me against abbey....

[Michael Browne]

Letter 5 seems suitable:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[adam1976brown]

right i have used a letter from the template section and have tinkered with it a little...

 

Dear Sirs

 

Thank you for your letter dated 08 March 2007. I respectfully decline your gesture of goodwill as a Full and Final settlement of the charges I requested in the letter I sent to your company dated 31 January 2007.

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 23 Febuary 2007 and was acknowledged by your compnauy on 26 Febuary 2007. I would ask that you now refer this matter to your legal department for further instruction.

 

I wish to stress that I do not accept your gesture of goodwill as Full and Final settlement and the money transfered to my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly if you deemed it to be a Full and Final settlement and not a getsure of goodwill. Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim (£xxxx) without further conditions and I will inform the court that the claim is settled.

 

 

does it seem ok or not????

[Guest louis wu]

Sounds fine to me.

 

louis

[adam1976brown]

not only am i sending this to the complaints dept but is wise to send one to the courts to keep them up to date???? also shall i send one to thier legal dept who r dealing with the court claim or see if the complaints dept do it???

[mariejader]

From posts I have read before I don't think you should send it to the courts because I think the letters sent out from Abbey are marked WP so your reply will also be WP

[adam1976brown]

sorry u lost me on WP ??? i phoned the courts and they were happy to add anything i sent them to help my case, even anything niff naff or trivial.. then they said if for any reason i lost anything and asked abbey for them they might say they dont have them but i would still have a back up copy with the courts... so if u want to play safe like i am for the sake of say £1 send recorded to courts for the attention of court manager with a note saying

 

Please find enclosed the recent correspondence I have had with the defendant reference the refund of my bank charges and interest.

Please can this information be attached to my claim XXXXXXXX and any further correspondence with my self and defendant will be forwarded as well in due course.

 

Yours sincerely

 

i have four copies of everything computer, disc, paper copy and one with the courts... not taking any chance...

[charleyfarley]

WP is "Without Prejudice". Can't be used in court by either side as it's an attempt to reach a settlement outside court.

[adam1976brown]

there is nothing mentioned in the letter or any letter from abbey that says without prejudice.. but the courts are happy to have anything u feel will help ur case...

[adam1976brown]

damm damm.... those crafty buggers at abbey... left it to a few days before their defence had to be in and filed it.... well i am now on the next step now... what shall i do... i have all letters copied and on disc and sent to courts so i have a start of a bundle... i know the AQ will follow soon..

thinking of setting up a new account with barcleys.. they look a good and honest bank....

[adam1976brown]

well ..... things r moving quicker than u can imagine.... today i recieved abbeys defence and the AQ with a return date no later than 9 april... thought i might have to wait a few weeks for these.... they have also moved the court to my local one.. thats a relief cause i thought i was going to have to do that myself... standard defence from them, just some cut and paste in their legal dept on the figures and it is the same letter.. going to go through the AQ and if i dont understand things i will endever to ask for ur help.... roughly how long after AQ is returned do i get a court date????

[Michael Browne]

See these two threads:

Allocation Questionnaires - A guide to completion

New strategy for Allocation Questionaires

 

[adam1976brown]

just been getting all the info together for my AQ before i write it out.. then i had a brain fart ..... some of the stuff i have to write might not fit in the boxes... can i add attachments and say " see page xxxx " or does it have to be written all on the paper... u see i have big seasame street writing.. big crayons and all.... also the pdf version u gave in the above link.. is that ok to use and send of or do u need the original AQ??? have till 9 april.. no rush yet but it will creep up and bite u on the bottom....

[adam1976brown]

right have been using the online AQ and need some help..

 

1.. at the begining it says have i sent copies to other parties.. reading other threads i guess i dont????

 

2.clicked yes in prt 2 of protocal. is this all the information passing between me and abbey since i have requested my charges back ie: what the charges were, amounts etc etc???

 

3.put myself as witness but what is the witness to fact.. is it a really obvious answer ???

 

4.although the claim is for £15549.80p i applied for small claims adding the little bit about " this claim is not a complicated one etc etc" copied from other threads requesting being allocated to small claims ....

 

5.what shall i put for proposed direction???

 

6.in the space for other info what shall i put..

 

also can i use this print out version to send to courts or shall i use original one sent to me??

 

please help..

[adam1976brown]

BUMP!!!!! hello anyone...:o

[adam1976brown]

bumpty bump... still need some help...

 

would it also be an idea to email james arrandale reference the letter i sent abbey last week with regards to their GOGW.. heard nothing back and i gave them a week to pay the rest or i will carry on with the whole claim... this is it..

 

Dear sir

As you are aware I have entered a claim for a refund of charges and intrest with your company. At the moment we have reached the stage of a defence filed by Abbey and I have now completed my Allocation Questionnaire. I received a Gesture of Goodwill a few weeks ago for an amount of £1153. I replied back with the letter attached to this email. I gave Abbey a week to reply to the letter and if we did not come to an agreement I would carry on with the claim for the full amount. I have not received a reply and I am asking you again if you will like to settle the claim before the allocation questionnaire is posted and a further £100 is added to the claim.

Here is a contact number if you would like to discuss the matter further, xxxxxxxxx, or feel free to use this email address

I hope to hear from you soon to deal with this claim before any further costs are incurred.

