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    • Hi Schipoo and thank you for the update.   Excellent news for you and a huge relief, I imagine. You might like to start a new thread about Independent Tax if you want advice on that problem. HB
    • Hi everyone, I have an update on my case that I’d like to share with you all.  so after submitting 371 pages in my bundle, a witness statement and skeleton argument for my court case due to take place in Manchester on June 21st I got an email from my litigator stating that hmrc have pulled out and the case is now closed!    this is the body of the letter….. This letter, which is copied to the Appellant, pursuant to Rule 17 of the Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009, the Respondents gives notice to the Tribunal of their intention to not defend the above appeal.   The Respondents respectfully invite the Tribunal to allow the appeal and close its file. In lieu of the above the Respondents would respectfully ask the Tribunal to vacate the hearing scheduled for Friday 21 June 2024. We would accordingly invite the Tribunal to close its file. Obviously this is extremely good news which hasn’t sunk in that after 3 years of fighting it is over.    I do have a further fight on my hands in that the Group Action I had joined with Independent Tax that had been disbanded in November last year and I chose not to continue with them. They are trying to bill me over 5k for the work they did under that Group Action which is ludicrous bearing in mind the whole point in joining was that it would keep the cost to a minimum as it would be shared between us all. They had asked if I wanted to continue to have them represent me on an individual level which I declined, if I hadn’t, goodness knows what they would have been trying to charge me now. 
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Leecabs VS Abbey Nat


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Ok its sent e-mail and posted here back to the wait and see game with the post the way it is I doubt I will get a response before the begining of next week!

 

Leecabs ;)

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I sent it to Clare Fletcher at ASHurst and look what I got offered below they are taking the mickey now!:rolleyes::evil::rolleyes:

Dear Mr Leecabs

Without Prejudice

Whilst Abbey National Plc appreciates your offer of settlement it is insufficiently commercial for it to accept the same. I am however instructed to put a counter offer to you in the sum of £600.00. Any payment will be in full and final settlement of your claim and without admission of liability by or on behalf of Abbey National Plc.

Please let me know if you would like to accept this offer and I will process payment.

 

Kind regards

 

Clare Fletcher

 

They offered me £5121 2 weeks ago!!!

You have to laugh or you cry!

Leecabs

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Hi Lee

 

Maybe it's a typo and it was supposed to say £6000 ??:D

 

Or maybe not!

 

They really are getting worse - she was probably looking at someone elses' claim!

 

What are you going to do now, apart from telling her where to shove it, of course!?;)

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

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I have posted a copy of the offer to Shabbey HQ so they may come back with a better offer directly and oh look there goes another flying pig LOL

 

I also sent a copy to Bow County Court so they are kept in the picture.

 

Just waiting to find out what is happening from the court now.

 

Lee:)

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FWIW I would send her an email back asking why they offered you x a few weeks ago and y now, what is your total claim for? what is the difference, have you tried a counter offer?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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This was my repsonse:

 

Dear Clare,

I will not be accepting the below offer which is incidently just over £4500 lower than the last one. Can you explain why you would offer only £600 when im claiming just over £8000?

I would like to thank you for taking the time to reply and look forward to your repsonse to my above question

Kind regards

Leecabs

Do you think I have had a response? Nope LOL :lol:

Perhaps she was to embarrassed :lol:

Thanks Lula for the advice x

Leecabs:D

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Well I have sent a copy to Shabbey HQ wonder if they will come back to me on there own, as I said earlier on the thread so far there is no solictors name on Shabbeys acknowledgment, defence or allocation questionaire. So wonder if they have even allocated a solicitor on this one.

 

I rang the court Friday and they said it may take up to a month for the allocation to be completed, think I will ring them again on Friday to see if there has been any movement.

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  • 2 weeks later...

