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Hello All ** WON IN COURT **


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Thanks mjanet - how about once they have agreed to settlement returned the signed form etc. The court claims still progressing, Aq's filed, Anything you can use to make abbey pay up a bit quicker than the three weeks they seem to be taking at the mo ?

 

(sorry Andy - you'll want to know this in a couple weeks :-) )

You should not be signing forms , they have no right to ask you to do this ,.You can send a letter accepting the settlement but stating that the 8% interest is at a daily rate of XXp per day and this is payable until the claim is settled and that you are prepared to accept the day of settlement to be the day the monies are paid into your account ( or whatever is applicaple) until that time your claim will continue .if the AQ is due soon so is going to incur more costs then point that out and give then until the end of the working day ( day before) to repay you the settlement figure or point out that that AQ cost will also have to be added to the settlement figure .At no time stop your claim or delay with the AQ questioniare if need be they can have the money in your hand the following day , as was proved in my claim. .

Don't forget they do not want this to go into court even more then you don't , stick to your guns and do not be bullied by them it's your claim so stay in charge of it.

 

If you REALLY feel the need to sign the form ( as some do ) then add that in about the settlement day and continuing daily interest .Even though its not much money it should have the desired affect and stop people waiting weeks to be paid once settled.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Hi All

 

Ok taking into account the various points made above I drafted a letter to Miss Trainee Soliciter :

 

Dear Miss Trainee Soliciter

 

Thank you for your letter dated the 31st July.

 

Thank you for your offer on behalf of your clients Abbey National Plc for a 50% offer, this I refuse to accept as in all my correspondence I have stipulated a full refund.

 

Please find enclosed a copy of the Allocation questionnaire that I submitted to the court on Friday the 4th August.

 

I would also draw you attention that the interest as laid down by the county courts act is accruing on a daily basis of ***** . this will continue until monies are payed into the account which I would deem as settlement, it would therefore be in your clients best interest to come to a amicable agreement sooner rather then later.

 

Please be aware that I would not end this action until monies are payed into the account.

 

Yours faithfully

 

 

Any one with any comments on this please feel to comment as I wont be sending the letter until Monday ( recorded )

 

Andy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

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Dear Miss Trainee Soliciter

 

Thank you for your letter dated the 31st July with the offer on behalf of your clients Abbey National Plc for a 50% of my claim, this I refuse to accept as in all my correspondence I have stipulated a full unconditional refund.

 

I would also draw you attention that the interest as laid down by the county courts act is accruing on a daily basis of ***** . this will continue until all monies are paid into my account .I am prepared to deem this as the day of settlement, it would therefore be in your clients best interest to come to a full unconditional settlement sooner rather then later.

 

Please be aware that I will not withdraw my claim until monies are paid into my account.

 

Please find enclosed a copy of the Allocation questionnaire that I submitted to the court on Friday the 4th August.

Yours faithfully

 

My 2p worth :) you don't want an amicable settlement only a full unconditional refund

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When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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QUOTE My 2p worth :-) you don't want an amicable settlement only a full unconditional refund

LOL very true. do you ever go to bed?:)

 

 

LOL I get to carried away on here and forget about the time.Janet

Rbs £114 + contractual at 29.84% I won total=£125 no laughing it's a win

Don't moan about it DO SOMETHING ABOUT IT :D

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Hi

 

Thanks mjanet for your input will get it copied off now and post it in the morning first class recorded.:D :D

 

Cheers

 

Andy

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Hi All

 

Sent the letter to DLA today ( see above post ) basically rejecting 50% offer and well you can see the rest from the above post.

 

Cheers

 

Andy

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  • 1 month later...

Hi All

 

Firstly profound apologies for not being here but not much has happened.

 

Needless to say getting seriously worried now as I have not heard anything and I'm thinking surely something must be happening. Not even heard from the courts.

 

Anyway the only developement is that I keep getting letters from Abbey asking me to return cheque book and card. Cheque book they had back in May and card ( Electron ) I sent back with the first of these letters. The letter says

 

"You must return your cheque Gurantesee /Visa Debits (s)and any cheques that you still have, as these belong to abbey. If you don't return these items within 7 days , further action will be taken which may involve sending a field agent to recover them. If this happens a fee of £45 + VAT will be deited to your account.

 

You can prevent this and the charge by dropping the cards and cheque book off at your locol Abbey branch or cutting the card(s) in half and sending them back in the prepaid nvelope provided. If you no longer have them please fill out the form and send back the form I've sent you."

 

Has anyone one else had this and how did you deal with it. Basically this is the secound letter they have sent me, and surely they should be able to tell from thier records that I do not have anything belonging to them, ie cards cheque book etc.

 

Andy

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ha ha sounds like abbey...they closed our account in 2003??? ever since then we got a statement with 0.00 on it !!!! ha ha

since we started the claim we dont have statements anymore so presume it is really closed this time!!!!!!!! they make me laugh!!! :D

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  • 1 month later...

Hi All

 

Sorry havn't been on but have been waiting to see what has been happening.

 

Have recieved a letter from Abbey who have instructed a Dept Management company to recover the overdraft dept. This amounts to £483 of which £83 of this has been charges from about April/May time which I intend to claim back. This I havn't done yet as I'm still waiting for the first claim to conclude which amounts to £630. It does not take rocket science to calculate that this will be more then adequate to repay what I owe them.

