Leecabs VS Abbey Nat

[feater]

Bumped for you.

 

It's moving quick now isn't it. Sorry can't help with your queries as my allocation questionaire has been dispensed with. Just waiting to hear from my local CC now regarding next directions.

[ohoh4312]

Bumpity Bump!!

 

Any news Lee? Really trying, but really struggling :o .

 

Please someone give Lee a hand!!!

[Leecabs]

Thanks Jo and Feater for bumping me, feeling a bit calmer.

 

I have figured out Most of it im sticking to my small track request and have put in the supporting text. I will put my name down as a witness to the facts but it asks witness to which facts do I need to list or just put all or just my name under that???

 

Im going to use them directions they look sound and may help stop the judge asking for a directions hearing.

 

Now my BIG problem is the amount:

 

can you please help me getting confused on the amount I should put on the AQ questionaire. On the guide its said your claim amount and all interest is that up until I submitted my N1 claim form or up to the date I recieved the AQ questionaire?

 

On the same subject it said not to inculde costs does that mean not to include my court cost. I have been told by a friend I include it should I?

 

Any help you could give would be gratefully recieved.

 

Thanks for all your continuing support.

 

Leecabs:confused:

[ohoh4312]

Hi Lee

 

I have been reading the notes for the AQ on the Ministry of Justice CPR site, and there are no guidelines on the total claim amount, or interest thereon .

 

However, regarding costs it says "only complete this section if you are a solicitor and have suggested the claim is suitable for allocation to the fast or multi-track." Don't know if that helps or makes it worse to be honest!

 

Witness - your name and address, then To which Facts - all.

 

Hope this helps a bit - still working on it.

 

Jo xx

[Leecabs]

Thanks Jo will do that on the witness front.

 

The amount seems to be very weak on explanation im thinking of just putting my charges + interest up to the point my N1 form was entered. If you are not supposed to put the costs in section G then I dont think you put them in the amount of claim in dispute.

 

I have PM'd Fendyweather and Gary H hopefully they can help me.

 

Cheers

 

Leecabs

[ohoh4312]

I just hijacked french's thread - oops - in the hope that he could clarify the costs and interest thing.

 

He (I assume its a he :o ) is on round 3, so must know - I hope!!

 

Get back to you ASAP, but hopefully fendy and gary will have stepped in by then.

 

Jo xx

[ohoh4312]

Hi Lee

 

Got a response from french already!!

 

It is the value of your charges plus interest to date, and the SAR fee if you paid one, but not the N1 or AQ fee.

 

Does that help? I sincerely hope so.

 

Best regards

 

Jo xx

[Leecabs]

Gonna take a look on some threads see if that helps this driving me round the bend what amount on the AQ? Think I will be dreaming about this tonight LOL

 

Leecabs (Still need help on the amount please)

[Leecabs]

Thanks Jo wonderful love you x x x x x x x x xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[ohoh4312]

Hey, no problem - I was very happy to help (and I learned loads in the process!!)

 

At least now you might sleep easier tonight?

 

Lotsa luv

 

Jo xx

[Leecabs]

Ok its been posted they should get that tomorrow morning, thanks to Feater Jo and French for your help

 

:) Leecabs:)

[Leecabs]

Hi All,

 

well Abbey have returned their allocation questionaire and they are asking for a stay on it

 

The court should now notify me I think of the stay? Is that right?

 

I phoned the court and they said it will be a month from the 11th July for the judge to decide what he/she wants to do! That seems like a stay to me if he gives them a stay on top of that month I will go mental!!!!

 

Really not happy just getting fed up with all the delays!

 

Any views welcome! Depressed at the moment was hoping for some quicker action by the court.

 

So its back to waiting z z z ZZZZZZZZZ:mad:

[ohoh4312]

Hi Lee

 

What a bummer! Not what you wanted to come back to at all

 

As far as I know you should be officially notified of the stay, or any decisions pertaining to the Claim.

 

Maybe you will get a stupid settlement offer now - a real ****take, but it will open the negotiations!

 

You really need to see what they have put as the reason for the stay request, and you are not going to get that now till next week probably, what with the postal strike tomorrow.

 

Really sorry for you but can't offer anything positive at the moment.

 

Chin up if you can

 

Lotsa luv

 

Jo xx

[Leecabs]

Thanks Jo they did make an offer but I dont want to send them a final demand offer until I get a court date, I will settle for 7500 of the 8000 so I wonder should I make them a without predijuce offer of £7700??

