Ive won *£6494.93* Ive won (LIP v Abbey)

[lostinparadise]

Hi Caro,

I dont know what you mean? Do you have a link to Jonnis thread?

 

Should i email them to say i have received this money?

 

Ill write to the court to the effect that i have received payment from shABBEY but that i have not accepted this in full settlement.

 

I havent told them in writing that i accept this amount. My last email stated that i would only accept the full amount which included costs.

 

mmmmmnnnnn.....

 

LIP

[caro]

Forget it LIP. Don't do anything. Don't email to say you received the money, and don't worry about writing to the court. Your last email was spot on so nothing to worry about.

 

Jonni's case was about default removal so don't worry about that either.

 

As I said I was being pedantic, but I really think that everything is as it should be and it's up to the court now.

[lostinparadise]

ok on its Karn.

If i move the money its as good as saying i accept right??

LIP

[cadencealex]

You have won this Lip in my opinion, and well done you!!!

 

As a previous poster said, the court may award something to Abbey if you persist with this, so really weigh up if you want to persevere with this issue of costs. How much are the costs outstanding?

 

The court may not view this favourably IYSWIM

[lostinparadise]

Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrreat!!

 

Im confused.

 

I think i dont have any choice now but to carry on. If i had known this yesturday then i wouldnt have continued!!

 

Lets see what the judge says.

 

I have tried to talk to Ingar with regards to costs since Weds but she did not call me back or email as promised. I called and spoke to Christine she said she is no longer dealing with my case and then to James, and i think even to Tom Cummings. They all said they passed on the message but nothing.

 

I have asked for the case to have directions by the judge. I am annoyed...very annoyed, but i no longer wish to speak to shABBEY.

 

Thanks for your help and getting back to me Karn.

 

Ive paid £275 for the listing and £65 for the application. Total of £340.

 

Doesnt the fact that they failed to honour an order provided by a judge count for anything in this?

 

If i Win/lose i will still be quids in anyways, as the costs are capped at £750 for Fast Track So onwards and upwards.

 

LIP:-? :-?

[lostinparadise]

cool.

one more thing...

....remember cleared funds were not available until today. The day after the court deadline to return pre-trial docs.

..and they were paid into an account that the defendent could just as easily remove funds from. (i.e. their own).

...and they failed to provide standard disclosure

.....and they make me sick.

ok more than one thing..:-|

LIP

[caro]

I think we're all just dotting the i's and crossing t's LIP. You stand firm and you know we'll do all we can to help you if needed. You haven't withdrawn your claim with the court and Abbey haven't supplied the documents. In fact you have taken the claim a stage further so I would say they are on a sticky wicket. And you've got a healthy bank balance.

[lostinparadise]

Ok im feeling a bit apprehensive today.

If i have any letters to prepare for the court/scABBEY i hope someone can let me know over the weekend.

As for the money they have deposited...can i or cant i do anything with it on Monday?

Thanks all for your help so far.....

LIP:)

[Pnut K's]

I would just like to add my support. You were not in receipt of the settlement by the deadline. In order for the settlement to be valid it would have to be clear funds that you have access to, you had no option but to proceed.

 

Having read many posts on this forum, I cannot help but think that the timing of the clearing of the cheque was not an accident, and I do not doubt at all that they would have had the ability to stop that cheque had you not carried on with the claim.

 

I find it quite insulting that they are willing to waste money (i.e. extra court costs) in order to try to out psyche their customers. they know they are in the wrong their method on this is to try and make it as unpleasant as possible to try and put people off, not gonna work through because it is all going to fade into insignificance compared to the big smile you'll have when you have WON!!!

[caro]

I don't think they will take the money away from you LIP but I would also hold off on a spending spree. I just think that if Abbey try to say you have settled by accepting the money, and you can show you haven't settled and still have it, you will be in a stronger bargaining position. Have you got a separate account that you could hold the money in for now to avoid temptation.

 

Sorry if that isn't the answer you wanted. But it's your claim your money and you must do what is right for you.

[lostinparadise]

Hi Caro,

 

I used £1850 ish of my money to pay off my shABBEY overdraft to ensure they had no leverage over me at the end of Oct. (Avoiding Default, another claim to remove the default etc.). All access to the account was taken away except for in person access. On Fri i went into the branch to arrange to take the entire sum out on Mon and at the same time ordered an ATM card.

 

I paid £340 court fees on Thurs by cheque. so i dont want this to bounce and wanted to transfer some cash into my other account to cover this.

 

Ill just have to try and cover this amount by some other means....just wanted to make sure thats all.

 

BTW...i have not even a minute in the day for a spending spree....lol. Between my job, exams and shABBEY i am totally maxed out for time.

 

Ill leave it all there then til this is sorted. (my brothers laptop will just have to wait!!)

 

Thanks for your support Pnut K's

LIP

[kippy2]

hi lip dont want to scare you :o but have you read the thread re truro court about distress with another abbey claim...please dont think i am trying to put the doldrums on just wanted you to know about this you have come so far...great.

[kippy2]

thats great then...phew...i should know about fast track!!!

 

truro one yep indeed greedy....didnt realise it was for that!

 

sorry lip didnt mean to panic you

[lostinparadise]

I read that thread too, its not the same at all.

