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Toni V Abbey


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I posted my spreadsheet to them the day after I made my claim online requesting that they add it to my claim. It states on MCOL that the claim is being transferred, I'm guessing to my local court.

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Ok so now the case has been transferred to my local county court. In the letter from Northampton it says

'IT IS ORDERED THAT:-

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.

Do I now wait to see what my local court send me or start my court bundle?

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  • 4 weeks later...

I have called the court today and they have sent out the AQ. Best to read up on that now!! I was so hoping to get this all sirted by now.

I was wondering if I should contact Abbey and see if they want to settle now, does anyone have any advice on this?

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Ok got the AQ today but confused as to amounts to claim now.

Abbey refunded £1190 of charges after I put my claim in but also the following month they refunded around £200 which were listed on my bank statement after each charge ie Charge £25 then a charge refund of £25. If I take into account refunded charges after the claim date then souldn't I take into added charges since then as well.

The original refunds where all listed as a long list on my bank statement but with no referance to which charge (ie dates) it was a refund to.

I have sent an email to Inga requesting a settlement before I file my AQ and the added costs of the court bundle.

Please help, I really am lost about how much I can claim for now.

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Help again, I have received a reply from my email to Inga.

 

Dear Toni,

Each case is determined on its individual merits after a complete reconciliation of accounts. You should not assume that your case will be handled the same or similarly with any other claimant's case. Abbey National Plc is constantly receiving updated legal advice in line with legal developments. Should you wish to pursue this matter, I respectfully invite you to forward an offer of settlement.

Kind regards,

 

Inga Kirkman

Senior Associate

Solicitor, NSW

Do I just reply with how much I want? ie Claim + court fee + 8% interest.

I had just copied my AQ and Draft Order for Directions, and latest spreadsheet of charges ready to post off to them.

I was hoping to send them copies before I filed my AQ to give them a chance to settle.

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Is there a template for an offer of settlement email that I could use? I don't want to shot myself in the foot if they delay and the costs go up when I file my AQ etc.

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toni- hi looks like your at the same stage as me.got my aq today.emailed inga y`day asking for about 80quid less than my claim pointing out the savings to abbey to settle now(altho i did get 65%offer with the defence which i also declined.)

i couldnt finf the exact thing on a template but adapted the rejecting offers no.6 letter.why not write it yourself and post it on here for comments.Still waitning to hear from inga.good luck to us both.:)

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Ok this is my reply to Inga

Dear Inga

Thank you for your prompt reply, I would be happy to settle at this stage for £4815.60. This figure is for the bank charges listed in my claim taking into account the refunded charges that I received on 03/05/2007, interest at 8% and the court fee of £250.

This figure will only be acceptable before the Allocation Questionnaire is filed. After the N150 is filed there will be the added expenses of £100 for the Allocation Questionnaire and also any costs of preparing my court bundle and any other extra costs if they arise.

I also attach a copy of my Draft Order for Directions that I propose to file with my N150.

I look forward to your prompt reply.

Yours sincerely

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hi this sounds pretty good.the only thing id alter is to actually give them a deadline to respond ie 24hours to contact you or similar, depends how quick you want to file the aq. best of luck will let you know if she replies to my email(which address did you send the previous one to?)i used [email protected] WAS that the right one?!thanks.

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Yes I sent it to that email address but she replied from [email protected]

Guess what? I sent the above to her at 10.36 today and I received the following at 10.56

 

 

Without prejudice"

Your offer is accepted. Payment will be requested today and paid into your account (if open) or posted to you. Payment is made without admission of liability and in full and final settlement of your claim.

Kind regards,

 

Inga Kirkman

Senior Associate

Solicitor, NSW

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thanks, and very well done thats fantastic. think ill resend to the ashurst address.remember dont drop the case toilk the cheque clears!! hope to see you on the success thread soon.

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Thank you, I have replied to the email,

Thank you for your very quick response. I am happy to receive this settlement into my Abbey account. Can you please give me an idea of how long it will take to reach my account.

I will contact the court to withdraw my claim when the payment has cleared in my bank account.

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Well it happens to be my birthday in 4 weeks and Mum's taking up to London for a show and tea at the Ritz so I may have to buy tons of clothes!!!!!

In reality it will go a long way to clear my debts that the charges put me into in the first place.

Good luck with yours, it may be worth sending an email if Inga's in a settling mood this week!

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Woohoo the Ritz, very pooosh:D !! Well have a tea on me!!

 

As for emailing Inga, I did, asking for a settlment before filing AQ.

 

Promptly got told to go serve my papers elswhere!!:rolleyes:

 

Didn't even read my email thoroughly!

 

 

Hoohum, be filing my AQ on Thursday!

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Bad luck you must have got her on a bad day!

I will think of you when I have my first cream cake.

 

I will still be around here when I've got my money, it's great to be able reassure others through their battles. Don't worry I get an email when your thread is updated so I'll be with you all the way till you get your fortune as well!

x

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