Pjgodman 'v' Abbey

[pjgodman]

Guys,

 

I received a copy of the Abbey's Defence through the post Saturday 10th denying that it owes me any money and that the tariff of charges were sent to me on more than one occasion.

 

They also state that, and get this, 'The fees charged reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract'.!!!

 

They also dispute that I am entitled to interest.

 

They say as well that I never supplied proof of where I got these totals from, which I did twice.

 

Included with this defence is an offer of 50% of the fees which is offered as full and final payment. (Which beggers belief!!!)

 

What should I do, or have any of you had this before?...

 

Thanks for any help in advance

 

PG

[Michael Browne]

1 of these should suit:

Rejecting Offers

[pjgodman]

Thanks Michael,

 

I have used one of those before and accepted a partial payment and let them know I would be pressing on with my claim.

 

The defence has come from their Solicitor, and the offer direct from the bank!!!!.

 

I will sending a 'thanks' but 'no thanks' letter back.

 

What should I expect from the "Allocation Questionaire"? which is coming shortly, and how far does that put me away from my day in court?

 

PG

[Mad Nick]

pjgodman,

They also state that, and get this, 'The fees charged reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract'.!!!

So let them prove it !!

The defence has come from their Solicitor.

That's a new one. Since last September when they stopped using a legal firm and started doing things in-house, things seem to be signed by James Arrandale who isn't a solicitor - he's a "legal officer", and not a very good one IMO - eg he stated to me that "Abbey is not obliged to disclose the basis of their charges" (tell that to the Judge) and that "Directions are not required in the Small Claims Court" (tosh) !

 

You can keep the AQ simple, or you can add in reference to, say, the Lincoln abuse of process case and the fact that Abbey always settle prior to Court (listing the claim numbers), and/or attach some draft Directions for the Judge to consider issuing to both parties (which he'll do anyway, even if you don't suggest any). Whatever you do, Abbey will then wait for your Court bundle and then settle. They only seem to kick up about "complications" like claims >6yrs, interest other than 8% statutory and removal of defaults. What interest are you claiming ? Regards, Mad Nick

[pjgodman]

Mick,

 

It is James Arrandale, thanks for bringing that to my attention....

 

I am claiming statatory interest at 8%, for which I originally used a calculation sheet from The 'Money Savings Expert' site. So I entered the charge date, and it worked out the interest.

 

Since then, they have given me £670 by way of a Good Will Gesture, which I took off the claim before filling in the form N1, and re-calculated the interest accordingly.

 

I hope this was the right thing to do?!?!

 

PG

[Mad Nick]

pjgodman, sounds good. All you need now is the patience of Job and to not let them deduct the GOGW again ! Regards, Mad Nick.

[pjgodman]

My earlier letters to them were for the higher amount, and the claim for that amount -£670 so hopefully Im covered?!?!

 

PG