jellybabe v Cahoot

[jellybabe]

just not sure of what to write best and without prejudice or not?any advice please?

[jellybabe]

i tried, but i am not too clever with words. How does this look like?

Dear Mrs Kirkham,

i'm writing to you regarding the above claim nr.xxxxxxxxx jellybabe v Abbey National Plc (Cahoot).

 

After having received no further communication from you, I like to inform you that i have now sent the Judgement

by Default to the Courts attention. I am sure it is in both party's interest to bring this matter to an end as quickly as

possible.

If you would like to discuss this matter with me, i welcome you to email me by return.

 

Yours sincerely,

[jellybabe]

Ok, i just sent the above email to inga kirkham now.Let's see if i get a reply.

[jellybabe]

message read, just received the read receipt.

[jellybabe]

ok, just rung court, as i wasn't sure what will happen next.They told me that Cahoot put their AQ in at the last minute.It will all go to the judge now.And there was me hoping that it would be over soon.DRAT!

[jkop]

bad news - still the sooner you get a court date the sooner it's all over. Mine has been allocated a prelim hearing... just waiting for the date. my other main claim was put in the same time and hearing isn't untl 5th april!

[jellybabe]

5th April??!!OMG!I hope they settle for you earlier than that.

It's a pain up the backside!I still can't understand why they drag it out like that.They very well know that they will pay out.

Anyway....i wish you good luck for an early settlement, and i'm glad you pop in every now and then to give me advice.It's good to know not to be alone.

[livelylad]

5th April??!!OMG!I hope they settle for you earlier than that.

It's a pain up the backside!I still can't understand why they drag it out like that.They very well know that they will pay out.

Anyway....i wish you good luck for an early settlement, and i'm glad you pop in every now and then to give me advice.It's good to know not to be alone.

 

 

As much of a pain as it is waiting, just means they are going to have to pay you more money in interest.

[jellybabe]

yeah, that is true:D

[jkop]

no probs - My court is very busy at the moment... they were going to strike over 0.5% pay rise. They were offered 3.5% and they wanted 4%! in the end the didn't strike but refused any overtime - so now they have a backlog

 

Wish I got a pay rise each year at all!!

 

only 2 months i suppose - I've got my smaller credit card claims to keep me busy, they are going along a lot quicker!

 

Good luck, hope your court date isn't too far away.

 

5th April??!!OMG!I hope they settle for you earlier than that.

It's a pain up the backside!I still can't understand why they drag it out like that.They very well know that they will pay out.

Anyway....i wish you good luck for an early settlement, and i'm glad you pop in every now and then to give me advice.It's good to know not to be alone.

[jellybabe]

Another good thing in my case is that i might be able to negotiate with the settlement after all. There has been another £140 in charges since i put my claim in. And i might just ask them to include those with the settlement, and see what they say.

Another question:

Is it still ok to send letters to them marked as "without prejudice" or should i send them without it. Does anyone know? As i heard split opinions about it.

[jellybabe]

i contacted Inga Kirkham by email, and this is the reply i got today:

Dear jellybabe,

 

Thank you for your letter.

 

Due to the extreme volume of cases being dealt with at Abbey National Plc I am undable to prioritise your in front of those older claims on foot unless there is some commerical advantage to Abbey National Plc to do so.

 

A settlement in full at this stage does not offer Abbey any commercial advantage that is different from any other request from another claimant who would have commenced a claim before you i.e. ongoing interest/ court costs etc. Please appreciate all claimants take this view.

 

The conduct of all claims is being strictly monitored in accordance with the Civil Procedure Rules and dead lines imposed by the Court. This is a necessity in view of the number of claims we are dealing with. It is simply a timing/ volume issue.

 

If you would like to reconsider your position and put a settlement offer to me, that gives me a commercial reason to extract and verify your claim ahead of normal time schedules, I am more than willing to do so.

 

Kind regards,

 

Inga Kirkman

Any advice on what i could answer to that??

[jellybabe]

anyone?

