Leecabs VS Abbey Nat

[noobrider]

the waiting game begins

[Leecabs]

Hello All,

 

Just a quick update nothing has really been happening, I have phoned the court to ask when I will get my claim number and they said it should be with me within 7 working days so thats by Friday.

 

I had a letter of Abbey funnily on Tuesday saying; We are sorry your complaint is taking so long and thanking me for my patience you have got to laugh :lol: or you would cry! '' we are currently carrying out research and this is going to take a further 4 weeks to complete'' again .

 

Its un canny that the letter is dated the day after I submitted my N1 claim form to Bow County Court.

So what Abbeys letter should have said is:

Dear annoyance,

we are not saying we have acknowlegded your N1 Claim as we would like to wait until the last minute to do this i.e. 5pm 6th june and in doing so we hope we wind you up and waste as much of your time and the courts in doing so'' Here at Abbey we dont give a flying FCUK about you and are only looking to delay your claim as much as possible. We will of course be entering a defense on the 28th day just to annoy you further, if you are lucky we may request a Stay and delay your claim further!

 

We hope to delay the claim as long as we can!

 

Yours sincerely The Shabbey Team (Here to annoy you)

 

Well im not getting annoyed im spending my waiting time trying to help some others on this site and bidding my time! Im hoping my letter entered with my N1 Form to the court asking to remain on the small claims track will remove the need to have to fill out a AQ.

 

Meanwhile im in claim Hibernation z z z z Z Z Z Z

 

Roll on the court date!

 

Hope your all doing ok

 

Leecabs

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250.

29/05/07 Receieved a letter from Shabbey stating they will not cave for another 4 weeks at least! LOL

[noobrider]

I know the feeling well...I am the worlds most impatient person especially when it comes to money

[Leecabs]

Yeah but it is exciting though!

 

Not sure whether I should start a claim against Capital One I think it would only be a small one about £500 still its the principle and would help me use up some of my time.

Then again come to think of it I believe there was an OFT ruling and £12 a charge was acceptable so my claim would be more like £150 hmm dont think im gonna risk damaging my credit rating for that!

 

Hows your claim coming?

[Leecabs]

Hi All,

 

well yesterday I recieved a letter from Bow County Court with my claim number, but was a bit disappointed by the delay on the claim being served. I submitted my claim form on 23rd May and it was only posted to the defendant (Shabbey) on the 31st May (8 days later!)

 

Then it said it is deemed as served on 3rd June giving them until the 18th June to reply (Acknowledge) which seems like an age!

 

So yet more waiting games roll on the 18th June!

 

So back to claim hibernation z z z z z z Z Z Z Z Z Z

 

Good luck to everyone at the moment keep at it! Remember the Hull strike outs are just to try and get bank to appear at a high court which we all know they wont so dont worry!

 

Leecabs

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250.

29/05/07 Receieved a letter from Shabbey stating they will not cave for another 4 weeks at least! LOL

05/06/07 Recieved a letter from Bow County Court saying that my claim is deemed served as of 3rd June, Abbey have until the 18th of June to respond/Acknowledge.

[feater]

just subscribing to thread as we are about the same timing wise!

[Leecabs]

Welcome to the gang Wonder if Abbey will acknowledge Monday they havent written to me or offered me anything not a sausage!

[ohoh4312]

Just wanted to say hi and good luck, and thanks for all your help and advice.

 

Wish I could return the compliment but feel a bit of a thicko on here :o - you all seem so knowledgeable!

 

Anyway best of luck - got everything crossed for you!

 

Jo xx

[Leecabs]

Welcome Jo,

 

I like to help if I can you learn new stuff as you go along here!

 

Anyway it beats working at the moment really bored closing down purchase orders at the moment and then a nice big stack of invoices to go through yawn!

 

x Lee x

[feater]

Hi Lee

 

Just thought I'd let you know that my defence got filed yesterday with a 65% offer.. Looks like they are sending them as standard with the defence documents.

[Leecabs]

Hi Feater,

 

exciting an offer get that refusal letter back to them pronto and maybe you should send that final offer letter to settle that gorge sent on this link to Inga at Abbey once you get a court date: http://www.consumeractiongroup.co.uk/forum/abbey-bank/90825-no-offer-yet-2.html

 

______________________________________________________________

 

Well I have recieved my Acknowledgement document, which is a bummer!

 

They acknowledged the claim very quickly the court heard from them on the 5th of June which is two days after the court served the claim.

 

Its very brief and just states: The defendant responded to the claim indicating and intention to defend all the claim.

 

So I imagine I will get the defence by the time there time limit expires on July 2nd. Getting nervous even though I know this is all standard procedure, nearly at the fun bit court :o

 

Im on holiday from July 5th to 10th so I hope that is not going to clash with any court dates. If I have not recieved anything by July 2nd I will speak to the court, hopefully they wont defend yeah and pigs might fly!

 

Best of luck to you all!

