ME v ABBEY Help Please

[SusanB]

Hi Everyone

 

I decided to make claim against Abbey back in January using the templates from here to help me. I have now received and General Form of Judgment of Order from the court after submitting my Allocation Questionaire and I would be grateful of some help and advice, it states the following:

 

ON 15th March 2007

 

District Judge xxxxxx considered the papers in the case and ordered that:

 

1) The Claim is allocated to the Small Claims Track.

 

2) The action is stayed until 19 April 2007 during which period the Parties shall try to settle the matter and narrow the issues. The Parties shall negotiate expeditiously, openly and purposefully without pre-conditions, to include if necessary at least one face to fact meeting at an agreed time and location, to be attended by persons on behalf of both Parties who are fully authorised to negotiate and agree a final settlement.

 

3) By 4pm on 3rd May 2007 the Parties shall file at Court an agreed report in writing of the outcome of negotiations including all steps taken by both Parties towards achieving a settlement (without disclosing any matters which subject to 'without prejudice' terms); an explanation of what has been agreed, what remains in dispute, and the reason for failure to reach settlement; (if no agreement has been reached)

 

4) Failure to comply constructively and fully with this Order or to engage properly in negotiations may be penalised in costs or by sanctions, which may include striking out a Party's statement of case.

 

5) Because this Order has been made by the Court without considering representations from the Parties, the Parties have the right to apply to have the Order set aside, varied or stayed. A party wishing to make an application must sent or deliver the application to the Court (together with any appropriate fee) to arrive within seven days of service of this Order.

 

:-?

[charleyfarley]

"expeditiously,openly and purposefully"

 

But............. it's a Bank, Your Honour!!

 

Great Order, and the courts are using lots more stays to make the banks pay up.

 

There's lots of info on the site about stays,so I'll root out some threads for you to read. My advice would be to make sure you don't let them bully you into accepting a lower figure than you are happy with because they will come up to meet you.

[araynick]

I had a similar notice to this. I wrote back to the Court requesting that the stay be lifted ( and it has been - court day now for April) on the grounds that I did not believe the Abbey would enter into any reasonable negotiations and that I would like the case to move on in order that the case be settled as soon as possible. Add anything else you think applicable as to why the stay be lifted. Hope this helps.

[SusanB]

Not sure whether to request the stay to be lifted or to send yet another letter to Abbey to attempt a settlement.

[SusanB]

After alot of reading through the Abbey forum I have compiled the following letter with the help of Tinkabella's thread:

 

Dear Mr Arrandale

 

You will be aware that on the 15th March 2007, Judge xxxxxxxx of xxxxx County Court has ordered a stay for settlement in the above claim until 19th April 2007. In accordance with the Judge’s request I again make an attempt to bring this matter to a close although in my opinion I have given you ample time to settle this claim.

 

The amount outstanding as at 9th April 2007 is £2948.77, which is comprised of the following:

 

£2061.50 - Total amount of charges

£ 667.27 - 8% Interest as per s.69 of the County Court Act

£ 120.00 - Court Fee

£ 100.00 - Allocation Questionnaire Fee

£2948.77

 

 

However, to bring this matter to a close I will be prepared to accept an offer of £2850.00, which I believe is a fair attempt at a settlement as interest is accruing daily on the claim.

 

I look forward to hearing from you before the Judge's deadline of 19th April 2007.

 

Yours faithfully

 

 

Can anyone tell me if this letter looks ok please? or any further advice.

 

Many thanks

[livelylad]

It looks ok apart from one major flaw, you are not claiming your full amount. There is no reason to let these people off with your money. I strongly advise you to reclaim the full amount.

[SusanB]

Thanks Livelylad.

 

I just thought it would show the Judge that I am willing to look for a compromise.

[Mad Nick]

Hi, there have been a couple of people in this position (Tinkerbella was one) who did what you are proposing and got the result they were happy with. It depends entirely on your circumstances and how confident you feel about potentially going into Court. If you've drafted the letter, you've clearly weighed it all up. I vote yes. But think through what you'll do when Abbey say no (which they will). Have a read of the end of Tinkerbella's thread. Regards, Mad Nick

[SusanB]

Thank you Mad Nick.

 

I will have a good read of Tinkerbella's thread. I have already emailed the letter to James Arrandale requesting a receipt, and will also send letter by recorded delivery. Will just have to wait now!!

[livelylad]

Hi, there have been a couple of people in this position (Tinkerbella was one) who did what you are proposing and got the result they were happy with. It depends entirely on your circumstances and how confident you feel about potentially going into Court. If you've drafted the letter, you've clearly weighed it all up. I vote yes. But think through what you'll do when Abbey say no (which they will). Have a read of the end of Tinkerbella's thread. Regards, Mad Nick

 

Agreed each persons circumstances differ. I always advise reclaiming the full amount for the simple reasons that its your money and they would demand the full should the role be reversed.