JOY vs ABBEY

[Rooster-UK]

IMHO there is no valid legal argument to support claiming C.I.

It can be done if you are sufficiently well versed in the law and are confident that you can stand up in court and argue the issues, possibly against a barrister.

If i end up in court ..... please could someone help with the legal arguement information i need to justify CI if i find myself in that position?

Your post indicates to me that you are not confident and would be unable to effectively argue the case.

I advise that if they have paid up including 8% interest, you would be best served to accept and withdraw your court claim.

If you still decide to continue, I wish you good luck because I think you'll need it.

I would be very happy for you if you proved me wrong, but.....

 

Regards, Rooster.

[2gr82btrue]

IMHO there is no valid legal argument to support claiming C.I.

It can be done if you are sufficiently well versed in the law and are confident that you can stand up in court and argue the issues, possibly against a barrister.

Your post indicates to me that you are not confident and would be unable to effectively argue the case.

I advise that if they have paid up including 8% interest, you would be best served to accept and withdraw your court claim.

If you still decide to continue, I wish you good luck because I think you'll need it.

I would be very happy for you if you proved me wrong, but.....

 

Regards, Rooster.

 

 

So theres no argument over the £175?

[2gr82btrue]

just got back in from the court aftewr a notice seeking application. the barrister representing the abbey soon made herself known to me by introduncing herself. In the room with the judge she was very pushy and tried to steer the 10 min hearing on the CI in the hope of her gain. however as the judge had streams and streams of documents from both sides it was impossible to look at the case in dept in depth in that timescale despite her insistance. So we have a pending court case which If i lose i will have to pay the abbey's cost and vice versa (even though I have no costs). i fought my corner and argued that i didn't believe the case should be based alone on the CI but on the fact that we have not settled and that's how it was left. She soon exited the room in a semi huff. Any advice?

[2gr82btrue]

the abbey have not settled in full yet as i am still owed monies...... hence court

[2gr82btrue]

Will the Abbey attend court knowing they will have to justify their costs etc.......

[2gr82btrue]

Can anyone advise me. Abbey have not settled as they still owe more some monies and have made an agreement they have not kept. The judge allocated 2 hours for a trial after the abbey pushed for a decision against me in the hope of getting it thrown out of court based on CI. My main issue was to clarify that the settlement has not been paid in full and that was my main objective. Now the costs could go either way..... I never pushed for the CI that was the abbey. A couple of days prior to the court date i contacted them but they refused to settle what i believe i am owed. So thats the reason it went to court in the first place.

[Armsoft]

Can anyone advise me. Abbey have not settled as they still owe more some monies and have made an agreement they have not kept. The judge allocated 2 hours for a trial after the abbey pushed for a decision against me in the hope of getting it thrown out of court based on CI. My main issue was to clarify that the settlement has not been paid in full and that was my main objective. Now the costs could go either way..... I never pushed for the CI that was the abbey. A couple of days prior to the court date i contacted them but they refused to settle what i believe i am owed. So thats the reason it went to court in the first place.

 

I would refer you back to my post #60

 

By settling the charges issue with you, the Abbey have seperated the court case in two -

 

1. Charges - Paid to you in full

 

2. Interest (CI) - Being disputed by Abbey

 

In theory, the Abbey will not have to explain their charges structure in court, and I believe you would find it nigh on imposible to put together a legal argument requiring them to do so.

I would totally concur with Rooster, you would need to be fully conversant in Law to be able to argue this case any further forward.

 

If I were you, I would contact the Abbey and try and settle on the 8%, thus enableing them to avoid any further court appearences (Cost), and possibly saving yourself from ending up losing what you have already gained (and possibly more) if you have the costs awared against you.

 

Proberbly not what you wanted to hear, but I can only advise on what I would do myself.

[2gr82btrue]

I would refer you back to my post #60

 

By settling the charges issue with you, the Abbey have seperated the court case in two -

 

1. Charges - Paid to you in full

 

2. Interest (CI) - Being disputed by Abbey

 

In theory, the Abbey will not have to explain their charges structure in court, and I believe you would find it nigh on imposible to put together a legal argument requiring them to do so.

