I WON !!! msneddon vs Abbey

[msneddon]

Today I recieved a letter from Abbey 's solicitors stating they have been instructed to defend my clain on 2 grounds.

1. Charges applied to my account have been contractually agreed and are a genuine pre estemate of loss incured as a result of my breach and are not penalty charges

 

2. They will be able to show that as a result of my breachAbbey did suffer loss and damage and if they are not entitled to the full amount charged they will certainly be able to establish that a high percentage of the charge remains due.

 

Abbey have also indicated that they would be willing to pay me £364 in full and final settlement of all claims I would have against them. The letter also states that this amount will be reduced if the bank is required to enter appearance as they will incur judicial expences

 

My first claim is for £728+£39 court costs and as I am in Scotland will have to claim several times to claw back what they owe me. I will accept their offer as a partial settelment but would be gratefull for any comments on the laughable defence they intend to use

[Guest Niklowe]

They are trying to frighten you from continuing. Accept the payment as a partial refund and go for the rest. is it still DLA sputnik etc?

[Glenn UK]

I think theyre sabre rattling but i think the noise is scaring them, its the kind of thing my 18 month ol daughter does when she make a loud bang and gets scared.!!

 

I think that my response would be to reject their offer of part settlement and say something along the lines of 'If your client has incurred legitimate costs then you are at liberty to demonstrate those costs in relation to the apoplication of charges to my account. This would clearly prevent court action and it would be in your clients interest to prevent court action where none was warranted. Since you have an aboslute remdey to prevent court action I shall not hesitate to point your failure to prevent court action by refusing to justify your clients cost.

 

I would also point out that since the charges are penalites you will no doubt realise that a consumer cannot be forced to indemnify anyone if they breach the conditions of their contract.'

 

Anyway whatever you do i would reject their defence and proceed.

 

If you decide to write something back, I would check out anything you say in detail. I think that they are just trying it on.

 

JMHO

 

GLenn

[msneddon]

Yes DLP are the culprits the return date on my claim is 21st Sept and I'm not budging untill I recieve full payment for this and future claims.

[msneddon]

Thanks for your sugestions Glenn I hope you don't mind me using them in my reply

[Glenn UK]

I dont mind, i would urge you to make sure you get the right things qouted and check that my thoughts are correct.

 

I think the idea is right but the execution could be better.

 

Im not an expert so please check for yourself before sending it out.

 

GLenn

[rusticat]

why would you accept the offer, you'll get £750 in scottish small claims court. The letter from abbey solicitors also states that the offer is final and you can't claim anything more from them. They're trying to frighten you, in the small claims court, if you lose they can only make you pay £75 towards their legal costs.

[msneddon]

Sent a letter to them yesterday declining their offer and told them I want it all. I also pointed out if they produced the evidence they say they have, which proves the charges are a true reflection of their loss, then it would save everyone unnessesary trouble. I forgot to mention that they would substancially reduce the offer if their client inccured judicial costs. Therefore I took the oppertunity to point out that the court would make any decision in regard to payment. I would have posted the exact letter I sent but my computer skills are limited.

[msneddon]

Thanks Karen

I will be looking into summery clause for my future claims as I am still owed around £2000

[simonthebrewer]

Have you returned the allocation questionaire to the court?

[msneddon]

I am claiming in Scotland and no AC has been sent. Corespondance so far is from Abbey solicitors and their return date is 21st Sept, hearing date 28th Sept.

[msneddon]

I need some help please. I have received a letter from DLA Piper today stating that Abbey are willing to settle my claim for £764 on the understanding that I dissmiss court action and sign a Discharge in Abbeys favour.

