Charges refunded. But they now want them back.

[Jacqueline07]

Have you received this info. via a letter marked "Without Prejudice"? If so, the courts can't take this into consideration, can they?

[LordLee]

Have you received this info. via a letter marked "Without Prejudice"? If so, the courts can't take this into consideration, can they?

 

Sorry... my mistake. You're correct, it is a Without Predjudice Offer. And it could not be considered in court, until a judgement is passed.

 

I was just paranoid that if Abbey did show up in court and a judgement was reached, then the judge can look at all the without predjudice letters and make a decision on a the amount settled.

[LordLee]

I've decided to leave any decision till the stay is over (tomorrow Thursday 28th) then make a decision. If i choose to gor for the lot... is there any danger that i'll miss this offer and not get a penny? That's all i'm really worried about.

[LordLee]

After serious thought... and working out that i would be actually missing out on over £560 (inc. daily rate interest)... i have decided to go for the whole amount. I hope this isn't risky after a 90% offer.

 

So the stay is over today... what's my next move? Request disclosure from Bank and Court? Do i have to phone the courts?

[LordLee]

little bumpypoos

[LordLee]

Maybe give the court a call and check with them what the next step is ? Tell them you havent reached an agreement with the defendant.

 

OK i called the court today. I have to just put in writing that neither party can agree and I wish to proceed. I also sent a letter to Abbey's solicitors today asking for standard disclosure, and repeating my offer of accepting everthing apart from the dailt rate of interest since filing the claim.

 

Now i'll write to the court asking the judge to assist me in asking abbey for disclosure so i may prepare my case.

 

I've just turned down over £5000... i hope this works!

[jonni2bad]

Keep the faith

[LordLee]

still heard nothing from the courts after informing them i wish to proceed... tick tock tick tock...

 

getting a little concerned. but hanging in there...

[LordLee]

OK... advice needed.

 

Had a starnge letter today informing me (and all parties) that Abbey were changing Solicitors and it would no longer be DLA Piper but Abbey were representing themselves. No documents were inclosed informing me where any correspondance should now go.

 

Can anyone tell me if this delays the process in anyway? Is it another delay tactic?

[lesser1010]

not so sure that it will delay any because they would have to apply to the court for an adjournment if your hearing was close and they weren't up to speed.they've got an enormous amout of work on their plate now remains to be seen if they can manage it all.

[sbb1979]

I think that it could be a good sign......

 

Isn't it a bit possible that Abbey are realising that they are paying out on all of them in the end anyway, and are in the process paying a fortune in legal costs. Maybe they're now going to take it in house and just pay people sooner!

[ellemmjay]

Just for info guys I think the address for Abbey Litigation Department is as follows:--

 

Taken it off copy letters received in response to my SAR - see separate thread when I get chance to type it in 5

 

Abbey House

201 Grafton Gate East

Milton keynes

Bucks

MK9 1AN

 

e mail - litsection@abbey.com

 

Phone 0845 6018216

Fax 01908 343667

 

might be worth checking it out first but this was dated late 2005

 

Hope it helsp

 

Elle

[LordLee]

Also receiveda letter today from the courts informing me my cashas been allocated to the small claims and will tke place in my local county court.

 

I have to deliver copies of all documents which i intend to rely on in court to all parties. A hearing will take place on a date to be fixed.

 

So... how long is this gonna go on for? I guess depends on how busy the court is. So back to how long is a peice of string! Sigh.....

[LordLee]

Still not received any correspondance from Abbey with regards who i now correspond with and at what office, now they have fired DLA PIPER their solicitors.

 

Aren't they legally advised to do this? Is anyone else in this situation?

 

(Update: Just discovered the other threads about it... will read)

[LordLee]

Getting a little tired waiting now. And keep thinking of the 90% offer i turned down. Not sure if that even stands now Abbey have got rid of DLA Piper. It seems to be taking an age. End of June i started all this... i'm starting to get paranoid that i'm neveractually gonna see a penny.

 

Just another question... when the courts ask for all documents which i intend to rely on in court, presumably this just means copies of the letters i sent Abbey of the solicitors plus the spreadsheet of charges? Or does it have to be copies of my bank statements? Also do i include 'without prejudice' offers and letters?

[boatgirl]

I've still had nothing LL, no offer, no correspondance, no nothing. Got the letter saying that Piper's have been dropped but nothing further. I have reiterated my offer to the Abbey, with a 14 day deadline for receipt of payment if they want to settle. My court date is set for 29th November, so one way or another not long to go now.

[LordLee]

i don't even have a court date yet. yet i got a letter saying all evidence i wish to rely on needs to be sent to all parties no later than 28 days before the court date. so i assume it will be at least 28 days before they set a date.

[boatgirl]

not good, it seems these things are starting to go down different tracks dependant on which court it is. I'll keep you posted on when mine gets settled.

[LordLee]

still no court date. and i've been away and not yet sent my copies of evidence to be relied on in court. however as there is no court date yet i guess it doesn't matter. unless they are waiting for my documents before setting a date? anyone know if this is what they do?

 

anyway will be sending them off shortly.

 

i've just been trying to find one letter tha has gone astray on my computer. it was a letter before action with a statement concerning 'disclosure of manual intervention'. as i used the template from here i tried downloading it again. but although i found the letters.... the paragraph about manual intervention appears to have gone? have i gone mad?

[LordLee]

thanks karnevil. i have received a letter from the court about a month ago asking that documents i wish to rely on be sent to all parties no more than 28days before the hearing. then says my case has been allocated to the small claims track and a date will be set shortly. so they must be expecting a date to be a lot longer than 28 days from them sending the letter.

[boatgirl]

Just spoken to a lady at Abbey, very nice she was too, and agreed a settlement figure of £1150. If you want to hurry it along give complaints a call on 0845 600 6014, they're actually very helpful.

[jonni2bad]

In fairness, most banks would be willing to settle at that stage if they can reduce their losses by several hundred pounds, but there are not many people willing to give up such a sum, thankfully.

 

If they are willing to offer everything, then that's another matter altogether....

[sbb1979]

SB

[LordLee]

Newsflash!!!

 

Got a court date today! 7th of February 2007. A grand total of 8 months after i started all this.

 

I'm happy a date has finally been set... but not so happy it is 2 months away. OK... i'm prepared with my documents and the court bundle from bookworm. So i'll now send copies to the court and to Abbey to show them i mean business!!! I hope that will induce some kind of reasonable settlement. In the meantime I will continue to try and get hold of that contact at Abbey head office to settle this.

 

So... a case of 'phew' mixed with a bit of 'grrrr'.

[LordLee]

I believe this is the full hearing. I glanced over it very quickly. Will double check this eve.