beetlebum vs Abbey

[beetlebum38]

Hello all thought id post an update of were i am with Abbey.

sar sent on 9th jan 07

Letter from Pam Speed micro blah blah on 27th Jan

microfiche rebuttal sent 29th jan 07

Then hey presto!!! all my statements arrived on 2nd feb 07. well pleased thought i was in for a fight over the sar, but hey no complaints from me!!!!

 

kind request for my money back being sent tomorrow 8th feb 07 for £1987

 

Amazing amount!!!! Im in Northern ireland and small claim limit is £2000 so i could not have planned it better....lol!!!!!!

[sam78]

Well done. The best advice I can give at this stage is to keep to your deadlines. If you don't have a satisfactory response by the time your deadline is up, move on to the next stage. Read up as much as you can too.

 

Let us know how you get on.

[beetlebum38]

Will do.......Thanks Sam

[Bigmac versus]

Beetlebum did you fix that, sounds like the small claim amount was set for you, good luck.

[beetlebum38]

Quick update

standard responce received on 14th February "sorry to hear your complaining we will sort it out in four weeks or let you know what is happening" blah blah blah

 

LBA sent on 27th ferbuary

i also amended the Lba letter slightly and added the following paragraphs:

 

 

In light of the media coverage of these events and the fact, that to my knowledge,not once has Abbey defended there costs successfully in court, preferring instead to settle in full at the last possible minute, i propose to give you one last chance to settle this dispute with me.

 

I am hoping your good judgement and finincial acumen will allow you to settle with me now in the amout of £1987 before i proceed to issuing a claim against you, were you will be liable for £1987 plus interest at the court appointed rate of 8% plus my costs ,plus your own legal fees. This would result in you being liable for an mount in access of £2500.

Not only that but i will be informing the court of your obvious procedure of dragging these matters to the last moment possible before settling and thus abusing the court system.

I require payment in full of this money. if you do not comply fully within 14 days then i shall begin a claim against you without further notice.

 

 

Has anyone any thoughts on this?

Dont expect it to make a difference but what the hey!!!!

[beetlebum38]

Anyone?????

 

lol

[Guest louis wu]

Beetlebum,

 

Its a well worded letter, full of common sense, and clearly understandable. So, I'm afraid its no good, because Abbey are not familiar with any of these points.

 

You will have to go all the way until they pay, probably on the premiss that you might just forget about it and forget to claim. They never learn!!

 

Best of luck, put your feet up and enjoy the fact that their inability to use common sense will end up costing them more in the long run. Don't forget, you can claim personal costs and not just court costs. The standard is £9.25 per hour and 20 hours seems to go through without resistance, plus postage photocopying etc works out to an easy £200. Worth considering.

 

Louis

[beetlebum38]

LMAO I know you are right louis but i was hoping.....

 

Thanks for the tip on the personal costs. This £9.25 per hour figure where/who set this as a standard?

 

Thanks Davy

[Guest louis wu]

I cannot remember where I got the £9.25/hours from, but it's my belief that its a standard amount thats acceptable with the courts (it may even have been decided by the courts).

 

What I do know is that Abbey didn't dispute the figure when I called them to 'negotiate ' my personal costs, and is the figure many others have used so it must have some legal standing. In total, I asked for time, postage, telephone, sars request, photocopying, stationary etc, and stated it was my belief it was worth £220, but would settle for £200. They agreed, sent an email straight away, and a cheque 3 days later.

 

Not bad for a phone call.

 

Louis

[beetlebum38]

Nice one Louis ty..........sounds like a plan......

[Advoc8]

I cannot remember where I got the £9.25/hours from, but it's my belief that its a standard amount thats acceptable with the courts (it may even have been decided by the courts).

 

It's buried in section 52.4 of the Practice Direction to part 48 (costs - special cases) of the Civil Procedure Rules

[Guest louis wu]

Advoc8, as always a fountain of knowledge ;-)

cheers mate

 

Louis

[Advoc8]

I really should get out more often - thanks for the click!

[beetlebum38]

Yes nice one Advoc8. much appreciated.

[Advoc8]

Just a word of warning, and sorry to drag this thread up again but CPR Part 27.14(3) does severely limit the costs you can claim unless a costs order is made before allocation to the track. If a defendant was on the ball they could well realise this when making an offer and a judge certainly ought to realise (though some may not notice).

[beetlebum38]

Update time....Lba came and went so i file in small claims court.

Got a letter from Abbey saying they were still investigating but would be paying £100 into my account as a gogw. they then paid in £110. amended my claim and schedule and I am playing the waiting game now.

Thanks for advice Advoc8.