:mad: :mad: OK JUST GETTING SO F!*KING FRUSTRATED NOW MY CLAIM HAS BEEN GOING FOR 4 MONTHS IN A FEW DAYS AND STILL NO

B!*TARD COURT DATE :mad: :mad:

 

Its just so annoying the court have had my allocation and Abbeys allocation since July 9th and nothing from the court since. I phoned 2 weeks ago oh well its with the judge. Last week they said oh you have settled I said no I think your will find I have offered a settlement figure to Abbey and sent you a copy. After 15 mins holding she said oh yes thats right its with another team? eh

So now another week has past and we are on Day 16 of waiting for the court to do something come on anything a letter saying sorry for the delay. If the judge awards a stay im going to explode!!!!:mad:

 

Just want the money now 4 months is long enough of all this fannying around! I will be lucky to have claim solved at Christmas!

 

I have heard of this CPR 18 request I have not been allocated as you can tell by the above spill however I have requested to stay on the small claims track can I do a CPR 18 my claim is over £8000?

 

Leecabs (With a very disgruntled look on his face):(

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Sorry about yesterdays post I was having a bad day!

 

Ok having calmed down after yesterdays explosion of frustration im going to send Shabbey a CPR 18 request, this basically requests information relavant to the defence that Abbey have submitted. What you do is send the request to Abbey give them 14 days to repsond with a reminder after 7 days. Next you fill out a N244 form for when they dont come back and include £35 fee submit to the court. They then have 14 days to respond or their defence will be struck out!

 

So im going to send it by special delivery by tomorrow morning to Abbey National PLC.

 

This should in theory get the claim resolved within the next 28 days! Which I think is going to be a damn site quicker than the courts at the moment, im hearing court dates of October/November in some places shocking!

 

I feel sorry for the courts but the judges should just sort it out and throw out these time delay defences.

 

Still im feeling happier hope you lot are getting quicker results :)

 

Leecabs :)

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Hi Everyone,

 

im out of the game there is to much chance with everything now, I have been offered just under 5.5K before out of 7.5K and Abbey National have said they will honour the offers previously made on their website:

 

What if I have already been made an offer?

We will stand by any offer to settle a complaint or court claim that we have already made to our customers. If you have received an offer to settle from us, we will be writing to you again shortly. Our letter will explain that customers have two months to decide whether to refuse our offer and wait for the decision in the test case. If you do choose to refuse an offer, your complaint or claim we will be held and recorded by us until there is a final decision in the "test case". We will then contact you again as soon as possible to finally resolve your complaint.

I wish I had the money to play it cool and not take the 5K but I dont unfortunately :(

Even the OFT win they may state a fair charge is £12 just like credit cards and then I would get back even less money!

Not to mention this test case will probably run between 4 months to 2 years. I would rather get the money now and put it away for a new mortgage I will earn interest on the sum over 2 years.

Im sorry but I was never expecting any money and im not to greedy so wont risk it all.

So with a heavy heart im going to sign the offer.

Good luck to all of you who are brave enough to wait it out.

Cheers

Leecabs:(

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I had an offer from them for £2400 for a claim which is £2800 - i declined their offer!! kicking myself now.. is it too late to go back to them and say.. "actually.. you know i said no.. well I actually meant yes"

sort of convinced myself im going to court on 10th august.. but still in the back of my mind i wish i had taken the money!

greedy marmite x

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Well what is your court doing? if your court isnt staying claims then why should you be accepting a very low offer? I am sure that Asshursts cant arbitrarily decide to stay claims until a particular court in a particular case decides to.

 

Bloody cheek of it!! Another attempt to fob us off.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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As I explained above Lula im not carrying on with this its to much to chance im 24 with baby on the way in October and I would like to get my own house so im not gonna risk a 5K bonus with London house prices the way they are :(

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I was told by the court to turn up as it was business as usual.. possibly slightly different for me though as abbey failed to comply with the court order.. so (as you kindly pointed out Lula) i have won.. but im getting terribly twitchy!

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