I would totally concur with Rooster, you would need to be fully conversant in Law to be able to argue this case any further forward.

 

If I were you, I would contact the Abbey and try and settle on the 8%, thus enableing them to avoid any further court appearences (Cost), and possibly saving yourself from ending up losing what you have already gained (and possibly more) if you have the costs awared against you.

 

Proberbly not what you wanted to hear, but I can only advise on what I would do myself.

 

 

They still owe me money even based on the 8%. Why should I take less. the whole idea of court is that it is settled or NOT in my opinion it's NOT.

[2gr82btrue]

I spoke to the abbey 2 days prior to the court date. they promised to send a letter stating the previous letters were nul & void (including the original charges), the charges had INCREASED. Plus £35 is still owing. Plus they have decreased the bundle/admin fee. The abbey did not want to settle..... so why do i not have a point. I'd appreciate it if you could explain further.

[2gr82btrue]

I have informed the court manager of my complaint. Including the letters send to me by the Abbey who has at the last minute amended the schedule of evidence, supposedly in my favour. But i never got the extra amount. nor the £35 owing to date. Am I not entitled to the SAR fee and the daily interest? In my letters I asked for standard disclosure. If the abbey had paid in full all would have all been done and dusted.

[2gr82btrue]

That should read "schedule of charges" and not evidence

[2gr82btrue]

I would refer you back to my post #60

 

By settling the charges issue with you, the Abbey have seperated the court case in two -

 

1. Charges - Paid to you in full

 

2. Interest (CI) - Being disputed by Abbey

 

In theory, the Abbey will not have to explain their charges structure in court, and I believe you would find it nigh on imposible to put together a legal argument requiring them to do so.

I would totally concur with Rooster, you would need to be fully conversant in Law to be able to argue this case any further forward.

 

If I were you, I would contact the Abbey and try and settle on the 8%, thus enableing them to avoid any further court appearences (Cost), and possibly saving yourself from ending up losing what you have already gained (and possibly more) if you have the costs awared against you.

 

Proberbly not what you wanted to hear, but I can only advise on what I would do myself.

 

QUOTE

Hello,

If the amount paid into your account is = to or greater than the amount claimed including 8% s.69 interest, then it could be argued by the Abbey to seperate the interest issue from the charges issue, thus not requireing them to disclose the basis and structure of their fees, as they have settled the charges issue with you out of court.

 

2GR82BTRUE

the amount is not equal to the amiount paid as there is still an outstanding amount of which has been promised in the form of a refund. This refund has not been issued to me to date. The charges increased as the abbey at the last minute did a schedule of charges, which should have benefitted me as a couple of the charges were reversed and therefore not counted but i was refunded £175. So the charges should have increased, but they took it off the already agreed bundle/admin fees and refused to honour their agreement. This is in black and white and should therefore be binding as there was a breakdown of the settlement. Is this normal practice?.

[Armsoft]

QUOTE

Hello,

If the amount paid into your account is = to or greater than the amount claimed including 8% s.69 interest, then it could be argued by the Abbey to seperate the interest issue from the charges issue, thus not requireing them to disclose the basis and structure of their fees, as they have settled the charges issue with you out of court.

 

2GR82BTRUE

the amount is not equal to the amiount paid as there is still an outstanding amount of which has been promised in the form of a refund. This refund has not been issued to me to date. The charges increased as the abbey at the last minute did a schedule of charges, which should have benefitted me as a couple of the charges were reversed and therefore not counted but i was refunded £175. So the charges should have increased, but they took it off the already agreed bundle/admin fees and refused to honour their agreement. This is in black and white and should therefore be binding as there was a breakdown of the settlement. Is this normal practice?.

 

Ok,

Based on your POC, what is your claim amount for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

What has Abbey paid you so far against your claim for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

What do you think is still owed to you for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

Thanks

[2gr82btrue]

Ok,

Based on your POC, what is your claim amount for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

What has Abbey paid you so far against your claim for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

What do you think is still owed to you for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

Thanks

 

 

The Abbey did a schedule of charges as we could not agree on the dates/figures. A couple of the charges were reversed so therefore - £70.