[missm]

naw, shes basically asking you to put in a lower offer than what you are claiming for and she will see what she can do.

my other half settled with cahoot for only 75% of his claim, however the whole process only took about 3weeks!! they seem to act fast if you lower your claim. ie; cost them less in the long run.

[jellybabe]

Thats what i thought she was saying. I will deff not settle for anything less than the 100%. If they really wnated to save costs, then why don't they settle straight away??

I guess i will have to play the waiting game, but would have been nice if i could answer something to make them realise, not to toy with me.

Thanks for your reply missm, much appreciated.

[jellybabe]

i've been reading and reading and reading on other abbey threads on here.

I have to admit i am starting to get a bit nervous, or maybe it's just dissappointment. Almost everyone seems to get an offer latest at the AQ stage, i haven't had one single offer yet.

This waiting is nerve wrecking.

[jkop]

I'm the same as you - I don't think they are bothering with offer now as no-one is accepting.

 

i've been reading and reading and reading on other abbey threads on here.

I have to admit i am starting to get a bit nervous, or maybe it's just dissappointment. Almost everyone seems to get an offer latest at the AQ stage, i haven't had one single offer yet.

This waiting is nerve wrecking.

[missm]

Just keep going!!!

CAhoot seem to be one of the most stubborn banks out there... and to tell you the truth I would be quite interested to see how their charges can equate the same as a bank with say BRANCHES or say, TELLERS???????

[jellybabe]

Thanks to both of you.I will be glad when all this is over.

[jellybabe]

oh, at last, i received a letter of the court this morning!The Hearing of the Claim will take place on the 23rd April (!) and should take no longer than 1 hour.The directions are:

 

1)The Claimant shall within 21 days of service of this order send to the Defendant and to the Court:

a)A schedule setting out each charge repayment of which is sought, showing the date, amount and alleged reason (if any) for that charge being made.

b)Copies of any statement or other document relied upon as showing that each charge and every charge has been made.

c)A statement of evidence, if such is to be relied upon, as tending to show that the alleged charges have been made, or that they are irrecoverable as penalties and, if so, identifying the relevant clause(s) pursuant to which the charges were applied.

d)Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the Claim will be struck out without further order.

2)The Defendant shall within 21 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed:

a)Pursuant to what contractual provision such charge was being made, producing a copy of the contractual document relied upon,

b)Whether such charge is accepted to be a penalty, and if not, why not;

c)If such charge is alleged to be a pre-estimate of teh Defendant's loss incurred by the Claimant's actions (whether or not such action is to be treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

d)Any witness statements.

e)Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

3)The original documents shall be brought to the Hearing.

4)The court must be informed immediately if the case is settled by agreement before the hearing date.

 

So, looking at this, the only chance to get settlement a little bit quicker is to send my docs off asap, so they have to send theirs within 21 days after receicing mine.Is that right?

Any Advice for me before i start? And, is this the normal court bundle i will be preparing?

[jkop]

yep I'd send off asap - looks like it could be settled early.... re: part 2c!

 

my court date should be around the same time! so that'll be two more cahoot ones closed!!

 

Good luck

[jellybabe]

Thank jkop, i do hope so.

I've got everything ready to print.

Got my schedule,

Copies of statements....well the printouts they sent me,

statement of evidence...i seen that on another thread i'm watching

and last but not least,

the relevant bits out of the court bundle.

Is that it??Or do i still print out the whole court bundle??

Also, it doesn't say anything about including all the letters i've sent and received of cahoot??Does that mean i don't have to include them??

Hope your court date will arrive soon!

[jellybabe]

Hi, i wonder if anyone could help with a letter.I'm not too good at finding the right words.

I would like to send an email to Inga Kirkham as a last resort to reach settlement before i send my bundle off.So if anyone out there could assist me, it would be greatly appreciated.

[jellybabe]

No reply of Inga and not even a read receipt. So i guess that means she don't want to settle....YET.

[jellybabe]

received a read receipt at last.Let's see if she wants to settle yet.I offered her to settle for statutory 8% instead of the contractual rate i was going for. I am more than happy to do that, after all, that is more than i was ever hoping for before i found tis website.