Leecabs VS Abbey Nat

Leecabs · June 18, 2007

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

Leecabs · June 22, 2007

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.

Leecabs · June 22, 2007

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:)

Leecabs · June 25, 2007

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 :cool:

Leecabs · June 27, 2007

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: