Flames V Abbey - Done it ! Now wheres my money ?

[flames7205]

My claim has now started

following money claims on line through the system it is giving me two options to

a, judgement by default

or

b, judgement by admission

do I carry on and tick by default ?

or cant I do that yet ?

[flames7205]

my friend has just been paid by hsbc tried offering 900 and when the court summons went in he got all the claim settled but has been asked to sign a paper to say he will not tell anyone ! basically gagging him

[flames7205]

still waiting ................

do you think the banks will ever attack this problem face on or is it just too much like small change at the moment ?

[flames7205]

Had details back today from court Abbet gone for set aside so looks like I will be going down the road that we have all gone down

 

Laura Gordon of DLA Piper (trainee solicitor) has made the reply stating that they wish to defend the claim.

 

Should I be informing the court of Abbeys intention of time wasting and eventual payout or sit tight and follow the system ?

[flames7205]

now I am waiting for 28 days to pass do I need to send off details of interest being claimed

can anyone assist please ?

[flames7205]

I have now sent off a copy of my interest to Trainee solictor at dla and the court .Abbey have gone for set aside as I said previous so I now just wait?

I havent had any forms or other details concerning AQs ?

should I have done ?

What would the next contact be ?

50% offer ?

reject ,

then go for the lot ?

I want interest paid aswell my account is in the black now and running straight my parachute account is now open and I am going to move away anyway i have no time for Shaabby anymore.

:-|

[flames7205]

today received 50% offer from dla piper

along with all associated paperwork

It is asking for me to settle so as we do not have to file an Allocation Questionaire , what is that ?

I am going to fight on and ask for it all.

[flames7205]

many thanks

is there a template rejecting 50% offer or do simply write back saying I dont except ?

[flames7205]

Laura @ dla piper gave out her email address so I have sent copy via that to reject 50% offer and also sent it by snail mail.

I also sent a copy to the courts explaining what dla piper are up to and how they are wasting the courts time.

DLA Piper were not happy and have said in a reply email that I shouldnt of done this ?

I explained that I wished for the courts to know of thier tatics at abusing the court system and wasting everyones time.

I have jepordised my own case do you think

[flames7205]

email states

WITHOUT PREJUDICE AND TO SAVE COSTS

Dear xxxxxx

Thankyou for email. I note you your rejection of the offer.

I also note that you intend to forward my letter dated xxxx to the court.Please note that you are not permitted to do this.My letter was marked "WITHOUT PREJUDICE AND TO SAVE COSTS" as is this email.That means that the offer was made in a guine attempt to settle the case and as such,you are not permitted to disclose it to the court and use it in evidence at this stage.The only time the letter may be referred toin court is when the judge is deciding the question of liability for costs( ie legal costs) where the parties conduct in not accepting a resonable offer may be relevant

 

I attach below a link to glossary of legal terms so that you can read about this for yourself:

http://www.tescolegalstore.com/jargonvx.asp

[flames7205]

you are right on the statement

 

yes it does say "WITHOUT PREJUDICE SAVE AS TO COSTS"

 

and yes it was the trainee solictor Laura Gordon who gave me the link

havent looked at it yet mind.

 

http://www.tescolegalstore.com/jargonvx.asp

[flames7205]

This morning received another reply from dla piper.Previous to this I informed Laura Gordon that I was showing the court her letter as to reinforce the obvious facts that her client, is as always, using the court/legal system to simply drag out the inevitable.

Which has been proven on all the previous occasions when Abbey eventually cough up.

Her reply states

 

Dear Mr xxxxxxxx

As I have already explained,the court is unable to place your letter on the court file.As such,forwarding it to the court is a waste of the courts time.

 

I have written to the court to inform them of your intention to forward our recent correspondence and to draw the courts attention to the fact that the correspondence is marked "WITHOUT PREJUDICE SAVE AS TO COSTS"and as such should not be placed on the court file.

My client reserves its right to refer to the correspondence when the question of costs falls to be decided.

 

This sounds like I have done something I shouldnt of but it also sounds as if they are not happy atall about this even being sent there.

Do you think that they are worried over this ? it certainly seems like it they obviously do not want the courts to know what is going on.......

 

Will have to sit and wait for the next instalment.

[GUTZYBASSETT]

THE LINK SHOWS THIS INFO :

 

Without prejudice

A statement made by a party in, or in contemplation of, litigation, which is "off the record". To encourage the parties to engage in open discussion about settlement, such statements cannot generally be made known to the court. If they are expressed to be "without prejudice save as to costs", they may be disclosed after the court has decided the case when it comes to argument about who should pay for it. Without prejudice is often confused with "subject to contract" but the two are completely different.

[flames7205]

Many thanks it puts your mind at rest

cheers

should i now be expecting a full offer or will I be receiving an AQ whatever that is ?

suppose they will want to drag it out a bit more !!!

[flames7205]

All these people getting paid out , my little hick up with DLA Piper is probably nothing compared to Seminoles battle .............

just time to wait and ponder prosperatory.................for a while at least.

[flames7205]

Allocation Questionaire arrived in todays post (21/07/06) it would seem I need to fill in and return along with £100 pounds any advice to correct answers ?

will look in search / templates

[flames7205]

Today received my question allocation forms so fired this off over email to dla piper.

 

Dear Mrs Gordon

 

I have recently received my Allocation Questionnaire with regards this case, and will be filing with the court first thing 27/06/07, at which point i will be adding the cost of this onto the total amount of my claim.

 

You will be aware that after carefull consideration, your offer of 50% was not acceptable, i will not accept anything less than 100% of my claim.

 

For your information, and to exclude any doubts, my claim as of today stands at £XXXXXX.

 

 

Yours faithfully

[flames7205]

Still waiting nothing yet come on postie...........

[flames7205]

I have not yet received any further offers

I have my allocation questionaire to return should I hang on a bit as not required until 7/08/06 or shall I send it ?

if so do I need to fill in anything particular on "OTHER INFORMATION" section ?

cheers

[flames7205]

Many thanks have managed to cut and paste it and even directly printed it onto the form looks good.......

cheers thanks for the help

[flames7205]

I also sent off an email DLA stating I am sending off AQ and the "other " information to kick start some sort of response but as of yet no reply.

 

How long do you now wait before they might make an offer ?

Is it months ?

[flames7205]

waiiiiiiiiiiiiiiiitttttttttttttttiiiiiiiiiinnnnnnnnnnnnggggggggg !!!!!!!!!!!!

[flames7205]

no I didnt send dla a copy but I did inform Laura that it was on its way and that the 100 pounds will be added to my claim.

[flames7205]

Great news about seminole and his £10k makes my claim look trivial great he got it though

How long do you think they will make us wait ?

[flames7205]

notice all banks talking about charging for an account today on news as they release huge profit figures tomorrow