Taking on Abbey **WON**

[pumpkin07]

I should add that at no time have I had an offer of any sort from Abbey, should I try to negotiate, and if so, who do I email?

[pumpkin07]

Hello, any advice please

[england66]

If you want to settle early why not send an email off to them. Don't make it look as if you do not want to go to court though. In the eyes of the judge, if it goes that far, I am sure all your negotiations would look good on file, stating that you gave Abbey plenty of time to negotiate, and that you was trying to save the over burdened court system time. Hey, you may even get lucky and they cough up, don't hold your breath tho'. Saying that, there have been numerous successes here, with pre-court negotiations.

 

From what I have read here, they seem to "cough up" with settlements close to the initial claim of the charges but without the interest, seems closer to the court day the better your chances.

 

Good Luck, patience and determination is the key.

[pumpkin07]

Thank you for that, I have read a lot about people emailing this Inga woman, should I send it to her?

[pumpkin07]

Hi, what do I need to do now. I got letter from the court stating the following:

 

IT IS ORDERED THAT

 

1. The Claimant do have permission to file and serve an amended Claim Form in the form annexed to her application dated 12th June 2007.

 

2. The case be listed for an Allocation Hearing on 23rd July 2007 at 3.30pm with a time estimate of 10 minutes.

 

3. If either party fails to attend their statement of case may be struck out and judgement given against them.

 

Dated 22nd June 2007

 

My claim is for over £9000.00.

[Robdblynd]

OK, no problems.

 

1. Your amended POC has been accepted.

 

2. You have to go to court on 23rd July in case you have to speak to the judge. He's going to decide which track to allocate your case to. It's too big for small claims so he may send you to fast track (which has automatic disclosure) or multi-track which has the same. He may even decide to send it to Mercantile (High Court) and they'll settle so fast your head will spin.

 

3. You HAVE to go to court or he'll strike your case.

 

I'd get together the little bundle of stuff that GaryH recommends then you've got everything you need if the judge asks you a question.

 

Good luck.

[pumpkin07]

Rob, in the "Got a court date" section, the Witness Statement is for claims below 5000. Where can I find one for over that amount?

 

And Thanks

[pumpkin07]

bump

[Robdblynd]

As far as I'm aware the witness statement is just that, a witness statement. I don't think it matters that your claim is over £5k

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

Try here, post 4 should do it.

[pumpkin07]

The little bundle that i have to put together, do I have to send a copy to the court and to the bank?

[pumpkin07]

I may need some help here, This is the email that I sent to Inga

 

Dear Inga

12th July 07

Ref: Claim No 7QZ61972

My claim has recently been moved to Medway County Court and as you know there is an allocation hearing set for the 23rd July 2007.

Since my claim was moved, I applied to amend my claim, which the court allowed and a copy of which I have posted to Abbey.

I am very disappointed that Abbey have failed to settle this claim. My claim is for £7366.00, plus £1392.65 in interest, plus £250.00 court costs and a daily rate of interest which is currently to todays date £130.56. This is a total of £9139.21.

The courts are well aware that Abbey have failed to take a single case to court. There have been some cases where the judge has considered striking out the defense on the grounds of an abuse of process.

Continuing this would be a waste of our time and your money. I would be willing to accept an offer of £9000.00 to bring this matter to an end.

Should you want to continue with the claim then further costs would be incurred, including the daily accruing interest. Should you then insist on it being taken to the point where a court bundle would be required, then I would be charging £9.25 per hour for preparation, plus the cost for ink, paper, photocopying and postage.

I look forward to you making me an offer of £9000.00 to bring this matter to an end.

Yours sincerley

 

 

And this is the reply

 

Dear Madam,

Thank you for your email. We must first correct your understanding. Abbey National has appeared in many bank charges cases before the Court. Abbey however chooses to protect its customers' privacy and does not draw media attention to such appearances.

With respect, we do not believe that a £139.21 reduction in the value of your claim represents a genuine intention by you to resolve this matter without recourse to a fully contested court hearing. There is very little commercial incentive to our client to resolve your claim.

Should you wish to reconsider your position and put forward a more commercially palatable offer to our client, we will be more than happy to take instructions in relation to the same.

Kind regards,

Inga Kirkman

Senior Associate

Solicitor, NSW

 

How should I reply, especially to the part where she says that they have appeared in court?

[ICY]

tell her to £%%$ off (pop off of course:p ) if 9000 is the least you will accept tell her you will see them in court, they will payout eventually

[lorn250]

good luck, I hope everying turns out well

 

Lorn

[pumpkin07]

Thanks guys, I am still trying to find out a couple of things. In the "Got a court date" section, it shows what you need to bring to the hearing. Do I still need to bring it even though it does not state on the letter from the court? And also if I do have to bring those papers, do I have to send copies to the court and the bank????????

[pumpkin07]

Anybody????

[Robdblynd]

I'd take it with you, then if they judge asks something you're prepared.

 

I'd be surprised if Abbey turn up, they're more likely to settle in the next few days as it's "not commercial" for them to spend the money sending legal reps up for an allocation hearing and then have to do it again for an actual trial hearing.

 

Don't be surprised if they offer to settle within the next 7 days, but stick out for the full amount, you will get it, including the interest and court costs ...... I did.

[pumpkin07]

Should I send a copies to the bank and the courts. I am asking this because it says nothing about send copies to to bank and the court, but I called the courts and they said that I have to send copies of anything that i wish to rely on. Is this necessary as it is only a 10 min hearing? Oh this is confusing!

[Robdblynd]

I'd be tempted to ring the courts again and ask to speak to the court manager. Tell them what your order says (read it out to them) and ask if you DO need to file and serve stuff. I've not heard of that at an allocation hearing, but was the AQ dispensed with?

 

It doesn't say it in the order and usually if you have to send things they'll tell you so.

 

I'd still have that mini-bundle handy though, just in case. And it'd take it with me if I was you, even if you don't have to file it.

[pumpkin07]

Yes the AQ was dispensed with. I will get it ready and just bring it with me. Thanks

[pumpkin07]

I emailed Inga back and got an out of office reply so forwarded it to Ronan. Did not hear anything so I used a letter that Icy used in post #167, adjusted it to suit and sent it today. So just waiting to see what happens. Icy, I hope you dont mind!

[Lula]

Hi Pumpkin, go for it, you have nothing to loose bystanding your ground, as an aside on todays hearing in Southend, email Ronan and Inga and claire with further copies of your schedule of charges and post a hard copy recorded deli very and take a screen dump and ring them to confirm receipt, sounds like overkill I know, but they denied IN ALL CASES receiving copies of the schedule of charges.

[ICY]

I emailed Inga back and got an out of office reply so forwarded it to Ronan. Did not hear anything so I used a letter that Icy used in post #167, adjusted it to suit and sent it today. So just waiting to see what happens. Icy, I hope you dont mind!

Of course i dont mind, if it helps then use anything you need

[Lula]

She is a very accommodating girl, this Icy

 

 

Coat being fetched LOL

[ICY]

[Lula]

Roflmao