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Me vs Abbey - Court date this week!!!! But need guidance!!!


sarahjives
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Help please... ??

 

Fantastic news, I have been patiently and anxiously been waiting for my court date - which is this Friday - concerned about recent news of the Lloyds scenario and how Abbey have reacted to the news and the fact that they have tried to demotivate you guys with court proceedings. However...

 

I have recently had an email from them offering me an out of court settlement... I am requesting £5260 plus interest and court costs takes it to approx £6000, but they have offered me £4820 (after already paying me back £1200 last year as an automatic credit to my account!) - Question is do I continue to go to Court and go for just over £6000 (which to be honest is very daunting but I'm not scared enough not to go) or say thank you and accept this amount? If they are offering this - does this mean that they feel that they will be paying up anyway? Am I wrong to accept their first offer - and should I prompt for a little bit more??

 

By the way - the other daunting part about the court hearing is that I was only allocated a 5 minute "hearing" - when I chased the date at my local court, I was told that the judge reads through the supplied information prior to the hearing and has already - in 90% of the cases - made a decision. Is this true as well??

 

I will obviously keep in touch, and share my experience to you all as I continue this journey but would appreciate any help or guidance you can offer?? This has re-established my confidence though - so would urge everyone else to continue fighting... !

 

Please offer help as quickly as you can - as my deadline to reply is Tuesday...

 

Thank you!! Once again!!

 

(where would we be without this site huh?? Thank god its here! Will definately remember you guys!!) xx

 

:o

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Help please... ??

 

concerned about recent news of the Lloyds scenario and how Abbey have reacted to the news and the fact that they have tried to demotivate you guys with court proceedings. However...

 

the lloyds win only happened because he could not prove breach of contract - Abbey readily admits we do in their defence so that judgement does not affect us. The whole argument you put forward when setting out your claim is that because we have breached the contract then they cannot impose these extortianate penalty charges.

 

I have recently had an email from them offering me an out of court settlement... I am requesting £5260 plus interest and court costs takes it to approx £6000, but they have offered me £4820 (after already paying me back £1200 last year as an automatic credit to my account!) - Question is do I continue to go to Court and go for just over £6000 (which to be honest is very daunting but I'm not scared enough not to go) or say thank you and accept this amount? If they are offering this - does this mean that they feel that they will be paying up anyway? Am I wrong to accept their first offer - and should I prompt for a little bit more??

 

Only you can decide what is right to do in your own case - but if you stick to your guns and have followed the guidance on these forums you will get the full ammount back its just a waiting game.

 

By the way - the other daunting part about the court hearing is that I was only allocated a 5 minute "hearing" - when I chased the date at my local court, I was told that the judge reads through the supplied information prior to the hearing and has already - in 90% of the cases - made a decision. Is this true as well??

 

The judges know full well the chances are that Abbey will not show up - they haven't yet and as long as you have a good argument you will win by default anyway with full costs in your favour.

 

I will obviously keep in touch, and share my experience to you all as I continue this journey but would appreciate any help or guidance you can offer?? This has re-established my confidence though - so would urge everyone else to continue fighting... !

 

Please offer help as quickly as you can - as my deadline to reply is Tuesday...

 

Thank you!! Once again!!

 

(where would we be without this site huh?? Thank god its here! Will definately remember you guys!!) xx

 

:o

 

Now I am not a legal eagle and I do not claim to know everything - the above is just my personal opinion based on what I have seen on this forum. I am quite sure if you do have any problems then a more experienced forum user will come to your aid!!! Good Luck - and don't cave in yet!!

:eek:ABBEY

Data Protection Act request complied with within 40 Days and no £10 charge..

31/01/07 Prelim Letter sent with schedule of charges.

19/02/07 LBA Sent with schedule of charges

08/03/07 MCOL started

09/03/07 £160 GOGW payment into account

23/07/07 Court Date set for 10/10/07

02/08/07 CPR Part 18 Request Submitted

10/08/07 Stay requested by Abbey :mad:

20/08/07 Claim Stayed by District Judge :mad:

:eek:HSBC

02/02/07 S.A.R - (Subject Access Request) Letter sent

22/02/07 Statements received and again no £10 charge...."happy to provide at their cost"

26/02/07 Prelim Letter to be sent with schedule of charges.

12/03/07 LBA sent with schedule of charges

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