Yours faithfully

xxxxxxxxxx

[adam1976brown]

ding dong !!!! hello anyone here??? need help on my last couple of posts??? please...

[kilmeedyman]

Adam

Call James on the number on the top right of the letters he has sent you.

You may have to try and catch him at this desk, so it might take half a dozen attempts but, in my experience and others it appears, if you get to talk to him, you can do the deal with him on the phone, he's no mug and understand's Abbey's position but another one settled is another one off his desk.

 

By the way, he will not answer voicemails left on that number, but he will answer the phone eventually. Be polite and he will do the same with you.

 

Good luck and keep us informed.

[adam1976brown]

thanks for that.... is there a best way to approach him.... do i just blurt it out out or do i butter him up first.... is best just to ask for the lot or see what he is willing to offer???? i have a figure i will accept to finish this claim off... i wont be selling myself short but as the claim will be 16049.80p if i send of the AQ i will accept close to £15000.... any help will be grateful.....

[mariejader]

I would suggest that you e-mail Inga she is pretty quick at replying I have her e-mail address if you want it

[adam1976brown]

thanks... i will take iit... do u have a number.... as u may of read in my posts i am holding onto my AQ for a day or two so i can contact abbey to say i have it completed and to save u even more money do you want to settle... also why speak to inga and not james... the only time i have heard of inga is by threads on here... thanks again for all ur help....

[einyuk]

hi adam

 

good luck with ur claim, shabbey must b the most thickest bank on this planet, well 2nd 2 BCCI bank my claim was originally 4 £5587 but 2 save me some cash when i file my claim which will b next week i've deducted £2.50 from each charge which a judge agreed with in a recent court case was a pretty reasonable amount 4 banking charges......if shabbey had come 2 me at the start and said " hey buddy will u accept " £4500 end of?"

i'd hav said "no problemo"..........but because shabbey play very hardball people had on interest an costs and they end up payin way over the odds

(even though we'r entitled 2)

"WHY:mad: "..........i've read posts where alot of banks av settled on the 1st letter even 2nd saving them ££££s..........my claim will push it above £6000+ an I will b goin 4 every penny from shabbey

THEY WANNA PLAY HARDBALL.............SO WILL I:D

good luck dude

[adam1976brown]

gave abbey all the chances to settle before i posted my AQ... had 4 days left and decided to post it after i got theirs today... theirs was basic... they even asked for a stay of one month to try and settle... cheeky buggers... i have been emailing for over 10 days now.... so completed my AQ and added on the other info section i decline their request for a stay as ( i included a print out of my inbox and the email i have been sending everyday) they have made now effort to settle but i have gave them ample time to.. backed this up with proof of letters including all the emails i sent... put in a better version of their poor effort of a draft for direction... at least they asked for it to go to smalls claims track like i did... what was their reason .. oh yes "in the interests of commerciality the defendant consents to the entirety of the claim disposed in the small cliams track".. what i can gather is 1: they dont intend to turn up. WHAT A SURPRISE !!! 2: if it went to multi-track they will be liable for much more costs when they lose or dont turn up... so i guess all the times they ask for small track they have no intention of turning up... am i right.. yes.8-)

 

well i am going to email everyday now till either we meet in court and i can show the courts they dont bother to answer ( been emailing inga and james) or they answer with all my cash.... oh yes buggers cost me another £100... atleast i can add it to my total £16049.80p... now i am going to try for prep time...:o

[Mad Nick]

Hi,

so i guess all the times they ask for small track they have no intention of turning up... am i right.. yes.

I used to think it was to avoid Standard Disclosure (which doesn't apply in SCC), but I think you're probably right. I'll be interested to see how the Judge allocates it - big claim, CI ?

 

Also, big claim + CI suggest that Abbey will play hard ball. If you haven't already, best start thinking through what their gameplan will be. Personally, I would expect them to ignore all your contacts and to bide their time, then ambush you at the Court before you go in to offer full settlement of the charges. You must refuse because if you accept, you'll give them free reign to go in front of the Judge and attack your CI arguments without having to worry about disclosing anything about the costs of defaults. Think through what reason you will give for refusing. It might even be worth stating that, from your point of view, that the conversation is "Without Prejudice" - then they can't use what you say minutes later in Court (if they decided to press on). Not trying to worry you - it's just that forewarned is forearmed. On the other hand, you might get a cheque tomorrow. Who knows. Regards, Mad Nick

[adam1976brown]

see thats what i thought....they cant contest the interest if the charges have not been settled ... they have to go into court and fight both or none.. am i right... i will not settle for anything less then all... i have full confidence... will only sign for something if its full amount and i want all in writing.... as i said in my AQ ...writing is hard proof of what is said... phone calls and conversations(unless taped) is hearsay and can be misinterpreted.... anyway i feel lucky.... why not.... we both asked for samll claims and i think the judge will see this is another one to add to the growing list... hope so....

[charleyfarley]

Adam,

 

I know it's too late now but pmahonc has a large claim and has gone Afast Track and his directions from the court have stated standard disclosure by 24th April, which speeds things up considerably because I can't imagine abbey agreeing to this, whcih means their only other option is to settle.

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/54099-pmahonc-abbey-3.html

 

post #58