Fuzzgun vs Abbey

[Guest louis wu]

You could try calling the court as well, and just quote your claim no, and see what happens, thay may just tell you what you want to know. It wont hurt to try.

[fuzzgun19]

Today received a letter from the Debt collector (dealing with this abbey account debt), saying they have been authorised to accept a 50% payment to clear this debt (£780).

 

Do you think Abbey have instructed them, knowing that the charges refund will cover it?

 

The debt collector has said in the letter this 50% offer is only available for the next 5 days. I cant see abbey sending a cheque within that time.

 

I wonder if they would still accept the 50% AFTER the 5 days has expired?

 

I am considering using savings to pay this off, then replacing the savings when the charges refund comes through... Dont know whether to risk it as what if Abbey pay into the un-used account?

 

Could someone help me with a letter insisting Abbey pay by cheque?

[fuzzgun19]

Today received a letter from the Debt collector (dealing with this Abbey account overdraft debt), saying they have been authorised to accept a 50% payment to clear this debt (£780).

 

Do you think Abbey have instructed them, knowing that the charges refund will cover it?

 

The debt collector has said in the letter this 50% offer is only available for the next 5 days. I cant see abbey sending a cheque within that time.

 

I wonder if they would still accept the 50% AFTER the 5 days has expired?

 

I am considering using savings to pay this off, then replacing the savings when/if the charges refund comes through... Dont know whether to risk it as what if Abbey pay into the un-used account?

 

Could someone help me with a letter insisting Abbey pay by cheque? How do I word it?

[REG SINGH]

Hi.

It Depends If Your Debth Was Sold Then You Could Do Your Way But If It Is Within Shabbey Then They Will Deduct The Outstanding B/l From Your Total Charges.

As My Debth Was Sold And Shabbey Deducted The Remaining B/l From My Total Claim. Iam Still Happy About It When I Recieve My Chq I Will Ask Dc To Rectify My Record To Settle. Hope This Help.

[fuzzgun19]

Thanks Reg! Abbey Sold the debt to the debt collector, as I sent abbey a DMP letter, due to financial difficulties just before I started with this bank charges process.

 

I would love to just pay the DC the 50% to get rid of the debt, but i don't know when/if Abbey will send a cheque...

 

Could anyone help with regards to the 'letter insisting on a cheque'

[REG SINGH]

Hi

At What Stages Are You Now?

[fuzzgun19]

I submitted the court bundle on the 2nd feb (the latest date). Had no word from Abbey or their bundle, despite me sending them a letter asking if they want to negotiate a settlement.

 

How likely are they to pay into the account even though it's not being used?

[mariejader]

I would keep an eye on the account, who knows what Abbey will do

[fuzzgun19]

So, can anyone help with the letter?

[REG SINGH]

Hi,

Ok You Submitted Your Bundle To Court And Shabbey So It Means You Have A Court Hearing Date Most Likely You Will Recieve Your Chq By Your Court Date Do Not Panic Just Wait ,your Case Mirror To Mine Read My Thread

[Glenn UK]

Fuzz

 

Simple thing to do if you wish to pay off the debt is to simply write I insist on payment by cheque.

 

If you don't have a debt owing to them, then they have no right to pay the money into an account. if they make you an offer before court which is likely make it a conditions of accepting that offer.

 

Re the settlement, when you have agreed the settlement figure, send them a cheque for one pound more.

 

Send the cheque with a letter saying herewith for the sum £xxx.xx with a further consideration in respect of the full and final settlement.

 

Its written in law that a creditor cannot be forced to accept less for a debt than the full amount, however, there are exceptions and one of those is giving some 'consideration' in respect of the full and final settlement.

 

Basically it means you buy the full and final bit by paying more than they are settling for.

 

HTH

 

Glenn

[fuzzgun19]

Just received the following email from James Arrandale -

 

Thank you for your email, and apologies for any delay in responding to you. I would welcome the opportunity to speak with you with a view to settlement negotiations: my telephone number is 020 7756 4306.

 

Kind regards,

 

James

 

 

 

I have prepared this reply, does it sound ok?

 

Dear Mr Arrandale,

 

Thankyou for your response to my email.

 

I am still in a position to negotiate a settlement, however I an only willing to do this in writing via email or letter.

 

My court bundle was submitted on 02/02/2007 incurring extra costs, and this should be reflected in the settlement.

 

I await your response in writing.

 

Regards

[fuzzgun19]

Just received the following email from James Arrandale -

 

Thank you for your email, and apologies for any delay in responding to you. I would welcome the opportunity to speak with you with a view to settlement negotiations: my telephone number is 020 7756 4306.

 

Kind regards,

 

James

 

 

 

I have prepared this reply, does it sound ok?

 

Dear Mr Arrandale,

 

Thankyou for your response to my email.

 

I am still in a position to negotiate a settlement, however I an only willing to do this in writing via email or letter.

 

My court bundle was submitted on 02/02/2007 incurring extra costs, and this should be reflected in the settlement.

 

I await your response in writing.

 

Regards

 

I want to do this in writing, as I'm doing it on behalf of hubby and he wants nothing to do with it really.

[Rooster-UK]

Looks fine.