They added £175 in charges and this altered the amount of charges in total compared to what the so called original agreement was for.

So then the Abbey decided to remove £100.58 from an already agred bundle/admin cost leaving me with a deficit. Also I am owed £35 for a charge they promised to refund after i brought it to their attention.

 

They refused to return the £100.58, owe me £35 in charges. they promised to return the SAR fee and never have. Also in my opinion since the original settlement was then therefore null and void (their words) and the schedule was altered they should take into account that the charges is not settled until they have paid in full. Of which to date they haven't.

 

I would have settled with the £100.58, my £35, £10 SAR fee and the daily figure of final settlement. the abbey chose not to settle 2 days prior to the court allocation.

[2gr82btrue]

Abbey have paid less than on the POC due to reversals and refunds. But as you are aware on my POC I also asked for contractual. But this would not have been an issue had the Abbey paid in full on the 8%. So abbey chose not to pay in full. So i should be able to in court bring this issue up and ask for standard disclosure as indicated in my POC and bundle of which they & the court have.

[2gr82btrue]

I asked the Abbey to provide a transcript of this conversation but they have not sent it yet. I will write to them and request that they do so. If not i will provide this information to the courts. but then again they do not wish to provide that information for the courts informing them of their refusal to settle either do they?

[2gr82btrue]

On the day at court the solicitor acting for abbey provided me with a transcript of the conversation in which abbey settled (I refused the settlement) of which they stated verbally would be therefore null & void in our conversation 2 days prior to the courts. This was due to the amount changing in a spreadsheet provided by the Abbey (in my favour as increase of £100.58). But then they took that off the bundle......

[Armsoft]

The Abbey did a schedule of charges as we could not agree on the dates/figures. A couple of the charges were reversed so therefore - £70.

They added £175 in charges and this altered the amount of charges in total compared to what the so called original agreement was for.

So then the Abbey decided to remove £100.58 from an already agred bundle/admin cost leaving me with a deficit. Also I am owed £35 for a charge they promised to refund after i brought it to their attention.

 

They refused to return the £100.58, owe me £35 in charges. they promised to return the S.A.R - (Subject Access Request) fee and never have. Also in my opinion since the original settlement was then therefore null and void (their words) and the schedule was altered they should take into account that the charges is not settled until they have paid in full. Of which to date they haven't.

 

I would have settled with the £100.58, my £35, £10 SAR fee and the daily figure of final settlement. the abbey chose not to settle 2 days prior to the court allocation.

 

As you are taking the court action, have you done your own schedule of charges? instead of relying on the Abbey one.

 

If you put together your own schedule, based on your statemented charges, you should be in a better position to see where you are with this, as in all honesty, I`m rather confused with the figures that you are quoting.

 

You should have your own schedule, which you will have submitted with your POC, this should have on it ALL the charges that you are reclaiming (under the terms that they are a penalty, and not a true reflection of the banks costs) plus the interest accrued to date @8% (or at CI rate).

Your POC should also show what other costs you are claiming (court bundle etc).

 

You need to get this straight, because in court, if you have not, the Abbey will tie you in knots, and the two hours will go very quickley.

 

Take a deep breath, get your schedule sorted, and just come back to me with JUST the figures -

 

Based on your POC, what is your claim amount for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

What has Abbey paid you so far against your claim for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

What do you think is still owed to you for -

 

* Charges

* Interest

* Other Amount (and what this covers)

 

Good Luck

[2gr82btrue]

Im going to sort a detailed folder out 2 prevent getting muddled. I will get back to you shortly with some figures

[2gr82btrue]

Making a diary of all corespondance with the abbey too which includes many letters/faxes that were not responded to. As soon as this is all entered in my case summary as many things have happened so it needs updating. I will come back on the site and ask 4 further advice.

 

Just out of interest has any one been succesful with CI from the abbey?