Parkes Vs Abbey***WON***

[Parkes]

Thanks Mariejader, I will contact them. Does anyone know if I can get any help on the day?

[mariejader]

Parkes don't worry about help on the day, Abbey will settle before, you may not get paid but you will have an offer, I would suggest that you don't canx the court hearing until the funds are cleared, Abbey will ask you to do this, once you have the offer then contact the court and let them know.

[charleyfarley]

t'other thread:)

[noobrider]

Worse case scenario is that you do turn up in court...Abbey wont and therefore it will be a cosy little chat between you and the judge and you win by default. Court is on your side and even more so when you represent yourself. If there is anything you don't understand just ask. It's not like you see on TV either, for cases like this it will probably be in a small office type room conducted across a desk. Chances are though they will settle on the phone with you today

[charleyfarley]

Parkes,

 

As people on here are saying the Abbey will settle pre-court but be very firm in your own mind about the figures and don't let them bully you down, because that's what they'll try to do.

 

100% or see you in court on Thursday:)

[Parkes]

Thanks Noobrider I will e mail them today and see if I get a responce

[noobrider]

I have just read your other thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/70473-parkes-abbey.html and this should have been over and done with ages ago. Abbey had to submitt their court bundle by 5th of March or something, therefore if they haven't you have already won. Abbey has failed to comply with a court order. Personally I would ring the court first and check to see if they ever submitted their documents. Then once you have an answer from the court phone Abbey and let them know they have breached a court order.

[noobrider]

I would strongly suggest and immediate and urgent phone call to the courts now. then a call not email to Abbey

[charleyfarley]

I have just read your other thread http://www.consumeractiongroup.co.uk/forum/abbey-bank/70473-parkes-abbey.html and this should have been over and done with ages ago. Abbey had to submitt their court bundle by 5th of March or something, therefore if they haven't you have already won. Abbey has failed to comply with a court order. Personally I would ring the court first and check to see if they ever submitted their documents. Then once you have an answer from the court phone Abbey and let them know they have breached a court order.

 

 

Well spotted,noob. Have to say I didn't read the other thread:)

[mariejader]

Well spotted,noob. Have to say I didn't read the other thread

 

This just shows the importance of keeping everything in one thread.

 

Let us know how you get on when you call the Court

[Parkes]

Have just had an e mail from Abbey and this is what they said...

In response to your email, I am writing to you in order to negotiate a settlement with regards to your legal claim against Abbey. After having verified your claim, I believe the total claim currently stands at £3811.80 (including all interest to date, all court fees and less the goodwill gesture received of £250.00 on 15 September 2006) . In both the interests of commerciality and the over-riding objective of the court process, Abbey would like to make you an out-of-court settlement offer of £3100.00.

This reduced amount reflects the fact that some charge should have been levied on each of the defaults made against your account and also that an out-of-court settlement will undoubtedly avoid any further time and/or costs expended in the pursuit of this legal claim.

Given the imminent court hearing, this offer will stand until the end of today, please let me know whether you wish to accept this offer and I will process payment. I look forward to receiving your response,

..................................................................................................

I have also called the court and they told me the bank has not submitted any evidence. I asked if this means I win by default and the person at the court told me "No" I still ahve to turn up for the hearing as normal.

What do you think gang?

[charleyfarley]

Not enough, tell them to go forth and multiply:)

 

 

If you accept less than 100% in your situation then you're throwing money away

[mariejader]

have to agree 100%

[noobrider]

Tell them you will see them in court and also have a wasted time action against them and apply for additional costs...printing postage etc etc

[Parkes]

Shall I just turn up then or call them?

[charleyfarley]

Tell them you will see them in court and also have a wasted time action against them and apply for additional costs...printing postage etc etc

 

 

Which will amount to another £500 or so

[Lula]

Try this email :

 

Dear Ms Kirkham

 

Whilst i am prepared to accept that Abbey have a right to charge liquidated damages for a breach, until such time that they are prepared to state what they are, then I regret I am unable to accept anything less that 100% of my claim, plus interest to date plus court costs plus , as a litigant in person £9.25 for each of the x (insert how many hours it took you to compile your court bundle) equalling £XXXXXX.

 

Did they file a court bundle? if they didnt then add this.

 

I am well aware that you have breached a court order that ordered the compiling of a court bundle, i know that you have received mine, so unless we can settle this amicably out of court, I look forward to seeing you in Luton on XXXX

 

 

Change and amend to suit yourself

[mariejader]

Try and get them to pay the printing cost and preperation costs now

[Lula]

Marie, I think i put that in my sample email LOL

[Lula]

thanks marie LOL

 

I get all stroppy when it comes to other peoples claims, but at this point, she can really afford to hold out for EVERYTHING, she may still have to go to court, just to tell them that Abbey have agreed to pay X amount and can she have a months stay to receive cleared funds and perhaps an order informing them to pay up

[Parkes]

have e mailed this to them

 

Dear Louise, thank you for response.

I have contacted the court and they have confirmed you have not submitted any evidence (Court bundle).

I therefore feel you are being unreasonable as you are fully aware of the court deadlines and need for evidence etc and I will win by default.

I will settle for 100% and nothing less and will increase costs I incur, if I need to waste a day off work, and will inform the court of your delaying tactics which surmount to wasting public court time.

I look forward to hearing from you later today with a full settlement offer.

[Lula]

thats good parkes, how long did it take you to compile the court bundle and printing and ink costs? you should claim for these aswell you are entitled to

[Parkes]

I did include costs of my time etc in the court bundle. Thanks for the advise everyone, I will let you know what they say.

[Lula]

I expect nothing less that they have agreed and are posting a cheque or paying it into your account LOL

[AppleCrumble]

Parkes, they seem to have let this go on so long by some error or else they think they can beat you down by ignoring you!

 

YOU ARE IN A VERY STRONG POSITION NOW. If they haven't submitted any evidence, they are really very very silly and you will walk it!

 

Good luck - stay strong - but you won't need luck!

I wish I lived near Luton to come and see you slaughter them on Thrusday (although of course they will settle before)