Charges refunded. But they now want them back.

[LordLee]

Well Abbey submitted their AQ on the 20th August (taking it to the wire). Can anyone share any stories of how quick their court date was set? Or if Abbey made any offer (other than 50%) in the meantime, and how long it took?

 

This process looks as if it could be the longest of all...

[LordLee]

Little bump...

[boatgirl]

You're at the same stage as me, I'm 3 days behind you as the deadline for my AQ was 23rd August. I've still not heard anything from DLA Piper, but I'll post in here as soon as I do. Would you do me the same favour and let me know when you hear anything at all in my "Bring it on... BG vs Abbey" thread?

[LordLee]

You're at the same stage as me, I'm 3 days behind you as the deadline for my AQ was 23rd August. I've still not heard anything from DLA Piper, but I'll post in here as soon as I do. Would you do me the same favour and let me know when you hear anything at all in my "Bring it on... BG vs Abbey" thread?

 

Of course!

[boatgirl]

Thanks. I'm getting so frustrated with all this, when you know the money is coming and they're just dragging their feet, I'm gearing up to buy a car with the money and it's just taking so long!!

[LordLee]

Okeydokey....

 

Received a letter from the courts. Standard order for stay for settlement with consent of all the parties.

 

Basically this has ****ed me right off. A district Judge has ordered my claim be stayed till 28th September so both parties can attempt settlement. If an agreement cannot be reached on or before 12th October I must notify the court it's been settled. Or either party can ask for an extension of the sat or....... (and this really annoys me) both parties must complete an AQ at the court.

 

I've already done a AQ.

 

What the hell is this sh*t?

[boatgirl]

Oh well, I guess I wait for the same thing then, looks like we might get our money sometime around xmas FFS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[LordLee]

thanks karnevil. not sure whether to try and speed things up by making a 'without prejudice' offer of, say, 5% less. or just to hold tight. i've sent a message to pjdudley. but his claim was for significantly less and i'm not sure if this matters.

[purp72]

Hi

I am in a similar position with Abbey - my AQ went back on 12 July and a stay was ordered (with no time limit!) by the judge (on his own initiative). Mine is (apparently) dependent on the outcome of another case at Cardiff County Court and I'm still deciding what to do. However, there is some useful information about trying to get stays overturned on this thread.

 

http://www.consumeractiongroup.co.uk/forum/general/18903-stays-still-being-ordered.html

 

Hope that this helps

Purp72

[keren29]

oh dear. One of my AQ's was due back on 28th Aug and I've heard nothing more from the court of Pipers. I wonder if they will order a stay for me as well.....and I've got another claim where the AQ isn't even due in yet.......groan.....

[pjdudley69]

PJ is a she I've replied to your PM LL, hope it helps, and best of luck!

[LordLee]

I have decided to write to Abbey's solicitors with a Without Predjudice offer... just to be seen to be doing something constructive.

 

All i'm gonna do say i will acceot the full amount minus the £1.15 a day interest that has been building. As this amounts to about £90. This will still leave me approx. £5700 odd. And i will only accept this offer and cancel court action if i receive a cheque within 7 days of the letter and the funds clear.

 

Waddaya reckon?

 

Also... i keep meaning to ask... Does anyone reckon the banks come here and checkout what we're up to next?

[boatgirl]

I've just spoken to the court as I've received nothing since the AQ. They say it has come back from the judge and I should be receiving a letter this week. Will keep you posted. I will follow suit and send a without prejudice offer to settle too if I get the same.

[LordLee]

I've just spoken to the court as I've received nothing since the AQ. They say it has come back from the judge and I should be receiving a letter this week. Will keep you posted. I will follow suit and send a without prejudice offer to settle too if I get the same.

 

Well... don't offer for much less. And stick to your own terms. Good luck!!!

[LordLee]

Well... the 7 day deadline of my offer to DLA is up (if i count 7 days and not 7 'working' days).

 

Obviously i've heard nothing. I may wait till 7 working days are up... depending on my mood. But after that i will take Karnevil's advice and write to the judge asking for abbey to disclose their charge structure so i may 'prepare my case'. Hope fully this will push a court date.

 

Any other suggestions? (I've in the situation of a 'Stay' at the mo till 28th September)

[boatgirl]

I've had a court date through this morning, my hearing is set for 29th November. The court must be busy what with all the bank charge claims being filed

 

I've sent an offer to the Abbey, valid for 7 days from today. Will let you know what happens.

