French v. Abbey (3) - Into the breach once more my friends!

[srfrench]

And to compound it all, I received a letter this morning from shAbbey rejecting one of my earlier offers!

 

Dear Sir

28th June 2007

Without Prejudice

Thank you for your offer of settlement in the sum of £6968 plus £10.60 from the date of your offer until resolution.

Your offer makes no account for the transactions that have in fact occured on your account. There must be some charge for those transactions.

Should you wish to reconsider your position and put forward a more commercially palatable offer to Abbey National PLC, we will be more than happy to consider the same.

Firstly my thoughts.

 

"Without Prejudice" - this is in reply to my first offer that was made and was not marked "Without Prejudice" as I wanted to include it in my bundle. Therefore their letter does not afford the priviledge!

 

Secondly, their claim that my offer makes no account of the their right to charge me something for my admitted breaches. Of course and it has never been denied. But until they give me figures and / or disclose their true costs how can we attach a figure? After all it is their responsibility to do so and we are not forensic accountants!! So what I offered them (even though I in real terms only lowered my claim by £30-£40 gave a generous offer as to @ £1.20 per item as restitution.

 

That offer has since expired but during that offer phase I replaced it with a more "commercially palatable" one which dropped @£300 off my claim. That has also since expired and my final offer which is for the FULL amount now expires on Friday 13th July 2007. This figure for settlement minus all my costs (which will be applied/negotiated for as it is also part of my claim stands at £7107.35

 

So if they had only accepted my second offer before I put in my final offer upon it's 2 week expiry date, would have saved shAbbey @ £800-£900

 

COMMERCIALLY PALATABLE? F$£%wits!

[srfrench]

Ooo ooooo 9 more days to go till the end of my latest offer period!

 

Oh such joy....... the Banks must really enjoy giving away money!

[srfrench]

Further good news today courtesy of Hull County Courts and the CAG!

 

BBC NEWS | Business | Bank to face penalty fees D-Day

[Lula]

and you couldnt text me to tell me this?

 

LOL

[srfrench]

Bit difficult texting you the details.... and besides you were on holiday!

 

So there you go.... normal service now resumed eh Lula.....?

 

Actually you haven't missed much anyway!

[Lula]

Well, i arrived back at 6am, knackered and have only just remembered where i hid the lappy incase of burglars and am trying to catch up

[srfrench]

Wotcha trouble

 

So you didn't take your lappy on Hollies eh? Bet you wish you had now?

 

Anyway.... nothing here either, however on another case I have with HSBC VISA I now have a Case Management Hearing date of the 29th August 2007. (It's only for £200?!!!!) Costs from their unreasonable behaviour will eclipse this

 

I guess the Abbey one will be on the same day and I'll get the confirmation of that one this week 8)

 

Guess Inga's on strike!?

 

Have you got 4 white bits?

[Lula]

LOL no, just 2

[srfrench]

The whites of your eyes? :o

[Lula]

ROFLMAO!!!!

 

Mr French I do beleive that you are hijacking your own thread

[srfrench]

Well confirmation arrived this morning and I am shameless in admitting I had a brown trouser moment! (or it could be that I'm a little unwell at the moment )

 

Anyway shAbbey claim now officially transferred to Leeds Mercantile Courts, Case Management Hearing date set to 29th August 2007 and I received the CMI sheet as well.

 

A frantic search on this site for guidance and the bowels relaxed. I shall post my completed CMI sheet up here when completed but it doesn't have to be submitted till the very latest 7 days before hearing. (I think I will do it a little sooner as the costs issues could take it for an extra £500!)

 

WHY DO THE COURTS MAKE IT SO FRICKIN COMPLEX AND LABORIOUS? JEEESH! :twisted:

[Lula]

LOL, do they REALLY want to meet YOU in the Mercantile Court? Methinks not Penfold, money quite soon, dinner is on you

[srfrench]

$$£"* &^F$"(!) +="£^& *******!" buzzards!

 

I will gladly buy you dinner at a swish resturant if I good guarantee they'd settle before the beginning of August!

 

I promise..........

 

Ho hum...................back to the foul mouthed ranting at the wall and stunned little old ladies walking down my street! Quite what they have to do with this is beyond me but I feel better for it

[Lula]

nooooo not a swish restaurant, Fatty Arbuckles will do, and lots of cocktails

 

LOL @ foul mouthed ranting, welcome to my world, how is your cold?

[srfrench]

Frickin lousy!

 

But I'm a bloke so the symptoms and moaning is on a par with a life threatening situation with a dose of bubonic plague and Black Death thrown in for good measure!

[ICY]

Ooooh the dreaded manflu, fate worse than death that is lol

[srfrench]

Tell me about it........ dribbling copious amounts of ectoplasm and brains..... not good :-|

[Lula]

FFS Icy, dont encourage the malingerer

[ICY]

you wouldnt understand, being a mere woman you could never really feel just how awful manflu is lol

 

*ICY goes to hide under the table lol

[Lula]

LOL i thought you were a bird!!:o

[ICY]

why is everyone so determined to make me a girly lol :o

[Lula]

perhaps its the way you dress

[srfrench]

S'ok........ Lula's having a blonde moment.

 

Runs very quickly away......................................................

[Lula]

oh you are back then!

 

Anyway, funnily enough, my hair did go very much lighter in all that sun

[srfrench]

Well, decided on a more subtle (?) approach to my claim. So I sent this CPR 18 request

 

CLAIM NUMBER: ££££££££

In the LEEDS HIGH COURT, QUEENS BENCH DIVISION (MERCANTILE COURT)

 

Between:

 

PENFOLD

Claimant

 

-And-

 

 

ABBEY NATIONAL PLC

Defendant

_______________________

REQUEST FOR INFORMATION AND

CLARIFICATION UNDER CPR PART 18

___________________________

 

DATE OF SERVICE: 13th July 2007

 

This request for information under CPR part 18 is served after allocation to the Leeds Mercantile Courts from the Harrogate County Courts. (Claim number changed from $$$$$$$$).

I believe that the court would consider this request as appropriate in the context of clarifying matters to which your defence directly refers. In the event you ignore or do not comply fully with this request a formal application may be submitted to the court for an order under part 18.

 

1. Please provide copies of the terms and conditions governing the account in question and which are referred to in Paragraph 3, 4 and 5 of the defence. The terms and conditions required are those that formed the contract between the Claimant and Defendant covering the entire period from when contract was first entered into until the present day, including amendments or alterations where appropriate.

 

2. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence, please provide full details (with all relevant supporting documentation) of any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim.

 

3. If the Defendant employs or operates any system, either automated or manually operated or otherwise, which is used to assess, audit, track or refine the costs or "administrative expenses" of dealing with current accounts incidents - in particular any delinquency incidents, such as refusal or otherwise of direct debits, referral of cheques for any reason, refusing or permitting any formally agreed overdraft limit to be exceeded or any other delinquency event, such a systems existence is required to be confirmed and named and full details given.

 

4. In respect of the Defendants reference to the "administrative expenses" to which the charges are averred to be proportionate, as referred to in paragraph 9 of its defence, please provide full details (with all relevant supporting documentation) of the justifiably objective principles upon which all such costs or expenses are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

 

A full response to each and every point of this request should be served within 14 days, by 28th July 2007.