Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5124 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

:? Hi

 

I have been in the process of claiming back my bank charges from Abbey for the past 10 months for around £3500. I have now got a date (31st July) for a pre-limy hearing with my local court.

 

I have read in several news papers that Banks are now turning up to court to defend. I am extremely worried about this as I was counting on the fact that they probably wouldn't attend.

 

I really don't understand what a pre-lim hearing is for - has anyone attended one? If so how can I prepare? Do I need to take anything with me?

 

I am so very nerious about this hearing, so any help would be much appreciated.

 

Thank you

 

:?

Link to post
Share on other sites

  • Replies 52
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi meatballfluff,

sorry i can't offer any help, only moral support. 10 months you say,bloody hell i thought my case was dragging, it's been about five months and i was beginining to think abbey and the courts had forgot about me.

 

Good luck anyway,

cassoili

Link to post
Share on other sites

Hi there

 

Gosh, 10 months does seem like an awfully long time, but in my opinion you are about to turn onto the home straight.

 

The link below explains what a Prelim hearing, and what you need

to take:

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

However, have you tried to negotiate a settlement with them now? This seems to be the way it is going.

 

Perhaps if you could post up the events from your submission of the claim to the Court, until now, someone may be able to help you further.

 

Above all, don't panic - you have come to the right place. :)

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Hi Jo

 

Thank you for this information.

 

They did make me an offer of £1750 just after they filed their defence but as it was only half of what they owe me I turned it down. Would you write to them now and ask for another offer???

 

Thanks

 

Lisa

Link to post
Share on other sites

Hi Lisa

 

Yes I would - this week in particular has been very good for settlements, not me though :( , not far enough down the line yet!

 

Definately push for settlement - and stick to your guns. Everyone seems to be emailing, and getting responses. Just don't negotiate by phone, if possible - if it gets further down the line you will need copies of all attempted settlement negotiations for your bundle.

 

Hope that helps.

 

Best regards

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

Does anyone know where I can get an email address for Abbey or should I contact the Abbey lawyer that contacted me before.

 

What should I write in an email asking for a settlement?

 

Any help/advice would be appreciated.

Link to post
Share on other sites

You could try emailing Inga Kirkman as she appears to be the solicitor dealing with claims against Abbey. Send her an email explaining that you have a court date something along these lines:-

 

I realise from your defence that you do not agree with my legal analysis that the charges levied to my account amount to penalty clauses and are deemed unfair. I do however recognise the fact that the sum at issue between us is relatively modest and as such, it is not cost effect for either party to take the matter to trial. Therefore in order to avoid the inevitable time and cost associated with pursuing the claim to trial I am willing to settle the claim upon repayment of the charges applied to my account, together with statutory interest and costs totalling £xxxxxxx.

 

Only once in receipt of cleared funds will I then discontinue all action against Abbey in connection with this claim.

 

[email protected]

It worked for me

Link to post
Share on other sites

Hi People just reading your thread...i agree with Path_finder my court date is today the 29th June at birmingham i e-mailed inga Kirkman on Tuesday26th of June, Inga immediately replied stating that due a backlog she has not replied

Dear Sir,

Could you please contact me urgently today on . You can not have two I also have not received any notice of the listing of this matter before the Court on 29 June 2007

[

i replied by e-mail and she asked me to scan in the court papers once i did she settled straighaway and sent out a settlement letter in the post i recieved it on wednesday, i sent notification to court on Thursday to withdraw my claim,

 

i suggest you e-mai inga and take it from there good luck:cool:

Link to post
Share on other sites

hi meatballfluff

first of all dont panic its not that scary (and i havnt been to court before until today)you will probably be sorted before you goto the hearing i have been to one today 10am abbey will settle before the hearing i recieved in post on tuesday 26june a letter offering full and final settlement and the preliminary hearing was this morning just make sure your paperwork is all complete have a read of my forum you it might help you put your mind to rest

Link to post
Share on other sites

Hi

 

I have a pre-lim court date for the 31st July - I am claiming back around £3500. I posted a thread last week and I was advise to email Abbey Lawyer and ask for a settlement. I done this and received this response today (below). Not sure what to do now - don't really understand what she is saying. Think she is trying to say that there should be some kind of charge.

 

Has anyone else receive a response like this? Could someone please advise me what to do next, I am at a loss of what to do.

 

Thank you all

 

Dear Madam,

Thank you for your email. With respect, your offer takes no account of the transactions that have occurred on your account. There must be a charge for such transactions. Should you wish to reconsider your position and put forward a more commercially palatable offer, we will be more than willing to consider the same.