 

It's always better to keep it in writing as then you have proof of what has been said and you don't have to rely on memory which, of course, can be contradicted.

 

Good stuff.....you're almost there.

 

Regards, Rooster.

[fuzzgun19]

ok Thanks. is this better?

 

Dear Mr Arrandale,

 

Thankyou for your response to my email.

 

I am still in a position to negotiate a settlement, however I an only willing to do this in writing via email or letter.

 

My court bundle was submitted on 02/02/2007 incurring extra costs (paper, ink cartridges, packaging & postage and hours of my time), and this should be reflected in the settlement.

 

I await your response in writing.

 

Regards

 

Any suggestions welcome!

[fuzzgun19]

I have sent the above response to James Arrandale by Email. Hopefully it won't be another 3 weeks before he responds..

 

As Abbey havent sent me a copy of their bundle, I am due to send the 'Strike out' letter tomorrow Thursday 15th Feb.

 

Should I still send this letter, or wait to see how James Arrandale responds?

[fuzzgun19]

I had an email from James arrandale yesterday (after 3-4 weeks waiting 4 a response) saying he's willing to negotiate a settlement. I replied saying I was too, but only in writing.

 

My question is, as Abbey havent sent me a copy of their bundle, I am due to send the 'Strike out' letter today Thursday 15th Feb.

 

Should I still send this letter, or wait to see how James Arrandale responds?

[fuzzgun19]

ok thanks Karnevil, I will send the letter today.

 

Should I send a copy the strike out letter to abbey aswell?

 

Keep you posted!

[fuzzgun19]

On the strike out letter it says -

 

"I wrote to the defendants solicitor on **/**/** to request that it serve the Defendents documents at its earliest conveniance. I have received no response to this correspondance."

 

I dont remember sending this letter, was I supposed to? Have I messed up?

 

Please could someone help with this asap, I need to send the strike out letter today..

[fuzzgun19]

I am just going to send this letter with this paragraph missed out, as I didn't know I was supposed to write to Abbey requesting they serve documents.

 

Here is the letter i'm going to send -

 

"Dear Sir/Madam,

 

Me -v- Abbey PLC

Claim No:******

 

I, the Claimant, refer to the claim as detailed above and specifically the order made by district judge J E Mainwaring-Taylor dated 3rd January 2007.

 

I wish to inform the court that the defendant has not complied with the order in that it has not served upon me the evidence, or any such documents, on which it intends to rely at the forthcoming hearing.

 

I can confirm that my documents were filed on 2nd February 2007 and served to the Defendant on 2nd February 2007.

 

It is submitted that the Defendants non-compliance creates a significant imbalance between the parties in light of the forthcoming hearing, which I believe to be contrary to the overriding objective. This imbalance is particularly exacerbated by the fact that the Defendant is represented by specialist solicitors, whereas I am a litigant in person.

 

Accordingly, it is respectfully suggested that the court may be minded to make an order pursuant to Rule 3.4(2)© of the Civil Procedure Rules.

 

Yours faithfully"

 

Can anyone tell me if I need to send a copy to Abbey?

[jhynes]

Hi Fuzzgun19

It looks like abbey are playing us at the same game. They failed to comply in my case with the orders of District Judge Brown. I wrote to the judge requesting it to be struke it out. The Judge issued them with a judgement or order giving abbey a further ten days to comply with the original order of 8.1.07. Again abbey failed to comply so I am now entitled to enter judgement, this I have done today.

 

So hang in there the end is near!!

[bish]

In go the bailiffs then, seems abbey are getting snowed under with the claims. I think the share holders should be concerned. I do not think that the return on their investment will be to good for the next few years.

 

Regards bish.

[fuzzgun19]

Thanks jhynes & bish.

 

I have emailed James again and did a copy to Inga for good measure last night to try to get some response.

 

Do you have to fill out a form to get judgment, and where do you get it from?

 

Do you think I should let Abbey know about the strike out letter?

[jhynes]

Thanks jhynes & bish.

 

I have emailed James again and did a copy to Inga for good measure last night to try to get some response.

 

Do you have to fill out a form to get judgment, and where do you get it from?

 

Do you think I should let Abbey know about the strike out letter?

I completed an N225 which the court sent out to me, but you can download a copy off the hmc website.

 

Good luck.

 

j:)

[kenneth014]

hi fuzzgun

 

I was in a similar situation as you, i had a debt with abbey for £1300 - but have since found out they have sold that to a debt collector. I was initially claiming £3097 plus interest. My deadline for abbey to submit the court bundle was last thursday. They didnt submit of course. However i have emailed james prevously saying i would accept 90% of my total claim, interest and cost to date, which was about £4000. I said that this would need to be paid by cheque and cleared before the full hearing date. Yesterday he replied saying abbey have accepted my offer and would be writing to confirm this to me.

 

So maybe if you state exactly what you want, this may give them a reason to settle. If you want to wait till the actual court day they will settle in full anyway im sure. In my case i didnt want the hassle of taking time off work to go to court - and the irony is that initially i only asked for the £3097 less the £1300 I owed them. It was only their stupidity and arrogance that led them to paying me £4000 !

 

PS ..If I dont get my cheque in time looks like im off to court anyway wth my letter from abbey and their offer to pay