Another claim - **WON**

[comicmankev]

I figured I would do that, then again I'm sure their solicitors frequent these forums and chase up these cases when they see them - lol

 

Will see what happens (Havnt checked todays post either!)

[barracad]

28 days is up today for me, and I havent received any offer as yet! What do I do?

 

28 days from what? Please start a seperate thread so people can keep track of your details and it doesn't get mixed up with someone elses like this.

 

I'm assuming you mean you've started court proceedings and 28 days have passed?

 

Did they acknowledge the claim?

 

Did they put in a defence?

 

Start your own thread with the relevant details.

[comicmankev]

There is a thread with all my info on it and nobody seems to ever reply to it. Jones is the only one that keeps up with my story here so a couple of my replies have been direct to him as he seems to be the only one sharing info with me, and in a similar situation (almost to the day)

 

All the details are there in my thread. If you want all the details.

[joneshousehold]

Hi Comicmankev. I think we might have been told off there! Sorry for breaking the rules, it was unintentional. Hope I didn't lead you too much astray. (Sorry to Barracad too, for confusing you)

 

I have also subscribed to your thread Comicmankev so I will see if you post anything there but I know what you mean if you don't get a reply. You think you have missed something.

 

Anyway the only thing I take issue with is that you refer to me as a 'he'. I'm afraid there is too much girl power in our house so I am the one addicted to this forum and hubby is the one with more sense! Anyway I don't mind really it's just I should hate you to realise later and then feel a fool.

 

We need to give each other a helping hand so if you post anything on this thread again, I suggest you duplicate it on your thread too or refer me to your latest posting and then I can reply correctly so we don't get told off again. Is that OK with you?

 

Good luck with your claim though. Does seem a bit odd the solicitor not replying but I suspect there will be a letter waiting for you when you get home.

[comicmankev]

LOL! That all sounds good to me, and as for the 'he' statement, sorry! I actually refered to you as 'john' in my previous post then went back and changed it to Jones, I guess thats where I got the 'he' from - lol

 

And I will definately keep you posted and keep to my own thread, there's plenty of telling off goes on on this forum, see my own thread for being told off numerous amounts of time - lol

 

Good luck to you, and it's good to know there is someone around.

 

Cheers!

[joneshousehold]

Thanks folks. It's good to know you are all out there with us!

[Jane Austen]

Ditto from another 'she' - just a couple of weeks behind you guys \guyesses!!!!!

[joneshousehold]

Abbey have filed the defence by fax on 2 June which was the same day as they sent the letter to us offering 50%. We have now had a notice from the Court transferring proceedings to our local court and enclosing the allocation questionnaire. That is due back on 24 June at the latest.

 

We are thinking of writing to DLA Piper to say we will complete and deliver the form on 21st June. As of that date we will require an extra £100 in costs as part of the settlement.

 

Having watched the Tonight programme and in particular the comments by Stephen about how he kept upping the amount he wanted from them to stop his action, I wondered if it was worth upping the ante a little. I was thinking of saying that once the allocation questionnaire is handed over the minimum settlement is for say 150% of the charges plus the interest and costs.

 

Has anyone else tried this? What do you think? It's only a thought at the moment but I will have to contact them by the weekend if I am going to do it so any thoughts, suggestions or other comments would be welcome. Positive or negative. I want to have a good idea of the pro's and con's before I go ahead.

 

(Could do with the money, husband's melting pot has just broken down and we've had to shell out £400 for a new one so he can get an urgent order completed!)

[comicmankev]

As much as I'd love to do that, I'm going for what I've been charged and that's it! But input from others on this would be great, It's a shame I missed Tonight show. is it available on the net?

[joneshousehold]

Comicman, the Tonight show was great, hope you get to see it! I don't believe there is much to suggest it will be repeated but if you look at the Tonight thread in the Bear Garden you will find out who has a copy.

 

You may be right about the amount of the claim. I am just testing the water at the moment. Let's see what the response is.

[Jane Austen]

There is another thread somewhere on which similar tactics were suggested. I think it was Dave who answered and said it was inadvisable to try for more money than was actually charged by way of penalties. Something to do with Stephen only getting more because they knew he was prepared to take it as high as he could (House of Lords?)

[comicmankev]

Any updates Miss?

[joneshousehold]

Not heard anything yet and didn't get time to send the email I intended at the weekend about the allocation questionnaire. Hope to get in touch with them before the end of the week

[NeilP]

If Abbey offer you 100% of your claim you HAVE to accept it (as long as there are no conditions attached to it). If you decline a 100% offer, and it does reach the court stage, then it will be looked upon in a very dim light.

 

Just hold your ground, politely refuse the 50% offer, and the 100% will be coming around the corner singing 'Yi Yi Yippee'!

[joneshousehold]

To be honest if they do offer 100% we will snap their hands off. The extra was just to try and put more pressure on them and if they pay up more then it's a bonus. Still I haven't done anything else yet so it's just speculation.