Least I can try and its something to do in the mean time!

 

x Lee x:)

[jules1973]

Lee

 

dont bother emailing inga, she is off until 23rd July. I think £7700 is a good offer to make, if you mark it though WOP you cannot show the judge that you tried to settle prior to the court date.

[Leecabs]

Hi Jules thanks for the advice should I just post an offer to the usual address instead?

[give it back you s o b]

Hi Lee,

I didn't realise i only started my claim 10 days before you andthey wont be looking at my claim till sepember!!!

In the same fed up mood.

 

Did you try emailing clare like I said my thread, let us know how you do

Good luck.

[ohoh4312]

Hi Lee

 

Saw your post on another thread, is this what you need:

 

[email protected]

 

Good Luck - got everything crossed for you!!

 

Lotsa luv

 

Jo xx

[ohoh4312]

Oooo don't know why its got that funny gap in com??

[Leecabs]

Thanks Jo and GIBYSOB

 

I have been quite busy this morning gonna try and write a draft offer to this afternoon and will post it on here this afternoon to see what everyone thinks.

 

Not sure if I should send it to Claire as so far Abbey have not put any solictor details on the Defence or Allocation questionaire? Should they have???

 

I think I will post the offer to Abbey all official like!

 

Leecabs:D

[ohoh4312]

Hi again Lee

 

Is there not the name of a paralegal on the bottom of the defence? Like W. Basson or V. Roux for example?

 

Jo xx

[jules1973]

lee

 

If claire is not dealing with your case she may pass it onto the person who is. its worth a shot.

[Sue Loftus]

Hi Lee

 

Its interesting to see how you are getting on at Bow CC. My case is list there too as you know. I filed my allocation questionnaire there at the beginning of June and have had a date for my hearing returned to me for 24 September. I've had no offer from the Abbey at all which makes me quite mad but I'm also worried they are going to go the course with mine! I did ask for a hearing to have their claim struck out funny enough but I don't know whether the Court have sent this on to them. Should I have been notified? Grrrr getting frustrated now!

 

Good luck drafting your letter.

Sue x

[Leecabs]

Hi Jo, Jules and Sue,

 

thanks for the surport as ever!

 

Jo none of my correspondence has any solicitors names on there strange or not?

 

Jules think I will send a copy to her by e-mail and post a copy to Abbey HQ as well a two pronged approach!

 

Hi Sue long time no speak glad you have a date are you going to send off a bundle to the court I hear that gets Abbey to take you seriously! Then you can send them a final demand letter 10 days before the hearing see post #25 on this link its a good template may help speed things up and makes you look good for trying to settle http://www.consumeractiongroup.co.uk/forum/abbey-bank/90825-no-offer-yet-2.html

 

Thanks everyone im out of my down state and ready to get back at them!

 

x Leecabs x:D

[Leecabs]

Excited ok I have played about with the final demand letter and added my own hint of sarcasim e.g. The in your wisdom line LOL!

Claim number ****** – **** County Court

Acc No **********

 

I am writing this email as a offer of settlement before the case is allocated in Bow County Court.

 

I am aware of the large amount of claims which you are currently dealing with and to assist your workload I believe it would help all concerned to settle this matter out of court.

 

It is well documented that you have no intention of ever going to full hearing, shown by the fact that you have settled an extremely large number of claims at the last minute before going to court. It would be beneficial to all parties, including the court system that this matter is dealt with out of court.

 

My claim amount as of today (13/07/07) stands at £8,034.10 including court fees and interest, I am prepared to settle this matter for the sum of £7,700.00

 

It should be noted that Abbey National PLC are still incurring £1.36 a day in intereston the claim. If the claim is not be heard until 09/09/07 as suggested in your draft directions to the court the total claim amount will rise to £8112.98, this amount does not include any further costs.

This settlement offer is valid for a period of 14 days, after this period the offer will expire. If in your wisdom you wish to settle this claim before any further court action, please deposit the amount in my Abbey National Bank Account or send a cheque made payable to Leecabs at my above address.

 

I am hoping we can come to an amicable agreement on this matter.

 

I look forward to receiving your prompt response.

 

Yours sincerely

 

Ok what do you think is it to much or just right?

 

Feeling happier doing something!

 

Leecabs:D