 

Leecabs:)

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250.

29/05/07 Receieved a letter from Shabbey stating they will not cave for another 4 weeks at least! LOL

05/06/07 Recieved a letter from Bow County Court saying that my claim is deemed served as of 3rd June, Abbey have until the 18th of June to respond/Acknowledge.

14/06/07 Received Acknowledgement letter from Bow County Court letting me know Abbey are to defend the claim. They now have until 02/07/07 to defend.

[feater]

You will most prob get the 65% offer with the defence like quite a few of us have. If I hadn't read the letter properly I wouldn't have even noticed it was there. U should be asked by the court of any dates you can't attend. Just imagine could be all over this time next month... Yipeeee.

[Leecabs]

Money money money must be funny in rich mans world oh ahhhhhhhh ah LOL

 

Roll on July 2nd! I want to get on this is so boring waiting around.

 

Im gonna start preparing bundle anyway just in case.

 

Cheers to one and all!

 

Leecabs:)

[feater]

Have you had an Allocation request already? I''ve not heard anything from the court as yet.

[Leecabs]

Nope not yet but just want to be prepared, hate rushing these things.

[Leecabs]

Hello All,

 

well abbey have sent a standard offer letter offering 65% of the claim 'With out Predjudice' which is £5112 to which im going to send back the below:

 

''With out Prejudice''

 

Re: County Court Claim Number XXXXXXXX

 

Response to settlement offer.

 

 

Dear Abbey National PLC

 

Thank you for your letter dated 20/06/07. I respectfully decline your offer of £5112.08 as settlement of my claim .

 

My claim is for £7614.74 as outlined in my Particulars of Claim, plus court costs of £250.00, and this claim will continue until payment is made in full.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim £7864.74 without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

Leecabs

 

 

Does that seem ok to everyone????

Any input will as usual be greatfully recieved. Its getting serious must admit im nervous, but they were so bad to me:(

 

Its been likel Piccadilly Circus in my mailbox yesterday, they also sent me a copy of the defence if there is a moderator out there who would just check its standard for me I would greatly appreiate it. Oh and do I send a copy to the court of the defence or do they send one?

 

Can I have some views on all this please, im going ahead with the claim although the 5K is tempting I want the 8k.

 

Thanks

 

Leecabs:shock:

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250.

29/05/07 Receieved a letter from Shabbey stating they will not cave for another 4 weeks at least! LOL

05/06/07 Recieved a letter from Bow County Court saying that my claim is deemed served as of 3rd June, Abbey have until the 18th of June to respond/Acknowledge.

14/06/07 Received Acknowledgement letter from Bow County Court letting me know Abbey are to defend the claim. They now have until 02/07/07 to defend.

21/06/07 Recieved offer of £5112.08 sending a rejection letter by Special Delivery on 22/06/07

21/06/07 Abbey have submitted their defence it wasnt due until 02/07/07 so least I should get some news from the court before I go on holiday.

[noobrider]

letter looks fine Lee, the 65% offer appears to be the standard now. Personally I think they would save more money by offering people 95%

[Leecabs]

Thanks Noobrider,

 

I know I would settle for 95%, its hard to turn down so much money 5K is alot of wonga!

 

But its the principle if they wanted 8K back from me do you think they would settle for 5K 'Our survey said X'

 

Cheers

 

Leecabs:)

[ohoh4312]

Hi Lee

 

Just adding my support - I think you are definately right to reject the offer and hang out for the lot, as tempting as 5K might be.

 

Can't help you on the legal stuff I'm afraid, but wishing you the best of luck, and can't wait to see ***WON*** on the end of your thread

 

Regards

 

Jo xx

[fendyweather]

Leecabs I had an offer today of £5100.00 by e mail because I had been e mailing Inga Kirkmans department. My total claim including interest at 8% after filing at court, charges, and court filing fee, at todays date came to £5993.. I wrote back refusing £5100 settlement and asking for £5500.00. There is a telephone conference for directions on 2nd July which I felt sure they didnt want to go through with. I was right. They e mailed me back pretty much instantly saying YES THEY WOULD SETTLE AT £5500.00. Cheque on its way to me next Monday.

 

So always worth negotiating me thinks if you can................ hold your nerve, be bold, and nothing to lose by asking. Fendy xxxx

[Leecabs]

Thanks for the continued support Fendy and Jo x

 

Fendy im just waiting to here from the court as to what they wish to do this week, hopefully they will skip the allocation questionaire bit as I submitted a letter requesting to stay on the small claims track. If I can get a court date im going to wait till ten days before and send a final demand letter to Inga Kirkman before court. Hopefully I can haggle but wont go lower than £7614. They can keep the costs, im not so greedy.

 

So back to a bit more waiting z z z Z Z Z

 

Leecabs

[ohoh4312]

Hi Leecabs

 

Thanks for your message on my thread - hopefully when you get your money you can have a break from all that hard work?

