kev v abbey

[kev2b3]

so with a bit of luck she may have read my email. now this is getting exciting, how the hell am i going to sleep in work tonight.

[ICY]

sleep @ work

[jules1973]

Kev

 

I read this on martin's website, (hope we havent made a boo boo by not marking our letter `without prejudice`)

 

"If you want a speedy settlement, one tactic is to offer the bank the option of settling for a lower amount if it pays out now. How much lower depends on you, but 25% less is a good rough guidance. There’s no need to do this, it’s your choice, though if you choose to the letter below is drafted to help. Do note the phrase ‘without prejudice’ I’ve used, it’s crucial. It means that the offer isn’t binding or admissible in any further legal process."

 

Can someone advise as to whether we should of put WOP, as I dont want to find out I have messed up this close to issue my N1 this Friday.

 

We didnt put WOP as we wanted to add it to our court bundle to show the judge we tried to settle with abbey to save the courts wasting their time. By not putting WOP have we damaged our claim?

[kev2b3]

i think, although i am not 100 % sure, the only way they can use that letter against us is --if we get to court and we added on the 8% interest i would think that they would point out the amount that we were willing to settle for.

 

does that make sense.

[jules1973]

Does that then mean that the only amount we can now get is the amount we have both quoted to them in our letters?

 

I have PM'd Louis WA just to clarify things, (unless someone is able to answer this and post it on this thread)

 

I am on major panic mode now. Luckily I offered them to settle for £200.00 less than my charges so I would be happy if they agreed to pay me that as it is stil quote a lot I would get back.

 

Also can they only hold the letter against us if they were to respond to it? God I am so confused now.

[kev2b3]

jules remember we sent these letters before we handed in the N1 form to the courts , the idea was to offer abbey a chance to settle before court cost occured.As soon as i hand over by N1 it becomes a new game, court costs,court bundle costs and as soon as it gets to court the 8% interest.i feel everything will be alright. Why dont we try and get one of the heavy weights like Gary H or Louis to take a look at the letter.

[jules1973]

Good idea,

 

The bit I had read about `binding` worried me a little, Probably just me having a blonde moment,. I'll wait to see what either Gary H, Lula or Louis say, then maybe I will stop being dizzy.

[kev2b3]

have you pm Gary H, Lula or Louis, what if we start a thread asking for their help. honestly i am sure its going to be alright.

[jules1973]

Kev,

 

Lula has kindly informed me that it is a good thing that we have not marked it WOP as it means we can show the court that we have made an attempt at a settlement prior to court and it will bode well when they eventually settle and we can claim costs for Litigant in Person.

[kev2b3]

jules

excellent, now that problem is out of the way are we going to send another email to mrs kirkman 14 days after the N1 as been handed in.

[jules1973]

Hi Kev

Yep too right I am. I am going to become a thorn in their side.

Did you read the article on the BBC at the weekend about the MCOL and county courts become inundated with claims, they are having to buy new computers to cope with it all.

A Judge reckons "There has been nothing like it in the history of civil litigation" and described the present situation as "Bizarre".

Apparantly some judges around the country are awarding judgement to a claimant even before a hearing is arranged if they think the banks will not turn up. (Shame all of the judges cannot do that, as no bank is going to turn up).

Judge Gerlis has called for a change in the law so that the judical authorities could have a mechanism to drag the matter into a senior court to establish whether or not the banks' overdraft charges are illegal or not.

1) We and the law know they are illegal

2) The banks will not like that to happen as they wont want to disclose their true costs.

Only 4 days till hubby takes N1 to court, tick tock abbey.

[kev2b3]

Its nice to see the fighting talk back again Jules. I did nt read the article but i think the courts should charge the banks for the new computers.I wonder if this will make the banks try and settle things quicker now.

[jules1973]

Must of had an off day - (will stick to this website in future)

 

I dont think it will make them move any quicker, they would save themselves so much time, stress and money if they did. I am not that bothered about the interest (its a bonus), I just want back whats rightfully mine.

[kev2b3]

am i right to say that you dont need to add your account no. on the N1 form just onto the list of charges you attach to it.

[jules1973]

Kev

On the POC on line one there is a space where you put your account number i.e

1. The Claimant has an account (Put account number) ("the Account") with the Defendant which was opened in or around xxxxxx.

 

[kev2b3]

cheers jules

[kev2b3]

HI ALL

i just started working on my court bundle and i was wondering if it was worth adding all the BBC news items about bank charges to it.

[cilin11]

hi can you tell me where you got the old T&Cs for abbey?

[kev2b3]

hi there cilin11 try this out,Internet Archive Wayback Machine any problems let me know

[jules1973]

kev

 

I am going to be putting in the BBC website stuff.

[kev2b3]

ok jules in that case i shall.

did you get anything back from the complaints emails ?

[kev2b3]

HI ALL

slightly confused, anyone out there who can help.

am i right in say that if abbey wants to settle before a court date they dont need to pay the 8% interest, the only time you can make them pay the 8 % interest is after court.

cheers

[Trish76]

If you've already filed your claim through the courts then any settlement from now on must include the 8% interest, the bank had their chance to settle your claim without this at both the Preliminary Letter stage and the LBA stage.

[kev2b3]

hi there Trish76

many thanks for the quick reply

[jules1973]

ok jules in that case i shall.

did you get anything back from the complaints emails ?

 

 

Hi Kev

 

Nope but have got my notice of issue back from the court this morning, along with a GOGW from Shabbbey (posted full letter on my thread)

 

Julie