 

We did get a statement from Abbey this morning and see there are further charges to be levied and we will press for these to be waived but if they won't it's no problem, just a second claim.

 

Thanks for the posting anyway, it's always good to get other views.

 

These days when the postman comes we are disappointed to see nothing from Abbey or DLA Piper. Bit of a turnaround from the days when they sent letters to say we have been naughty and it will cost us £30 a shot!

[joneshousehold]

Latest update. Following all that stuff about asking for more than 100%, I never did get the email sent. I would like to say it was a conscious decision not to, but it wasn't. I was just too busy (exam yesterday and priorities were elsewhere!).

 

The deadline for the Allocation Questionnaire is Friday 24th so I rather expected to hear from DLA and was concerned when I didn't. A letter however arrived this morning and I was all excited. I am disappointed now to see it says they have completed their AQ and have reminded me about the offer to repay 50% dated 2 June. Now this is strange because I sent an email on 5 June rejecting the offer and asking for an acknowledgement. This was duly received saying they were taking instructions from Abbey.

 

When I looked at some of the other threads I see that I am not the only one to get this letter. That set me thinking. Either they are thinking of defending some or all OR and I think this is more likely, they are too busy to actually deal with us all so they have quickly bashed out a letter to keep it on the back burner. I am inclined to get a haughty response along the lines of

 

'surprised by letter...already rejected offer....my AQ now also completed so further £100 to add to costs...hope you are not just sending me a pre-prepared standard letter, this is a genuine claim and I expect to be dealt with as an individual'

 

Any thoughts out there?

[Jane Austen]

The points you raise are certainly valid and relevant.

I would send your letter to them raising these issues but also intimating that your AQ is completed and ready for posting. They might then realise that you mean business. Alternatively, post off AQ and tell them that you have done so. There's no time for an increased offer now, before the deadline, if you are being realistic.

 

Good luck

[comicmankev]

I havnt been keeping up to date with other threads, just yours and mine and the poeple that have shared their stories in our threads.

 

This is obviously a new ploy to see how far people will go, but at the end of the day, as I mentioned in my thread, the banks love to keep their money, why would they offer 50% if they new they could defend it?

 

I would say that the solicitors and/or some people at Abbey frequent this board, they might not but they may even be able to link our usernames to our applications. If this is the case then they are playing chicken with us!

 

Either way, EVEN if we do go to court, we will be doing it together, and IF we went on to lose (Which I don't suppose is the case with a 'trainee solicitor' to back Abbey) then what would we really be losing? Just the equivilant of another 3 unlawful charges from them!

 

If 50% of people take the initial 50% offer, then they send out this one which sounds 'final' then another 50% take that offer, then they will still be saving loads of money. The do not want to go to court as per all the reasons discussed on this board, but if they do, then lets get em!

[comicmankev]

I would have thought that they would match up names from this forum then immediately offer the 100% cos they know that we won't budge - lol

 

It's the 'lurkers' that claim that are the ones most likely to cave in cos they don't have the direct support!

[siterly]

Joneshousehold,

Clearly you are a little ahead of most on the thread.

The rationale for us taking action against the banks is that we believe their charges are disproportionate. If they could prove otherwise by providing the basis of their calculations of how they arrived at the penalty charge amount and convince us that this amount only covers their costs, then their job is done.

 

We all know that penalty charges generate significant additional revenue for the banks and that they vastly exceed the cost incurred by the bank for rejecting automated transactions.

 

With this arguement, the banks will have to bring this information to the court and show their hand

[comicmankev]

And will they be able to prove that a £35 fee covers the cost of someone going 2p overdrawn and an automated letter sent out?

 

My estimate is 50p MAXIMUM - 32p stamp, 5-10p laser ink, paper and envelope, 5-10p cost of mail boy to take pile of letters to mail room on their trolloy.

[joneshousehold]

Well the deed is done. AQ handed in today together with £100 fee. Time to nudge Trainee Solicitor I think.

 

Oh and just in case the bank or DLA staff are reading this, be aware I FULLY intend to take this to court and will willing appear to fight my straightforward case. It is you who will have difficulty - not me. If you pay up in full however....need I say more.

[Jane Austen]

Not to us you needn't. We're with you all the way.

[joneshousehold]

Yes I know you are, but as I was walking about today on the way to and from Court I just got madder and madder about the attitude of the bank and the solicitors. Felt better after I had vented my spleen when I got home! Sorry if anyone (except Abbey and DLA) took offence.

[comicmankev]

I've just checked my letter and wanted to know if it was the same as yours. Trivial really, but just shows how unprofessional these 'new' solicitors are.

 

----------------------------------------------

 

The letter finishes:

 

Yours faithfully

 

(Signed, yes signed) DLA Piper

 

 

Enc

----------------------------------------------

 

Now, I may not have done letter writing since school, but to me when it says 'Enc' at the bottom that means there should be something enclosed. Also, I could be wrong, but how does a 'company' sign a letter? Did they get the building to do it?