 

Looked at a couple of threads this morning where Inga agreed settlement in FULL, plus interest and Court costs.

 

So, stick to your guns and take 'em for the lot!!!!

 

I am waiting to hear from the Court the date the Claim was deemed served, then it will be more waiting, and more.......! Trouble is I am addicted to this site now and not focusing on anything else - what a saddo :o !

 

Chin up!

 

Jo xx

[Leecabs]

Hello Everyone,

 

wow things are moving quicker than I expected I have now recieved my allocation questionaire.

 

I have some questions that arent answered on the guides, can someone please help me:

 

1) In Section D it asks for the claim amount, do I change the amount to reflect the increase in interest accured since I entered by N1 claim?

Or do I just keep it the same as the

 

Under Section D Witnesses:

 

2) On the witness section do I just enter my name and adress?

Next to witness name it has written Witness to which facts, do I enter anything? Witness to all facts?

 

Track:

 

Shall I ask to continue on the small claim track as I did when I entered my N1 form even though my claim is £7900

 

Shall I just state the below?:

 

I would like to request that my claim against Abbey National PLC remain in the small claims court and be dealt with by Bow County Court only. I make this request as I do not feel I have the resources unlike Abbey National PLC to make a claim in a Higher Court. This will save time in the courts and not use any further court resources than are absolutely necessary in determining this matter.

In addition, I believe my case is identical in type and complexity to a very large number of other bank charge cases which are also being heard through the small claims track, and so this case should therefore be considered accordingly.

 

Or should I go for fast track? Getting confused reading guides but there is not much in the way of explanation can someone help me?

 

Finally should I include the below draft directions, as im not sure what Track I should be on Fast Track:

 

 

In the XXXXXX County Court

 

 

Claim number XXXXXX

 

 

 

 

 

 

 

Between

 

 

 

 

XXXXXXXX - Claimant

 

 

 

 

and

 

 

 

 

 

XXXXX - Defendant

 

 

 

 

 

 

 

Draft Order for Directions

 

 

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

 

Im really confused now can a moderator please help me?

 

Thanks

 

 

Leecabs :confused: :confused:

 

 

 

27/02/07 Sent Data Protection Letter

28/02/07 Data Protection Letter Receievd by Abbey National

14/03/07 1 Years Worth of Statements Recieved from Abbey National

22/03/07 Abbey National cashed my cheque for the Micro-fiche data

03/04/07 Sent Letter Before Action (Chasing Micro-fiche data)

04/04/07 Letter Before Action Recieved by Abbey National

10/04/07 40 Day Limit has now expired only 1 years of data sent.

18/04/07 Reported Abbey National to the Information Commissioners Office (Information Comissioners Office)

19/04/07 Recieved full list of Charges from Abbey and withdrew my complaint to the Information Commissioners Office

24/04/07 Prelim letter sent to Abbey with a list of my charges without 8% Interest. 14 Day Limit.

26/04/07 Abbey respond by telling it will take four weeks to investigate what ever!

08/05/07 LBA Has been sent special delivery to Abbey 14 Day Limit then N1 will be submitted.

23/05/07 Submitted by N1 Claim Form, List of Charges, Small Claims Court request Letter to Bow County Court and paid £250.

29/05/07 Receieved a letter from Shabbey stating they will not cave for another 4 weeks at least! LOL

05/06/07 Recieved a letter from Bow County Court saying that my claim is deemed served as of 3rd June, Abbey have until the 18th of June to respond/Acknowledge.

14/06/07 Received Acknowledgement letter from Bow County Court letting me know Abbey are to defend the claim. They now have until 02/07/07 to defend.

21/06/07 Recieved offer of £5112.08 sending a rejection letter by Special Delivery on 22/06/07

21/06/07 Abbey have submitted their defence it wasnt due until 02/07/07 so least I should get some news from the court before I go on holiday.

27/06/07 Allocation Questionaire receieved from court.

[Leecabs]

Bump please can someone help:

 

1) I have spoke to someone regarding the amount and they have said I should put all of the claim including costs and recent interest. Really want to get this sent out today as I will be on holiday from next Thursday :-|

[ohoh4312]

Hi Lee

 

I have been doing loads of reading/research re your post, but am struggling to come up with anything concrete.

 

From what I can ascertain, the claim amount is the total charges plus ALL interest, which I read to mean interest to the date of the AQ, but I agree it is not actually explained anywhere.

 

On the witness section, yes, you just put yourself as a witness to the facts.

 

As far as track is concerned I really don't know - I think the argument for staying on small claims speaks for itself, but I am really stuck on this.

 

Draft directions ?? These are the ones from the new strategy I think? So in my humble opinion yes go with it.

 

Oh I feel for you and am trying to help, but not very au fait with legalities.

 

Have you tried to PM anyone?

 

I really hope you get this sorted - will do some more research (beats doing the hoovering any day!) and if I get anything will be straight back.

 

Lotsa luv

 

Jo xx