final letter sent to ABBEY

[livelylad]

Claim number: 7QZ53399

Issued:

Court:

Charges: £

Interest: £

Costs: £

Total Claim: £

 

like this then send it in a Pm to me.

[julesvern]

Hi all first, thank you livelylad i will do as you say, but, mum has today received a letter from abbey with details of there defence, not from the court,basicly says mum should not have gone overdrawn on her overdraft naughty, that they explained this in a leaflet,they dont owe her any money,that she has gone over her limit on a number of occasions, naughty, is this what everybody gets, I beleive now we wait for the AQ?

[julesvern]

Hoping someone will help with previous post,

[Michael Browne]

Yes, the defence will be standard guff.

 

I believe now we wait for the AQ?

Yes, although some courts are dispensing with the AQ. The court will notify you.

[katesage]

Hi jules

 

basically ignore the letter from abbey, presumably that is a belated response to your LBA?

 

just await their defence now, read up on Allocation Questionnaires (if you get one that is)

 

good luck

[julesvern]

Thanks kate, I have received defence from abbey from them someone called Vivian Roux paralegal, dont no wheather to wait for AQ or post my court bundle on tuesday, its almost ready, what does without prejudice imply, thanks for your help.

[katesage]

Thanks kate, I have received defence from abbey from them someone called Vivian Roux paralegal, dont no wheather to wait for AQ or post my court bundle on tuesday, its almost ready, what does without prejudice imply, thanks for your help.

 

dont do court bundle until court request it.

 

when you receive AQ, (if you do) read this to prepare

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[katesage]

Without Prejudice is a phrase used to enable parties to negotiate settlement of a claim without any admission of liability.

letters headed 'without prejudice' cannot be adduced as evidence in any court action without the consent of both parties.

[julesvern]

Thanks kate, will do that, and wait to here from court.

[julesvern]

Hi, received from abbey copy of defence they have sent to court with ''WITHOUT PREJUDICE'' across the top of covering letter, that was posted on 1 may. still havent heard anything from court, is this the usual procedure of should i ring court on monday to find out whats happening:confused:

[julesvern]

Can Anyone Answer The Above Post, If I Dont Here Something Soon From The Court About Aq, Think I Will Have To Ring Them, Its Been Almost 2 Weeks Since They Sent There Copy Of Defence, They Have Filed.

[julesvern]

received hearing date for september, i have most of the court bundle done, but apparently cannot put a copy of their defence in that they sent me because it has WITHOUT PREJUDICE ACROSS THE TOP OF PAGE.IS this right

[noobrider]

thats correct although it is what they have sent to the court so...

[AppleCrumble]

hi Jules Vern, could you help me with some info?

Abbey lodged a defence from Vivian Roux, paralegal to my case, the same as yours, but I've received nothing from Abbey national at all, I got a copy of the defence from asking the court. I have my course date soon (8 Aug) so ned to get my bundle off to them

 

Have you got the contact address/department etc that Vivian Rouz is in so that I can reply to her? thank you every much.

 

all the best with your case.

[julesvern]

Hi applecrumble, been abit busy of late, but thought you people would like to know, my court date for mums bank charges was on the 4 sept but have had letter from abbey, settled in full so WE WON:-D only thing is they are asking for settlement letter, any ideas? if applecrumble still needs info, please post.

[Michael Browne]

Date

Dear Whoever

Ref: Your Offer of Settlement

 

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX.

I accept your offer as full and final settlement only for this claim of bank charges made on my account between xx/xx/xx and xx/xx/xx(dates of first and last charge) However I will only accept an unconditional offer and will therefore not be signing your acceptance agreement

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim and will send a Notice of Discontinuance to the Court upon receipt of unconditional full settlement of my claim

 

I am also not prepared to agree to any confidentiality clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

 

and then when you have received cleared funds send this to the court:

Notice of Discontinuance

Directions non-compliance letters