pkir v Abbey (claim served 2nd Jan)

[pkir]

Hi all, firstly I want to say how great this site is - I've had some financial trouble over the past few years due to various situations (family deaths, unemployment and husband's ill health), bank charges from ShAbbey haven't helped my situation but I'll be definately be donating to this site as soon I am financially able. The help and advice is brilliant!!

 

I've spent hours and hours looking through the threads and found all the advice I needed to get the info on my charges (Abbey delayed as normal), info for my prelim letter, LBA and I'm now up to the stage where I filed my claim (via MCOL) on 28th Dec. Much thanks to everyone who posts (especially Karnevil) as I couldn't have got this far without all the info everyone has kindly made available.

 

My claim was deemed served on 2nd Jan and Abbey have already acknowedged it and sent me a standard letter saying they will be submitting a defence. I've seen on this forum that other people have received exactly the same "we will be submitting our defence" letter which is very reassuring. Bring it on I say !! I've already started preparing for when Abbey's sumit their defence (which I'm sure they will) and when my AQ arrives and to be honest I'm quite enjoying this whole process (which is very strange because although I know the money I'm claiming shouldn't have been taken from me I'm not normally a complainer).

 

Now I've finally had the time to post this thread I'll keep it updated for anyone in the same position as me because everyone elses threads have been so useful.

 

Good luck everyone !!

[cross1217]

Welcome Pkir, It's nice to see someone taking the time to read thru the various threads and advice on the site, thus ensuring things are done correctly. After all, there's no real rush - apart from we want our money back asap!!. Abbey are proving the most difficult Bank it seems to take to court and are leaving it to the wire until they are forced payout.

 

But, with the help of the Moderators and other members - I'm sure we will soon be enjoying our moment against Abbey!!

[pkir]

Last Monday I received Abbey's defence to my claim which looked to be the standard blurb others have received and also on the same day I received an GOGW offer of £3200 as full and final settlement.

I wrote back to them on 30th Jan saying I'd only accept their GOGW as part payment etc. etc. but I said in the letter that I would accept £5030 as full and final settlement (this is the total amout of charges they've taken from me over the years + my court costs - I'd be quite happy with this as a settlement at this stage, I'm not worried about the interest).

 

Thinking there wasn't a hope in hell that Abbey would agree to this and that I'd have to go ahead and submit my AQ, as the AQ states that "all parties should agree directions wherever possible", I said in the letter that, whilst writing, should they not agree to a settlement of £5032, I'd like to bring to their attention the attached draft order for directions which I intended to attach to my AQ for the courts consideration. I asked for any comments they may have on this (this is the newish draft directions recommended on this site).

 

Unbelievably Abbey phoned me today agreeing to the settlement figure I suggested - I can't believe it !!! They said a cheque would be 7-10 days but as I have to submit my AQ by next Tuesday I told them that I'd be sending it to the court by guaranteed next day delivery on Monday if I didn't receive the settlement by then (cleared payment in my account). They said they'd try and comply with this but if I did submit my AQ they'd refund the cost of me submitting the AQ. I'm GOBSMACKED. Is this unusual, Abbey don't usually agree to offers like this at this stage do they?

[Lula]

Bloody Hells Bells, Well Done you!!!!! its very liberating isn't it - I dont understand how it will take 7-10 days to get a cheque, they got a cheque and paid it in and it was all cleared within a week, did you speak to the adorable James?

[pkir]

Yes, I did speak to James (the miserable so and so). They said 7-10 days for the cheque because they said they have to go through a verification process i.e. check my account to verify each and every charge I say they've taken. I can't quite believe they offered me over £3k before checking this first but there you go, that's ShAbbey for you.

[Lula]

LOL when I spoke to him he was charm personified

 

but he did say the same, I don't believe that they check each and every charge I think that they just say that

[cross1217]

Pkir, Well done . I have beeen dealing with James Arrandale too. Just prior to submitting my AQ I gave him a call to discuss a settlement. I have been promised full refund of charges plus a % of interest. I will await cheque and post my AQ in the meantime just in case it all goes flat.

 

James was excellent. It will save me all the hassle of court which I can do without at the moment. This may not suit everyone but I think it was the correct decision for me.