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    • They have defended the claim by saying that the job was of unsatisfactory standard and they had to call another carpenter to remedy. My husband has text messages about them losing the keys a second time and also an email. What do they hope to achieve??? Most importantly,  as far as I have seen online, now I need to wait for paperwork from the court, correct?
    • The Notice to Hirer does not comply with the protection of Freedoms Act 2012 Schedule  4 . This is before I ask if Europarks have sent you a copy of the PCN they sent to Arval along with a copy of the hire agreement et. if they haven't done that either you are totally in the clear and have nothing to worry about and nothing to pay. The PCN they have sent you is supposed to be paid by you according to the Act within 21 days. The chucklebuts have stated 28 days which is the time that motorists have to pay. Such a basic and simple thing . The Act came out in 2012 and still they cannot get it right which is very good news for you. Sadly there is no point in telling them- they won't accept it because they lose their chance to make any money out of you. they are hoping that by writing to you demanding money plus sending in their  unregulated debt collectors and sixth rate solicitors that you might be so frightened as to pay them money so that you can sleep at night. Don't be surprised if some of their letters are done in coloured crayons-that's the sort of  level of people you will be dealing with. Makes great bedding for the rabbits though. Euro tend not to be that litigious but while you can safely ignore the debt collectors just keep an eye out for a possible Letter of Claim. They are pretty rare but musn't be ignored. Let us know so that you can send a suitably snotty letter to them showing that you are not afraid of them and are happy to go to Court as you like winning.  
    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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French v. Abbey (3) - Into the breach once more my friends!


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Seeing no reason not to contact Inga after a nice settlement on my last claim I decided to email her with the following:

 

Dear Ms Kirkman / Mr Basson,

 

 

Ref : Claim reference XXXXXXXX - Noddy Town County Court

 

I am respectfully requesting, in conjunction with the attached letter sent recently and attached to this email, that we can negotiate a settlement of this claim, to avoid any additional costs to both parties.

 

 

My claim currently stands at £6994.60. I have already filed my AQ as have yourselves.

 

 

I am prepared to accept £6968 in full and final settlement. This figure is a gesture of goodwill and would forgo any additional interest or costs. A condition of this offer would be that the funds are available to me in the form of a cheque by 22nd June 2007.

 

 

I would like you to note that I intend to request full costs in court and that would include all letters charged at £6.75 for printing & reproduction and an hourly rate of £9.25 for preparation time, plus all postal charges.

 

 

This has the potential to save Abbey additional expense and would be looked on by the courts as a favourable negotiation on both sides.

 

 

I believe this offer to be a meaningful and realistic attempt at a settlement and would like you to duly note as such. Should you choose to ignore this, this email will form part of the evidence submitted to the court.

 

 

Yours sincerely

Well..... here's hoping she answers it? ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Tick Tock........ I wonder if Pingu Kirkman has read it yet? :cool:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Nah!

 

It'll just clutter my Inbox. I wonder where Pingu goes for the weekend?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well i had a really wierd dream last night that she was at the Eden Project lol

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Now.... you're just getting obsessed with her now! All because you want to bury her up to her neck in sand and let the sun and gulls do their worst and all because she read your email but didn't reply.

 

Mental note to all........... Avoid Lula as she is getting psychopathic LOL :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ooooops! :D

 

She's still a psycho though lol :p;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Well received something in the post this morning that wasn't at all surprising! :p

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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No true! Received absolutely nothing :D :-|

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Got a reply back from Inga this afternoon:

 

Without prejudice"

 

Dear Sir

Thank you for your email. With respect, we do not believe that a £26.60 reduction in the quantum of your claim represents a genuine desire to resolve this matter without recourse to the Courts. Whilst it is not our desire to litigate with our customers, some charge must be applied for the transitions that have occurred on your account.

Should you wish to reconsider your position and put forward a more commercially palatable offer representative of the transactions that did in fact occur on your account, we will be more than happy to consider the same.

Kind regards,

I however actually think £26.60 is a rather genorous offer of the costs incurred due to my contractual breaches as they are made up entirely from going over my limit and not unpaid DD's due to insufficient funds. £0.29 a time (max)I think as it's all handled by computer and the bulk of the cost is the letter and postage and that's being generous LOL

So now to draft another reply to Inga.................;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Transitions you mean PMSL

 

I totally missed that typo of Pingu's and for the life of me whilst cross-referencing my statements to see if any funds have been transitioned into something else can't find any! :p

 

Maybe I should hold out for the full whack now LOL :rolleyes:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Ok have just kicked off my reply to Inga as a final attempt at resolution:

 

Dear Ms Kirkman

Thank you very much for replying to my email, it was most appreciated.

I was interested to note the contents of your reply and I am willing to drop my offer of settlement to £6850 as full and final settlement of this claim. I am aware of my duty to mitigate my losses and conclude that this should be a more “commercially palatable" offer to Abbey.

As a condition of your acceptance, I will require a cheque for the full amount is with me no later than the 24th June 2007 after this time I will conclude that this offer is unacceptable and will continue my claim with the court, which will include interest to date of settlement, court costs and a wasted costs order.

I would be happy to pay the actual cost per breach, if Abbey would reveal them, and such time that you do, I will be requiring repayment as set out above.

Yours sincerely

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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representative of the transactions that did in fact occur on your account,

 

no it sounds like she is saying that some of the transactions did not occur, I think i would be asking her what she meant by this

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well it's to frikin late now you pyschopathic trouble causer! ;):D

 

And they did occur! I think lol

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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