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    • ok thank you.   please don't take the questions i am asking as a bit naff and p'haps could be viewed as pointless , but i am simply gathering what information might be needed when obviously more the knowledgeable members appear in the morning. more of an info gathering stage at present.   you indicate mediation, so my last question is how far 'in' are you regarding the court claim she has made, at what stage and have you appointed a solicitor yet as you indicate a worry about costs...i hope not as there might not be a need too,   you would gander your costs against the claimant, but is this a small claims county court claim? , in the family section or whatever its called?
    • Yes I am the executor and the estate has been settled.     She has made a statement with a solicitor and wants mediation.   But there is no basis for a claim as we have evidence that she wasn’t cohabiting, was living with another man as his ‘carer’ and was not dependent yet her solicitor still supports her claim against 1975 act.     Seems unfair, will we be allowed to claim our costs back for example?    we feel we are being dragged through litigation without any basis for it. 
    • sorry for your loss..it can be a difficult time this might be a wee bit outside of advice that can be effectively given on a forum.   what type of legal claim has been raised please? where in the probate etc process are things currently or has the estate of your late father already been settled ? i was guess you are an executor of the estate too? 
    • A girlfriend, she claims to be a dependent and to have been living with him. Both false claims. She has large properties in Thailand and london which she put in her sons name after my fathers death.      
    • hi you'll have to slightly expand on what is behind your query..   who's estate? who is this person in relation to the person who owns the estate and why do they think they have a claim?   dx  
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Hi,

 

I'm a bit concerned I may have made a major mistake claiming back charges from Abbey.

 

Originally I had sent the template letters from moneysavingexpert.com and followed advice on there - i.e. I sent my first letter to Abbey and Smile.co.uk asking for interest. This was fine with Smile, as I'd put in a 'without compromise' offer so they settled after one letter only.

 

However, as they Abbey have really annoyed me over the years and caused untold damage to my credit record for years to come (my own fault I know!) I wasn't interested in anything less than every penny plus interest in recompense since they've been stealing from me for years! When it became clear Abbey weren't going to pay and I had to do moneyclaim, the advice on moneysavingexpert.com ran out, hence my turning to this site.

 

I've filed my Allocation Questionnaire, but my main concern is whether my original letters claiming interest will have done any damage to my case. Also, how long does it tend to take from filing the AQ to getting a court date?

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Hi and welcome to the biggest and the best LOL

 

It shouldnt affect your claim at all, as long as you have filled out the MCOL or N1 correctly I wouldnt worry about it, Abbey usually ignore these letters anyway

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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thanks lula - my claim is only for £213 + court costs of £30. i can't believe they're being so difficult. surely the time of the little man in their legal team has cost more than this so far???

 

i filled in mcol as per moneysavingexpert advice and did the aq as per faq's on this site. abbey did write to me stating that i should have filed info on how i calculated my charges at mcol stage, but there was no option to do this. i've already posted this info to abbey god knows how many times, but sent it to them again anyway.

 

one other thing - let's say for example abbey settle out of court and refund all charges plus interest. would the interest they owe me be what i put on mcol, or interest to the date they agree to refund?

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Well the interest would be what you put on your mcol. your settlement figure is the total claimed plus the interest claimed multiplied by 0.00022 plus your court fees and any AQ fees, usually the daily rate isn't that much and isn't worth worrying about if they will settle on the mcol total plus court fees you should be ok

 

Hope this helps

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 3 weeks later...

The closing date for return of Allocation Questionnaires has now passed, and the Abbey have kindly sent me a copy of their allocation questionnaire (was I supposed to send them a copy of mine?) - they're asking for 1 month to resolve this outside court. I ticked 'No' for this question on my form - what will the court do?

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Hi, the Judge will do whatever he/she wants to - but I don't think they'll look adversely on your claim just because Abbey ticked yes and you ticked no. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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thanks. just wondered if they'd delay for a further month before setting a date. how long does it normally take to get a court date?

 

also abbey sent me a 'draft order for directions' stating the case will be allocated to the small claims track, and not be heard before 15th june, and that within 28 days i have to send them schedule and copies of statements etc. i thought the court would set dates like this and request info?

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The closing date for return of Allocation Questionnaires has now passed, and the Abbey have kindly sent me a copy of their allocation questionnaire (was I supposed to send them a copy of mine?) - they're asking for 1 month to resolve this outside court. I ticked 'No' for this question on my form - what will the court do?

 

You should really send a copy of your AQ out of courtesy to Abbey. The court are quite likely to grant a stay. There is a letter that can be sent to court to prevent the stay from being ordered - but I cannot presently find it.

 

I have a similar problem with Lloyds, however Lloyds did not copy me in with the AQ, therefore I was not aware of the stay until after it had granted.

 

Return of my AQ was 15 January 2007 and I have still have no court date.

 

I wrote this letter (see posts 62 and 73), you should consider writing something along these lines:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47207-guido-t-lloyds-tsb-4.html?highlight=one+month+stay

If I have been helpful please click on my star and add a comment.

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thanks. i haven't heard anything from the court regarding a stay. will they inform me if they're going to allow abbey a further month to resolve this out of court?

 

also what is this 'draft order for directions' all about?

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Hi,

also abbey sent me a 'draft order for directions' stating the case will be allocated to the small claims track, and not be heard before 15th june, and that within 28 days i have to send them schedule and copies of statements etc. i thought the court would set dates like this and request info?
You are completely correct - Abbey is just proposing some draft directions to the Judge (and copied you in). You just have to wait for the Court to send you your Notice Of Allocation which sets the court date and the Judge's directions on what to send to whom by when. Could be a few weeks wait - depends on how busy yor Court is. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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  • 4 weeks later...

Recieved a letter from Abbey on 2nd May stating that they wish to settle in full before going to court, 'In view of the quantum of my claim..."!

 

Recieved cheque today for the staggering amount of £246.16. Why did they ever let it get this far???

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Congratulations to you

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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