Chica vs Abbey ** WON **

[chica]

Thanks every so much. Does Abbey need their copy at the same time?

[southerner]

12.Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £1892.00 as set out on the attached list of charges.

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii. interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 21 Mar 2005 to 15 Sept 2006 of £XXX (8% interest figure)as set out on the attached list of charge,and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.42p

I hope you don't mind me butting into your thread, chica. I'm at the same stage as you.

 

Michael - Where does the "...daily rate of 0.42p" come from? Why have you only suggested claiming the 8% interest up to 15th Sept 2006?

[Michael Browne]

Michael - Where does the "...daily rate of 0.42p" come from? Why have you only suggested claiming the 8% interest up to 15th Sept 2006?

Daily rate is just your charges X 0.00022

ie £1892 x 0.00022= £0.42p

The dates are Chica's not mine. 15th Sept is presumably when she originally filed the claim.

[chica]

Yes I originally filed my claim on the 15th September hence that date. (and I'm a she!!! )

[chica]

Well I've handed in my witness statement and as of 12.00pm, Abbey hadn't filed theirs!!! I realise they have until 4.00pm but what are the chances of them submitting it before then!!!!

What happens next if they don't submitt??

[chica]

I have phoned the court today and Abbey still haven't handed in their witness statement!!! Have I won????!!!!

[chica]

Is there a template letter I could use to write to the Judge asking him to strike out the defence. I've still heard nothing from Abbey or the courts??

[chica]

Any ideas folks? Please!!!

[chica]

Thanks for that Karnevil, but its not needed anymore!!!!

I recieved a letter from Abbey yesterday.

It says:

In view of the amount that you are claiming and the legal costs that Abbey National plc (Abbey) would incur in arranging defence and representation at the Court, the decision has been made that, in this instance, your claim will be settled in full.

 

Payment will include bank charges and interest totalling £2000.25, continuing interest totalling £43.54 and court fees of £220. This gives a total settlement amount of £2263.79. Abbey is raising a cheque for this amount, which will be paid into your account (if open) or posted to you. Please would you confirm receipt of the funds by signing and returning the additional copy of this letter.

 

This payment of £2263.79 represents full and final settlement of your claim. It is on a 'without prejudice' basis and is entirely without any admission of legal liability by Abbey.

We have written to the court to inform them that the case is being settled in full and asking them to withdraw the Preliminary Hearing from the court list. Once payment has been made we would be grateful if you would inform the Court that you have withdrawn the claim.

 

Yours faithfully,

Abbey National plc

 

 

(I have to sign this statement)

I, XXXX, have recieved the sum of £2263.79 in full and final settlement of my Claim against Abbey National plc, 6QZ66186, and confirm that I will write to the court and withdraw the claim.

Dated and signed by ME!

 

 

 

SO TO CONCLUDE WE HAVE BEATEN THE B***ERS AGAIN!!!!

 

Can I request that it is sent by cheque even though my account is still open with them?

 

Thanks everyone for your help. Donation on its way when I get the cash!!

[Guest willowb]

 

Congrats Chica!!!! Good news indeed!.....hope it's Noob next!

 

About the cheque, I think that you can request it to be sent to yourself, it's your money afterall.....but then I'm not 100% on that.

 

Well done hun;)

 

Wxxx

[southerner]

Well done Chica.

 

I get the impression it's a good idea to wait till the cheque's cleared before you sign and return the statement.

[chica]

Ooops. I 've already signed the statement and sent it back!!! I'll have to wait and see!!

[Jacqueline07]

Chica - so have I - I thought that it might speed things up if it were returned straight away - hope that the above isn't the case - still waiting for my cheque (no account with Abbey anymore) - settled last Wednesday.

 

Many Congratulations by the way - Jackie

[chica]

:grin: Well, no cheque had been recieved by Friday 19th so I called the number at the top of the letter I recieved and asked them where my cheque was and I was told it would get sent out that day. Sat morning a nice big fat juicy cheque for 2263.79 landed on the door mat!!!! I ran to the bank and deposited it!!!! THANK YOU FOR ALL YOUR HELP!!!!!!!!!

On now to the reminder of Abbeys charges 15th Sept onwards!!!

HAHA

[chica]

You do not know how happy that makes me feel to see this thread called Chica v's Abbey -WON!!!

Thanks

[Elky]

Just had a read through this whole thread as I'm thinking of starting the ball rolling to claim back my charges from the last 6 years.

 

Quality reading I must say. I've now just opened an account with Natwest so I can transfer everything over to that before I write to Abbey and they take my overdraft facility away!

 

Good stuff Chica

[chica]

I hope you do well Elky.

One thing I would say is to sign your witness statement when it gets to court time!!! I didn't and the judge rejected it but Abbey payed up anyway!!!

[elizabeth1]

Chica well done!!!

 

Nice to see Abbey paid up!!!

[noobrider]

well done Chica its a lovely feeling, my cheque cleared today so I'm off having loads of fun with it

[Hypermart]

Well done Chica !!!!!

[chica]

Thanks for all your support whilst getting my charges back!!

[livelylad]

Thread moved to success forum.