Kind regards,

 

Inga Kirkman

Senior Associate

Solicitor, NSW

Link to post
Share on other sites

Hi

 

I sent an email to Inga Kirkman and received this response today (below). Not sure what to do now - don't really understand what she is saying. Think she is trying to say that there should be some kind of charge.

 

Has anyone else receive a response like this? Could someone please advise me what to do next, I am at a loss of what to do.

 

Thank you all

 

 

Dear Madam,

 

Thank you for your email. With respect, your offer takes no account of the transactions that have occurred on your account. There must be a charge for such transactions. Should you wish to reconsider your position and put forward a more commercially palatable offer, we will be more than willing to consider the same.

 

Kind regards,

 

Inga Kirkman

Senior Associate

Solicitor, NSW

Link to post
Share on other sites

Hi mbfluff - too late to type in full!

 

Anyway, yes she is trying to say that there should be some sort of charge - but no-one is arguing that, just that it should be about £2, not £35!!!

 

But it is a standard rebuff - until they disclose their actual costs, how can you negotiate a "commercially palatable offer?"

 

Keep going for the full amount - having read 100's of threads on here, it is going to go your way!

 

Best regards, and all my support

 

Jo xx

Six Nations Champions 2009

Triple Crown 2009

Grand Slam 2009

:cool::-D:cool:

Link to post
Share on other sites

I recieved a similar sort of reply, then after a few more emails and telephone calls, I settled for £40 short of my full claim. It depends what you are willing to settle for, if you want the full amount, just reply back saying that you realise that they will not show up in court, so what is the point of prolonging the matter. If you want your money quickly try asking for 95%. I did that and she settled.

Link to post
Share on other sites

This is a standard response...they send it out in the hope people will back down.....particularly when you have gone to them for settlement. Personally, I would have waited for them to offer, which they would....usually a short time before the hearing date.

 

I would write back and say that you intend to seek settlement for the full amount...in court if necessary.

Link to post
Share on other sites

Don't worry about it, as Clarion has said it's a standard e-mail I am sure if you look in this forum you will see the same e-mail and some fantastic reply's I have a look and see if I can find any for you.

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

Link to post
Share on other sites

I have spoke to msssss kirkman and she was just as snotty with me stating that 65% offer is fair and unless it is commercially advatageous for her to look for the file and put it to the top no negotiating will take place...fine see you in court rambo..!!!

 

ps...any chance of sending me a copy of the fantastic replies you mentioned mariejader..

MJack

 

An ordinary man claiming back extraordinary charges.

Link to post
Share on other sites

I could not find them time ran out on me sorry

 

Have a look at Gary or Lula's posts I am sure it was one of them who drafted it.

 

I would also follow up your conversation in an e-mail to Abbey confirming Inga's snotty comments about no wanting to negotiate with you, it will help when you go to court, as you will be able prove you have attempted to settle but again Abbey are abusing the court system

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

Link to post
Share on other sites

Just succeeded getting full payout for my son without receiving any GOOD WILL offers throughout the court process and no contact from them until letter received on Saturday offering full claim settlement including interest to date and court costs etc.Court date was 23rd July. He's going to move banks now.

I had contemplated emailing and phoning to ask for early settlement but didn't. I really don't understand why Shabbey treat everyone so differently. No wonder some people lose their nerve. Perhaps that's Shabbeys tactic.

Di

Link to post
Share on other sites

Hi

 

Confused - really do not know what to do. I don't really want to go to court but obviously I would prefer to be paid out my full amount. Don't know whether to email Abbey again or to just wait.

 

Has anyone else been in this situation - what advise can you give me.

 

Thanks

Link to post
Share on other sites

Hi Meatballfluff!! I too have received this email from Inga, I have pasted my reply below (which I cobbled together from various sources on here!) in the hope that this is useful to you:-

 

Thank you for your email.

 

For the avoidance of doubt, I am fully amenable to an amicable settlement of this claim and am aware of my duty to mitigate my loss.

However, until such time as Abbey plc discloses verifiable information concerning its true losses incurred (if any) as a result of my contractual breaches, I will contend that the exorbitant charges which have been so liberally and indiscriminately levied to my account are unenforceable in their entirety.

Upon disclosure of such costs information, I will of course be happy to amend the value of my claim accordingly, in order that both parties may be in the same position as before the breach occurred - in accordance with the principles of common law upon which my claim is based.

If you have a read of my thread, there has been lots of emails exchanged between Inga and her colleagues and myself, the most they have offered me to date is £7200 out of a total claim of £7700. I am determined to hold out for the full amount but if you are prepared to drop your claim by a few hundred pounds you may be able to negotiate an early settlement. If you are not desparate for the money, rest assured that your claim will be settled in full prior to your court date, which isn't too far away. Hope this helps and good luck!!

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...