[LordLee]

well abbey's time is up for the offer i made during the stay... they (abbey's solicitors) did not ven respond. i will now request the whole amount and write to the judge asking for disclosure so i can prepare my case.

[LordLee]

Dunno if anyone can help... but my brother who has studied various aspects of law has said that before i write to the judge asking for standard disclosure, i should ask Abbey (or Abbey's solicitors) first. As the judge will expect me to do so...

 

Any ideas?

[philread1]

Hello LL

 

I'm no law person, but that does sound reasonable, especially with the sort of claims we are doing. The judge will almost definately know that you will ask for disclosure, so by forwarding a letter to shABBEY, it may give them an unexpected kick up the backside and show them that you mean business and get them to cough up a bit quicker!!! (You never know;) )

 

All the Best

Phil:)

[sbb1979]

I think that this sounds reasonable. The judge will always want to see that you've tried to resolve this all without him and are therefore using the court as a last resort. It will also let them know more quickly what your intentions are.....

 

Good luck!

[LordLee]

OK... need some advice now guys. DLA Piper have finally offered me something worthwhile. They have offered me 90% of my charges... plus the interest on the 90% of the charges, and all costs. They have not offered interest at a daily rate, although this is what i dropped in my offer.

 

So... i'm being offered £5182.39 as opposed to £5649.49. £467.10 less than originally claimed.

 

This of course is tempting... as it's all gone on so long. However £467.10 is more than some peoples claims.

 

I am unsure what to do. The 'Stay' issued by the court is up this Thursday 28th Sept. But as we all know a court date could be months away.

 

Also... assuming i accepted, they are saying they will get a cheque paid into my Abbey account. I do not want this as due to there mistakes and charges, i'm overdrawn at the moment and am using a Natwest account. I assume i can demand where the cheque goes?

[traceyrmj]

eeek i have read your thread, i had no idea the court could take so flippin long

the cash offer is substantial and you could make it a condition of acceptance that it will be paid by cheque only or you will consider the debt unpaid IF you accept. i guess it goes down to how skint are you? can you afford to wait for the extra £500, if you can then i would (i intend to do so some 3 months away as i have just sent my prelim so seeing this from the skinny end) again it has to be up to you but i think they have offered you this to try and force your hand, you didnt say they could have any of your money and you should get it all back it is only fair and right. if it were me id email back asking for full disclosure of the costs involved in the penalties you have been victim to and state that you are preparing your case for court. you consider their offer to be generous but you consider your claim to be just and will see it thru to full repayment and a day in court if that is where their clients want to take this.

obviously im not a lawyer and its £5k so i may look at it differently if someone waved that much cash at me but thats what i recon anyway.

[sbb1979]

I agree Tracy.....it is a lot of money to be offered, but £500 is a lot to give up. Obviously up to you which you accept, but I'm sure that they would pay it to you as a cheque if you asked.

 

Well done getting this far! I'm probably a month or so behind you, so watching this with interest.

 

Good luck.

 

S

[purp72]

(i intend to do so some 3 months away as i have just sent my prelim so seeing this from the skinny end)

 

Just a word of warning generally about time scales - I sent my prelim back in April, AQ went back early July and, 6 months on, still no nearer to hearing date (as I have a court ordered stay on my proceedings).

 

LordLee - I would try to stick with it if you can afford to. The 10% that Abbey are keeping back equates to approx. £2.50/£3.00 per paid/unpaid item, which still seems on the high side when you think about the amounts bandied around on this site eg. £0.50 - £1.50 - for what are fully automated processes. The threat of a hearing date (even if it is some time in advance) might be enough to nudge Abbey up some so I certainly wouldn't accept until after the stay has expired.

 

Once the stay expires, do you need to do anything to "re-activate" the proceedings, or will it automatically go for listing? It might be worth phoning the listings office of your County Court to make sure that it isn't overlooked and to see whether you can be given an early date (on the basis that you've already had to sit and wait during the stay) - you can but ask....

 

Purp72

[LordLee]

thanks guys...

 

although, for me, this is a tough decision. i really could do with the cash... but £467 is a lot of money. but then again, the court date could be months away.

 

plus... won't the court look 'unfavourably' on me refusing this offer?