Enclosed with the leter is a Joint Incidental Application and a joint Minute disscharging the court action and a discharge of signature. the letter indicates that they will send me a cheque when I return these documents signed. On the discharge notice enclosed with the letter The wording goes like this

( I therfore do hereby acknowledge that Abbey..., have paid to us the sum of xxx in full and final settlement and satisfaction of all claims whatsoever nature, relating to charges applied to the mentioned account up to and including the date herof and competent to me and my representatives against Abbey...in respect of all or any loss sustained by me consequent upon any charges applied to the account no xxxxx, and I MSneddon discharge Abbey forever and I agree that this payment is without admission of liabilityon Abbeys part)

Am I correct in asssuming if I sign and return these documents that I will not be able to persue the rest of my charches totaling aprox £2000. Please could someone give advice and the best course to take when replying to DLA

[Jane Austen]

IMHO you can't sign this - you would not be able to go for the rest. They are trying to frighten you off. You need to hold your nerve.

 

Good luck

[msneddon]

Should I write back to accept their offer for this and only this claim and ignore the enclosed court documents.

[Odd Fellow]

Although I am not a legal expert, I would not sign this. It's too heavily weighted in Abbey's favour.

 

If this is a standard claim for unlawful charges, you need to remember a few things:

 

1) Abbey has no defence - the charges are unlawful - end of story.

2) Taking 1 into account, Abbey is really in no position to be getting claimants to accepts unreasonable conditions for out of court settlements (or any conditions IMHO)

[msneddon]

Thanks for the replies. Will I now send off a letter to the effect that I accept their offer for this claim no xxx and will inform the court when I have received cleared funds

[Odd Fellow]

EH?

 

I thought the advice given by the majority was NOT TO SIGN IT?

[give_me_it_back]

Yes - I completely agree with all the advice you have already been given. Do NOT sign the letter. Keep your nerve and see it through - you really are almost there now.

[msneddon]

I have no intention of signing their documents. I letter I was taling about earlier was one I will compose myself. Sorry I did not be more specific. Thanks for the advice everyone. I would appriciate any help I can get with my reply to them to ensure I miss nothing out

[msneddon]

Could someone please tell me if the following will do in reply to Mr Frood from DLA

Dear Mr Frood

I will accept your client offer of xxx for this claim no xxxxxx but not as full and final settlement of all claims I or anyone actig on my behalf may raise in the future. I do regret that you have taken the trouble to prepare a discharge statement for me and without my permission as I do not agree with term of settlement you have set. I therefore forbid you to forward any such document to the court. I will howerver inform the court of any dismissal necessary when I have recieved the agreed amount of £xxx in cleard funds in my account for this claim (noxxxxx)

 

Please could someon look this over and give comment. The grammar and spelling will be brushed up.

[msneddon]

could anyone give advice in regard to my reply to DLA does anything need amended?. The version I will send will be a bit more refined

[Glenn UK]

I think you are making it more complex than it needs to be.

 

I would say something like

 

I am happy to accept this as part payment towards the full settlement.

 

When i have recieved cleared funds in respect of my total claim I will be happy to inform the court.

 

I think theres a template letter precisely for rejecting offers somewhere.

 

JMHO

 

Glenn

[Odd Fellow]

I think even the suggested reply from Glenn is verging on the pointless (sorry, Glenn, no offence) - why would Abbey want to pay some money and then be forced to pay some more at a later date? It would just mean more administration for it and you and incease costs on both sides - it's much more than yours, I suspect. Bear in mind that if such a repayment sitiation did occur, you'd have to adjust your claim with the court and that would present its own stresses.

 

Simply reject the offer stating that you will accept nothing but the full value of the claim.

 

If you choose, reinforce the point that Abbey must have known that it was acting unlawfully in the first place, so why should you be expected to pay for another party's deliberately unlawful act?

[msneddon]

Thanks for your advice . I would like to point out that I am claiming in Scotland and the claim limit is £750. The offer they have made is 100% of this claim being £728+ court fees £39. The other £2000+ I will have to claim in more than one claim. My presnt greivance is that I do not exept the term of acceptance as they would result in me being unable to claim the rest at a latter date. Please reply as I may have this wrong

[msneddon]

Thanks Karne

I wondered if that would be the way to go. I just got nervous as I thought if it went to court the judge would consider me a time waster as I had not claimed the full amount in the begining He may not concider that I will not be able to afford the extra court costs in one payment