sam78 V's Abbey***WON***

[FOXYLADY1970]

hi sam78

 

Well done just been reading your thread I am in process of preparing my documents that have been ordered by the court which I have to send to abbey by the 16th May.

 

I have had no contact with abbey apart from letters should I send a email to somebody now on my order it says that myself and the defendant must cooperate in preparing documents?

 

take a look at my thread.

 

many thanks

 

Foxy

[moneyinmypocket]

Hi Sam

I can't believe Louise admitted that they're shelling out for lots of claims!

 

I got home to a letter from the Abbey last night to say they are settling my claim in full for £1686.86 and will be sending me a cheque :grin:

 

Good luck

 

Leigh

[sam78]

Well, the cheque has been put into my account but I can't access the cash until next Thursday - very frustrating. I'm due in court on Wednesday for the directions hearing - think I'll try to gee up the clearing of the cheque by mentioning this.

[sam78]

They cannot speed up the clearing process so I'll have to contact the courts and let them know that a settlement has been reached and that I am only waiting for the funds to clear. Once sorted in a weeks time I can then change my thread to WON!

[sam78]

I WON!!!! Settlement cleared and funds available, woohoo!!

 

I have just read the new costs sticky and this is the letter I am sending to the courts ad Abbey - I'll keep you posted.

 

Please can someone change the thread to WON.

[mariejader]

Well done Sam, and good luck with the extra costs keep posting and let us know what's happening

[sam78]

I have put together my schedule of costs, stationary, printing, copying etc totalling £100.35 at a breakdown of 15p per side of printed paper, postage costs for recorded delivery etc.

I have also totalled the number of hours spent on this claim at 44 @£9.25 per hour. Anyone who has done this and got this far will know it's not an unreasonable amount of time.

 

This will be in the post today and I'll let you know how I get on.

[Lady E]

Well done Sam, good luck with the costs/time claim , Abbey dont play fair so well done for turning the tables.

[charleyfarley]

Well done sam...........have you read teebum's thread about costs?

[sam78]

You certainly know your threads inside out don't you?! I've read teebums thread, seems I am being a little generous here with 44 hours, not to worry, I'll still be happy to see that amount in my bank.

 

I'm off to set up a savings account to put my money in - don't think I'll choose the Abbey do you? Lol

[charleyfarley]

I don't know of any savings account that pays 8% with no tax and where you can backdate it for 6 years!!!!!!!!!

[moneyinmypocket]

Hi Sam

Well done and congratulations!

It's a great feeling when you get your money back

 

Am I missing something though, are we still supposed to be claiming for time spent etc. - can you point me in the right direction for the costs sticky?

 

Cheers

Leigh

[charleyfarley]

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=6&a=84

[moneyinmypocket]

Thanks for the link

[livelylad]

Threads, merged, moved and tite changed to WON!!!!

 

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[FOXYLADY1970]

congratulations sam,

 

enjoy the money dont spend it to quick.

 

Im still awaiting abbeys responce to my bundle keep me posted on your costs etc and how its going.

 

foxy

[sam78]

Here's an update regarding my claim for costs.

 

The judge has ordered a small claims hearing for June 13th at 10.30. I have emailed my contact at Abbey to advise them of this - i think they are trying to use scare tactics on me to back out - what do you think? The emails are detailed below.

 

"Just to update you, I sent a request to the courts for preparation costs for this case, a copy was also sent to yourselves, which also advised that the claim had been settled.

 

I have been allocated a hearng for this of 13th June at 10.30am - the details of which should be in the post to you from the courts.

 

I would be grateful if you could confirm that someone will be attending the hearing if you dispute my claim for preparation costs.

 

Many thanks"

 

"Dear Ms Holmes,

Thank you for your email notifying Abbey of your plans to pursue your legal claim (7ZP00154) to a court hearing despite the Settlement Agreement reached on 20 April 2007.

As stipulated in my settlement email dated 20 April 2007, settlement was agreed in "full and final satisfaction" of your legal claim against Abbey. For you to agree to that settlement and accept payment and then later attempt to pursue your claim in order to receive further costs, puts you in breach of the agreement made.

Please be advised that should you wish the pursue this course of action, we will indeed instruct counsel, attend the hearing of 13 June 2007 and will in fact seek a costs order against you in this matter. We will seek to rely on the email correspondence of 20 April 2007 as evidence of our agreement and its terms therein.

I hope this clarifies our position"

"Thank you for your reply. I have agreed a settlement for the claim with you, though I am now proceeding to claim for the costs of preparation - this does not breech any agreement previously made with you. My letter to you and the courts dated 3rd May details that settlement was agreed between both parties, though I am quite within my rights to request that the judge sees fit to award me costs as per Civil Procedure Rules 27.14 (2)(g)

 

(2) The court may not order a party to pay a sum to another party in respect of that other party's costs, fees and expenses, including those relating to an appeal, except – (g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably.

I believe that the Abbey has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing. A list of cases that were settled before a hearing was also enclosed - copies of which you should have also received.

The judge in this case obviously takes my claim for costs seriously enough to warrant a hearing."

 

Any comments anyone please?

[sam78]

I've had a reply to say they will 'instruct counsel accordingly'

[KnellyK]

Good Luck Sam!

 

Keep us posted as usual!

[charleyfarley]

Hi sam,

 

Good Luck in this..............have you talked to GaryH or one of the other mods about it??

 

 

 

PS

 

it's a very minor nit-picking thing, but you spell it "breach not " breech". It looks more professional when it's spelt properly

[sam78]

I haven't spoken to anyone on this yet, I'll pm one of the mods for a little guidance. Cheers