreement. Card will be 80's era if not close too. Unenforceable!!   2. Natwest duo MasterCard..now rbs..cabot. No signed agreement. unenforceable.   3.  An mbna card from about 1999/2000 idem dca scammers no signed agreement unenforceable   4. Some kind of lloyds credit card, with idem. Theres a signed application form but that does not meet the requirements as there are numerous prescribed terms on that missing . Unenforceable.   5. Some kind of rbs secondary? finance no idea what, no agreement. Unenforceable.   pers id be totally ignoring them on all those. just because he got cash cowed for far too many years running the sb date to infinity, makes no odds to any of them.   old school..got had blind from day one, aided and abetted by yet again one of the so called charities, there to help..not!!   Dx    
    • Djokovic may not be able to defend his French Open title this year, according to the sports minister. I thought one of their ministers, can't remember who, might have said otherwise during the problems in Australia but this doesn't sound unreasonable.   Djokovic’s French Open title defence in doubt after Covid pass ruling | Novak Djokovic | The Guardian WWW.THEGUARDIAN.COM France rules all athletes will have to be vaccinated for sports events while French MP Stanislas Guerini says Novak Djokovic’s behaviour is...  
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Estellabianca V Abbey


Estellabianca
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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.

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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...............

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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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?

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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!!

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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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?

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  • 2 weeks later...

:( 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.

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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

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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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

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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:) 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!!:razz: 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???:confused: ( 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)

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CONGRATULATIONS!!

WELL DONE:D :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 :|

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Congratulations well done

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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EXCELLENT NEWS :D

 

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

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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  • 11 months later...

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?

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