Red's Wife vs Abbey

[redstef]

Hi,

I am pursuing barclays, but my wife has a gripe to the tune of £807 plus interest of £137 with Abbey. We have found this out via her full 6 years worth of statements and have sent the LBA. This has crossed in the post with an offer of £235. The letter does not state that it is full and final just...... "I'm sorry that you are unhappy with the charges & I understand that would like these refunded. Although the charges are correct, as a goodwill gesture, I am happy to cancel £235. Your account will be updated within the next 10 days". Do we now send (http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html#post531029)

to Abbey or ignore it and carry on regardless?

 

Red

[sparkydawg]

Hey

You should write to them accepting as part payment but inform them that you will be pursuing the rest. Take this off your latest charges and ammend your claim to suit.

[redstef]

Finally got round to writing the rebuttal....

 

I am in receipt of your letter dated 20th March 29, 2007, outlining that you can not agree to refund all of my charges. However as a gesture of goodwill you will happily refund £235.

For this I am grateful but I must advise you that I am unable to accept the £235 as a final offer and would be continuing with my claim to reclaim the charges to my account over the last 6 years. I will therefore deduct the refund of £300 from my claim form.

 

In my letter of the 19th March 2007 I outlined my current claim is of £807.50 plus £137.48, which you have charged me in overdraft interest. This total is £944.98, however if you repay me the remaining £709.98 before 2nd April 2007, a full 14 days from my last letter, I will therefore not require to file a claim through the official channels of Her Majesty’s Court Service.

 

I look forward to hearing from you, and in a manner which I hope will resolve this issue without the need to escalate further,

 

 

Look OK?

[Mad Nick]

Hi, some suggestions :

1st para. delete "happily" or were you being ironic !! Also, check your statement - usually, the refunds total a different amount to the GOGW in their letter. Change the numbers in para 3 if they did that to you too.

2nd para. delete "For this I am grateful, " What you really mean is "I'm surprised that you're offering anything if you're so sure of your legal position," [although I'm not suggesting you actually write that LOL]

suggest you don't say "unable to accept". Either say "I reject" or "I accept in partial settlement".

suggest you add ".... unless you disclose information, previously requested, which will counter my assertion that your default charges are disproportionate to your actual costs relating to my breaches." They won't, but it will look better downstream (esp Court Bundle).

HTH. Regards, Mad Nick

[redstef]

Cheers Mad Nick,

Thanks for that, especially like the "..disclose.." bit. Changes made and in the post tomorrow,

 

Red

[redstef]

We have finally got around to filing with MCOL, and have just recieved the Issue Notice, which states that Abbey will be deemed as served on 30th May. I was just wondering what people thought about the Abbey and their procedures for dealing with claims. I achieved my result with Barclays, but some of the threads on Abbey seem to have a "different" feel about them. Just seems a little more intent on the Law. Only thinking out loud

[redstef]

We have just received our Notice of Transfer of Proceedings, and thankfully, the AQ has been dispensed with. I previously sent (http://www.consumeractiongroup.co.uk/forum/show-post/post-765132.html) for my Barclays claim, and I was wondering if people advise the same treatment for Abbey?

[redstef]

We have just received notice of our Court appearance on the 20th August! It seems as though Winchester are really gunning for the Banks and speeding them through. What do people think now, should I call the Banks Solicitors ( we still don't know formally who is dealing with the claim at Abbey ) and see if they want my Court Bundle? Just wondering if that is a tactic people have used to speed settlement.

[redstef]

Does anyone know the contact details for Abbey's Solicitors? Thinking of giving them a ring...

[Lula]

Firstly, did you check that they actually deposited the money into your account? When they file the defence, the phone number should be on there

[redstef]

Hiya Lula, My wife has just assumed that they have paid the full amount, but she is just checking. The defense lists the Triton Square address and my named paralegal is Juan Sedano. Is that the usual contact info?

Stef

[redstef]

They did pay the full amount £60+ 5x£35=235

[redstef]

Just preparing my Court Bundle and was wondering why the Abbey bundle is sooo much bigger that the Basic Bundle. Does anyone know the reason why? I'm currently up tp 128 pages without T&Cs, correspondence and statements!

[redstef]

Do you need to include all of the Terms and Conditions that span your claim?

[ICY]

In a word no, just one set from when the account was opened, although they arent really crucial with abbey

[redstef]

Can't locate the T&Cs for 1998 . I have followed Gary H's suggestion for the Court Bundle and some of the Witness statement refers to the T&Cs. Will it matter if I don't include the Witness Statement or the T&Cs ?

[GaryH]

Include a set from any year which your account has been open. Ideally 2002 or 2004 as thats the ones referenced in the witness statement.

 

Icy's right that T&C's aren't crucial with Abbey - becouse they admit a breach anyway. Having said that, if your bringing any claim to court based in contract then you as the claimant should provide the contractual document you rely on.

[redstef]

We submitted the bundle within limits, but as we have been on holiday, we missed the day that Abbey should have furnished us with their Bundle. On our return all we had was a lovely letter from Abbey stating that they are requesting a Stay ( we are at Winchester) but we haven't heard a dickie bird from the Court. We a due in Court on the 20th August, so if the Court doesn't agree to the Stay can we apply to the Court to make a decision on Abbey's failure to comply? Is there any letters etc that people know of?

Regards, Stef

[Lula]

send this letter of recorded tomorrow and copy to the court, both recorded, you could also email it for quickness also and just make a mention of the fact that you will be sending a hard copy

Dear Sir/Madam,

 

[You] –v- Abbey Plc

Claim No: ********

 

I write in relation to the claim as detailed above, and specifically the order made by District Judge ******* dated [date].

 

You were ordered by the court to by [date] file and serve the documents upon which your client intends to rely at the forthcoming hearing. For your reference, a copy of the order to which I refer is enclosed with this letter.

 

To date I have received no such documents and accordingly you are now in breach of the aforementioned court order.

 

Please note that the evidence upon which I intend to rely was both filed and served pursuant to the order of the court on [date].

 

Your non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which is contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that you are specialist solicitors representing a powerful financial institution, whereas I am a litigant in person. I feel that your litigation should be conducted in a professional manner befitting of such a prestigious organisation.

 

In view of the above, I will request at the hearing that the District Judge gives consideration to whether your client's defence should be struck out pursuant to CPR 3.4(2)© and/or (b).

 

Please reply at your earliest conveniance explaining why you have not served the documents as ordered and stating by when I can expect to receive them, or alternatively, indicating that you wish to settle these matters without the need for a hearing.

 

I look forward to your prompt response.

 

Yours faithfully

[redstef]

Just spoke to the Winchester County Court and lo and behold a letter has arrived today requesting a stay. The court representative stated that they have recieved hundreds of these letters and the Judge has been granting the stay pending Judicial review on the Test case. .

We should get official clarification by close of play today.

[Lula]

you can appeal

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

[redstef]

Thanks Lula. I appretiate that, but will it cost me £35? The Court said that they have recieved hundreds of letters from the banks requesting Stays. Has anyone been successful recently arguing the case?

Stef