AlexTed vs Abbey ** WON (pre-OFT case) **

[alexted]

When I was speaking to a person at the court, he said I had no grounds to apply for judgement because the fact that I had a copy of Abbeys' defence proved that they had submitted one, and they weren't responsible for the failings of the postal service.

 

Thinking about it now, I should have kept my big mouth shut and just asked if Abbey had filed a defence. I'd have been told "No" and could have applied for judgement... we live and learn.

 

Having read other posts, though, it seems that the courts tend to grant extra time to the banks for a defence to be filed, so it might not have helped much in the end.

[mariejader]

Thinking about it now, I should have kept my big mouth shut and just asked if Abbey had filed a defence. I'd have been told "No" and could have applied for judgement... we live and learn.

 

 

And who said honesty is the best policy? I would have done exactly the same my size 9's are always getting me in trouble

 

Still like you said more interest, but it does not seem fair does it

[alexted]

Had a letter from the court this morning, as follows:

 

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

 

In the XXXXXXXXXXX County Court

Claimant XXXXXX XXXXXX

Defendant Abbey National plc

Date 16 May 2007

 

Before District Judge XXXXXXX, sitting at XXXXX County Court.

 

Upon referral of the Defence

 

IT IS ORDERED THAT

1. The action be stayed until 10th July 2007 or until further Order; the stay will also afford the parties an opportunity to ty and settle the matter without a Court hearing.

 

Liberty to apply to remove/extend the stay

 

File to be referred back to the District Judge by 24th July 2007.

 

This order was made on the District Judge's own initiative pursuant to CPR Part 23.8. if you object to the terms of the order you must make an application to the court to have it set aside, varied or stayed withn 7 days of receiving it pursuant to CPR Part 23.10*

 

*This means that if a party is not happy with this order and wishes to object to it, then a Party merely has to write a letter to the Court within 7 days of the date of this order specifying the objection and stating the grounds for it; no fee is payable for doing this. The file will then be referred to the District Judge.

 

Allocation Questionnaires to be dispensed with.

 

Dated 10 May 2007

 

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

 

I'm confused by the 2 different dates - have I already missed the deadline to object? I really don't want to wait another 2 months before anything else happens - can anyone advise on grounds to object or suggest the wording for a letter, please?

 

AQ - sounds like I won't be getting one, then?

[alexted]

** Bump**

Anyone?

[mariejader]

Have a look here

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay.html

[mariejader]

Just sent you a pm

 

Post 71 onwards

 

http://www.consumeractiongroup.co.uk/forum/abbey-cahoot-successes/52064-tinkerbella22-abbey-4.html?highlight=stay

[alexted]

This is the letter I've drafted to Abbey as an attempt at settlement. It's more or less a copy of the one Tinkerbella used :o but I'd still appreciate anyone taking a look and pointing out any mistakes - thanks! Is the amount I'm prepared to lose enough, do you think?

 

-----------------------------------------------------------------------------

 

You will be aware that on the 10th May, District Judge Singleton of Cheltenham County Court has ordered a stay for settlement in the above claim until 10th July 2007. In my opinion I have given you ample opportunity to settle this claim which was started on the 1st March.

 

In accordance with the Judges request I will attempt to settle this matter. Taking into account the goodwill payment of £100 which you credited to my account on the 8th March, the outstanding amount which I am claiming is £417.11

 

Just to clarify, this amount is comprised of the following:

 

£385.50 – Total amount of charges

£81.61 – 8% Interest as per s.69 of the County Court Act

£50.00 – Court fees

 

Total £517.11

Total minus goodwill payment £417.11

Interest accrued since 1st March £7.20

Total outstanding amount of claim £418.31

 

To bring this matter to a close I will be prepared to accept an offer of £385.00. I believe that this is a fair attempt at a settlement and would be beneficial to the both of us as interest is accruing daily on the claim and would prevent any further cost to myself. I believe it is in both of our interests to bring this matter to a close but I am prepared to continue with the court action for the full amount if this is not possible. I will give you until the 1st June to respond.

 

I look forward to hearing from you.

 

Yours sincerely,

 

--------------------------------------------------------------------------

 

Something else I need to check; the Judge has ordered a stay until 10th July, file to be referred back to the Judge by 24th July. That doesn't mean that 24th July is my court date does it?

[alexted]

:oops: :oops:

Got my sums wrong!!!

 

The total is £428.31, so I'll offer to accept £400.00.

[alexted]

Something else I need to check; the Judge has ordered a stay until 10th July, file to be referred back to the Judge by 24th July. That doesn't mean that 24th July is my court date does it?

 

Or does it? Can anyone answer this for me please?

[alexted]

I was wondering when it would be my turn to hear from Inga...

 

Had a "Without Prejudice" letter from her this morning offering £403.35 in full and final settlement, which is good because I wrote to Lloyd Henry last month offering to accept £390.00! Sometimes it's good that they don't speak to each other! The claim was for £417.11 after the GOGW I recieved earlier, so I'm happy to accept this amount.

 

Thing is, there's a para which says:

"There must be some charge incurred for the transactions that have in fact occured on your account"

 

Do you think this refers to the shortfall of £13.76, or will they credit my account with less than they're offering, which I believe they've done in the past, or was that just with GOGWs?

 

The final para says:

"Should you wish to accept this offer please sign the enclosed copy of this letter and return it to us in order that payment can be processed"

 

Not sure about this. Not keen to sign a letter they've worded, or am I being paranoid? More inclined to write back saying I'll write to the court when I'm in receipt of cleared funds.

 

I'm keen to settle this to avoid having the bother of putting together a court bundle. I'd just like to know if anyone can advise exactly how I should reply to Inga.

Thanks.

[alexted]

** bump** sorry!

[noobrider]

I would be tempted to write your own letter stating you will accept the settlement and will inform the court once funds have cleared, you are right to be wary of signing their letter. just make sure you quote any references

[alexted]

Thanks, Noobrider, tha't just what I'll do.

[alexted]

Final update:

 

On June 22nd I sent a letter to Inga saying I'd inform the court the claim was settled when I had £403.35 in cleared funds, and not before.

 

On June 28th I received a letter, unsigned, agreeing to my offer of settling for £390.00!! Do these incompetent idiots never talk to each other? I didn't know whether to laugh or scream. The letter said payment would be "processed today" (27th). Decided to ignore it and see what would happen next.

 

I was checking my account balance online every day and then on Tuesday - 3rd July - found the money had been credited to my account. £403.35, that is.

 

Hooray!!

 

I'm a very happy bunny and we're off to the pub to celebrate tomorrow night. Not a life-changing figure, I know, but it's the principle that counts. I realise I've had a relatively easy experience, ie no AQ and no bundle to prepare, but even so I would never have started this whole shennannigans (sp?) without this marvelous website and I'd like to give heartfelt thanks to all who've helped and advised me.

 

What next, I wonder. Will they also credit me the £390.00? Or try to claw back the difference (No chance, I moved the money as soon as it appeared, hah!)? There's no telling what these morons will do.

 

To everyone else still waiting for their money, don't give up, you know you'll win in the end.

 

Thanks again chaps (and chapesses) Donation on the way. Would a mod add "Won" to the heading please?