 

Anyway the letter reads:

 

DMRS Ltd have been instructed by Abbey National Plc to obtain immediate settlement of the above debt.

 

Please arrange to pay this amount by return of post. If this is not possible , please call this office today on 0845 6001618 to discuss your proposals for future payments.

 

Payments can be made by switch etc etc.

At the bottom of the letter it says

your account will be cleared once the balance has been cleared.
hooray get rid of them at long last.

 

Also right at the bottom it says "

Debt Management and Recovery Services Limited is Part of Abbey National Plc."
Surprise surprise.

 

So what do I need to do any advice will be extreemly helpful.

 

My thoughts are that I should send everything that I have and say that the charges are in dispute and once I claim these charges back would more then adequatly cover the dept that I owe.

 

Any suggestions would as I said above be extreemly helpful

 

Regards

 

Andy

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Hi All

 

Could someone be kind enough to reply to the above post as to what I should do.

 

Cheers

 

Andy

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Hi All

 

Could someone be kind enough to respond to the above post as I need to get a letter off tomorow. Just want some ideas of what to put in it.

 

Thanks

 

Andy

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Hi All

 

Well I'm getting a little concerned as I have not heard anything from the court or Abbey. Surely I would have at least a court date through or something. But I have had nothing.

 

Do you think I should go into the court and find out whats happening?

 

I did go in about 2-3 weeks ago and the clerk there said that judge was writing to the othere side and trying to find out how long the hearing would take.

 

What are peoples thoughts?

 

Andy

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Hello Everyone

 

Update

 

I had a letter from the court today and it's rather concerned me a bit.

 

It says:

 

Before District Judge Tromans sitting at Plymouth County Court, The Law Courts , Armada Way, Plymouth PL1 2ER.

 

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside , varied or stayed within 7 days of recieving it.

 

IT IS OREDERED THAT

 

Unless the defendent provides a time estimate by 4pm on the 24th November the defence will be struck out.

 

Dated 30 October 2206

 

Please can someone tell me what this means as I don't like the struck out bit.

 

Cheers

 

Andy

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Hi Ya

 

Thanks for re-plying but it does say unless the defendent provides a time estimate which is Abbey surely.

 

Sorry don't want to undermine your advice as it were, but just want to get this right and not mess it up as having got this far.

 

Andy

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Hi

 

Thanks for replying. I will go into the court on Monday and double check as you have advised just to be on the safe side.

 

So if Abbey fail to comply with a time estimate does that mean I will win by default?

 

Also going back to the first paragraph,

If you object etc etc
can Abbey make an application to have it set aside, varied or stayed,( what do these mean) if so what happens then.

 

Cheers

 

Andy

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Hi All

 

With the above last 5 post's ( from the Court letter ) whats going to happen if Abbey do not respond?

 

What does "set aside" "varied" or "stayed" mean, the application has to be made within seven days. So again referring to the above posts, is this again down to Abbey.

 

If Abbey don't do this, does that mean I will win by default?

 

Any thoughts welcome.

 

Andy

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Hi

I think it means that if the defence (Abbey ) don't comply with the court order on time the judge will stikr the defence out and you win by default. They have 7 days to get a set aside which means they get more time to produce what the court has asked for but they must have a good reason to get this and the same for the stay or varied I think but someone more knowledgeble will probably answer you soon.

On the whole it looks like the judge is p*ssed off with Abbey and calling their bluff so whatever way you look at it it's good for you.

Hope this helps

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  • 3 weeks later...

Hello All

 

Update. I have had the date of the hearing come through. It is set for 8th February 2007 10am. This should take no longewr then 3 hours.

 

Presumably Shabby will pay up before then and not go to court.

 

Here we go:D :D

 

Cheers

 

Andy

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Hi Karne

 

Thanks for that. Yes they have sorted the time out, 3 bloody hours they have allocated, I mean I ask you how long does it take to say " give me my money back" quite easy really. lol.

 

Will have to sort the Bundle out now, more paper work.:D :D :D

 

Cheers

 

Andy

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Hi All

 

With the above claim now well and truly under way, will it now be a bit premature to get the secound claim under way or should I wait until the intial one is done and dusted.

 

Any thoughts would be welcome

 

Cheers

 

Andy

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  • 1 month later...

Hello All

 

Sorry have not been around, had flu over xmas and new year, so was unable to do a lot.

 

Update. Well the court hearing is set for the 8th February, so am dedicating the next few days to get the court bundle sorted. It leaves me just over 3 weeks before the hearing and as it has to be in 14 days before then so I have a good week to get it sorted out.:D :D

 

Two questions 1) I have downloaded Bookworms court bundle and the very first page reads " Latest Schedule of Charges". Can someone be kind enough to clarify this, sorry to be thick and all that. I'm reading it two ways either a) Include charges that you might have missed through delay in statements coming through under the DPA request or b) the interest brought up to date.

 

I was under the impression that I could not add any more charges unless I paid the £35 or whatever it is. So am not sure ewhat is ment by latest schedule of charges.

 

Also needed for the court bundle are copies of statements, is this all the statements or just those pertinent to each charge that has been made to the account.

 

Thanks for your help

 

Andy

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50% rejection letter sent to DLA

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