Ged v Abbey ***WON***

[noobrider]

just wait for the legal team or the court now. Everything else is a standard letter

Sounds like you've still got the whole aq bit to go yet

[path_finder]

I have recieved a 'notice of issue' from the court today saying that my claim was deemed to have been served on Abbey on 14th April. They have until 30th April to reply.

Hopefully not long to go now until I get my money!!!!!

 

I'll have to wait and see if Abbey files a defence.

[Lula]

Dont forget to inform the court that you have received a GOGW from Abbey.

[path_finder]

I have received a notice from court to say that abbey filed an 'acknowledgement of service has been filed'

 

The text says:-

 

The Defendant filed an Acknowledgement of service on 18th April

The defendant responded to the calim indicating an intention to defend all of the claim.

The defendant has 28 days from the date of service of the claim form with particulars of the claim, or of the particulars of claim, to file a defence.

The acknowledgement was filed by the solicitors acting for the defendant who have given the following name and address for service of documents.

 

There is no name and address for the solicitors. Do I just wait now and see if I'm sent an AQ?

Should I contact Abbey to see who their solicitor is?

 

Any help would be appriciated

[path_finder]

Abbey have now filed their defence, with the usual stuff about me agreeing to the terms and conditions when I opened the account.

 

Can anyone tell me what happens now?

 

Do I wait for the court to send the AQ,s or should I contact Abeey and ask for a settlement?

[noobrider]

yep just wait for the court now

[path_finder]

I've recieved my AQs, and have until 30th May to return, but I'm a bit unsure as to what I need to put in Section G, Other information.

I've had a look on the templates library, but it only refers to information that you think might help the judge. Can anyone tell me what I should put in that section?

 

Any help would be appreciated.

[Lula]

Hi, you need to take a look at this for your AQ

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

[path_finder]

Thanks foe that Lula.

 

Do i also need to send all copies and copy of AQs to abbey, or does the court do that?

[Lula]

i would send a copy of the draft order and the back up statements plus a copy of the AQ to Abbey, its usually a curtesy - it might have the desired effect of getting them to settle earlier

[path_finder]

When you say back up statements, do you mean my bank statements with the charges on or just my Schedual of charges that I'm claiming? Or the list of settled claims.

[Lula]

so Path, I mean the back up statements with the Abuse Order that goes into section G of the AQ

[path_finder]

Thanks Lula

 

I've sent everything off to the court and copies to Inga Kirkman at Abbey. All I have to do now is wait and see if I get a phone call offering me a settlement.

I think Abbey must have set up a department just to deal with reclaiming bank charges, when I rang the London office to ask who to address it to, they just gave me the name straight away and the reference to put on the envelope.

[path_finder]

I phoned the court today and was told that Abbey have filed their AQs, the person wasn't very helpful, but I managed to find out that Abbey had not asked for a postponement for one month.

They also said that I would not get a copy of their AQs, maybe I should not have sent mine to them.

Is it worth ringing them now and asking for a settlement of the full amount, or should I wait until I am allocated a court date?

[pmahonc]

pathfinder

Just keep following the court direction as they are issued, i got my phone call just on the deadline for the court bundle. I think the court will next issue directions including submitting your court bundle.

 

pmahonc

[path_finder]

I'm getting impatient now and have seen a few threads whereby people have contacted Inga Kirkman before court dates have been issued, so have sent the following email to her. Hopefully I will get a quick response.

 

Having submitted my Allocation Questionnaire to Newcastle County Court on 7th May 2007, a copy of which was also sent to yourself with a request to the judge to strike out your defence on the basis that this is a standard defence that is submitted for all claims. I would like you to consider the following.

 

I realise from your defence that you do not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effect for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest and costs totalling £801.81.

Only once in receipt of cleared funds will I then discontinue all action against Abbey in connection with this claim.

 

I have attached a copy of the schedule of charges.

[path_finder]

Does anyone have Inga Kirkmans email address as the one I have seems to be wrong?

[paula40]

It's [email protected] I have emailed her and she has responded so know it's current. Good luck.

Paula

[path_finder]

thanks for that, I realised after I posted that I had missed the dot out in her name so have resent

[path_finder]

I have just checked my email and have had a reply from Inga Kirkman below:-

 

Dear Sir,

Thank you for your email, however I am instructed to reject your offer as it takes no account for the charges that are incurred by reason of the transactions that have in fact occurred on your account.

I am instructed to make a counter offer to you in the sum of £520.00 in full and final settlement of your claim. Any payment would be made without admission of liability by or on behalf of Abbey. Payment would be made into your account (if open) or posted to you.

Should you wish to accept this offer please advise by return in order that payment can be processed.

Kind regards,

Inga Kirkman

Abbey have already paid £175 into my account as a GOGW, however there is no mention of this in her email, nor did I make any mention of it as I had sent a rejection letter asking for it to be removed.

My question now is, should I reply to her asking for the full amount minus the £175 or still ask for the full amount? If so I would be asking for £626

 

Also does anyone have any ideas on how to word the reply to her?

[Rooster-UK]

Your claim is for..........£626

They have paid...........£175

Leaving balance of. .....£451

 

They have made a settlement offer of £520 which is £69 more than the balance.

By continuing the claim for £626, you would be attempting to obtain money by deception, which is fraud.

We do not promote or condone any illegal act, on this forum.

 

 

Regards, Rooster.

[Lula]

what you should do, is that if you accept her offer, make sure that this is the amount that you will be receiving and not this minus the GOGW, Abbey are notorious for doing this and you need to make sure that the amount she offers is the amount that is going to be on the cheque

[path_finder]

Thanks Rooster / Lula

 

I'm not trying to claim money by deception:confused:

 

My claim is for:-

£618 in charges

£103.81 8% interest

£80 court fees

total £801.81

 

They have paid me £175 GOGW

This leaves a balance of £626.81

 

How am I commiting an illegal act?

[Lula]

My question now is, should I reply to her asking for the full amount minus the £175 or still ask for the full amount? If so I would be asking for £626

 

it may be the way you worded your mail

 

i would ask for the full amount owed minus the GOGW plus costs and interest, however, if you want the matter settled sooner, you can settle for a reduced amount or continue to court, if you can wait and continue your claim she will eventually pay up

[pondlife]

how do I start a thread?