Just to be clear, I only want to get back what the grABBEY owe me. Like i said before i have already won but they have been stubborn on the issue of costs.

As Karn has pointed out i am entitled to claim these on Fast Track. Im sure they would not hesitate were it the other way round.

I have been chasing shABBEY for the last eight months. The costs i am claiming back are minimal in comparison to what it has actually cost me.

I have been bullied and intimidated by grABBEY. This is the end bit of my fight and i dont really have anything to lose is the way i feel.

Even though they have paid what theyve paid, I have nothing to be grateful to them for, after all it was my money in the first place.

Quite frankly its disgusting the way they are abusing the court system and treating people. Im just hoping my Judge sees it this way too.

LIP:rolleyes:

[kippy2]

omg sorry lip...didnt mean to upset you....yes yes i know you are entitled to costs me not reading that other thread properly:o and in anycase i should know as ive been in fast track myself.

 

so go girl get your costs back:D

[lostinparadise]

Its cool Kimmi;) , im not upset just want to make sure peeps are clear about why this next stage has come about....and its definitely not out of greed, Its about what im entitled to in terms of costs.

 

LIP:)

[bish]

Screw them for every penny, just like they screw us. Greed is not a word or for that matter an issue for the majority on this site. Pay back or Justice are the key words for us. Greed is one of the 7 deadly sins, I am sure no one on this site is guilty of that. The same can not be said about our adversaries, I am sure they are breaking just about all of the sins. If God exists then God help them all. Next week I may bring football into the equation, may as well bring all the taboo subjects into the fore. (only joking).

 

Regards bish.

[AppleCrumble]

lostinparadise

just had to say well well done, I've just spent a good hour or so reading your thread and I really admire how hard you have worked!!!!

i am just starting out on claiming back from abbey, I think it will be about £1100, just waiting for the rest of my statements . I really want to do this, claim all the way through, but am quite daunted and scared.

- I am a lone parent and had a year of unemployment a couple of years ago and had such a hard time, when all of my benefit would get taken by the abbey because I had gone something silly like £5 overdrawn (I applied for an overdraft facility as a buffer but of course they wouldn't let me have it), leaving me with no money for food or bills and stuck.

 

So, reading your thread has really, really inspired me. And I think you (and all the people like you on this site) are making it so much easier for others like me, by your fight showing the banks that they can't just keep treating people like rubbish.

 

so a big well done and congratulations :D :D

[lostinparadise]

Hi All

Nothing exciting to report....just thought id mention the waiting for the court directions is driving me nuts.

All that dosh in my account and i cant touch it yet. LOL.

Cant wait til i can. im dreaming of a big shopping spree now......all sensible ideas are out of the window....January sales.....ahhhhhhhhhhhhhh...ok ive woken up.

Karn, have you had any feedback on my costs??

Let me know....

LIP

[kippy2]

damn there was me thinking great shes done it!!

[lostinparadise]

Hi All

I have received a notice of hearing of application this morning.

Its for 1st Dec @12pm. Couldnt have come at a worst time.

Can you please help and let me know what i need to prepare for this. It follows an application i made as follows:

 

RE: LIP V’s Abbey National Plc

Case Number: XXXXXXX

Draft Order

I LIP (the claimant) intend to apply for a draft order that:

Abbey National Plc (the Defendent) have not provided Standard Disclosure as requested in an order by District Judge XXXXXXX on Thursday 28th September 2006 sitting at Guildhall Buildings, Basinghall Street London.

District Judge XXXXXX ordered that:

3) Disclosure of documents shall be dealt with as follows:

a) The parties shall give to each other standard disclosure of documents by serving copies together with a disclosure statement by 4pm on Thursday 19th October 2006.

b) Any request to inspect the original of a copy document shall be made by 4pm on Thursday 26th October 2006 and any such request shall be complied with within fourteen days of receipt of the request.

This information is still outstanding from Abbey National Plc (the defendant) and has still not been provided to LIP (the Claimant).

I signed an affidavit at the Court on 20th October 2006.

The claimant therefore requests that the defence is struck out, and judgment ordered by default. The charges and interest have now been paid into my account and the funds are awaiting clearance, but the issue of costs is still outstanding as the defendant was unwilling to meet all of the costs involved, despite the case being allocated to the fast track. I enclose a list of all costs to date, which I would appreciate the court ordering Abbey to pay if deemed appropriate.

A copy of a signed affidavit from myself, the Claimant is attached to this draft order.

I believe the facts stated in this Draft Order are true.

Signed:

LIP

Dated: 16th November 2006

 

OK i just need to know what to to prepare and take. If i need to amend my costs what should i take with me. What do i need to say and do.

Its at the same place as last time, so at least i know what the court looks like and what to expect.

I wont be able to check this thread until tonight.

HELP!!!

LIP

[caro]

Any extra costs and receipts maybe but I agree with Karny. I think you've done all the work now and it's up to the Judge.

[bish]

Good hunting LIP, THEY ARE ON THE BACK FOOT, just need to deal the final blow. Best wishes.

 

Regards bish.

[kippy2]

omg lip what a day 1st dec!!!!!!!!!! they did that on purpose :o maybe the judge will hear from court the noise CAG will be making! seeing as you are a Londoner!

No seriously massive good luck for the day. I cant be in London for the rally and serious p.ss up! :o so will watch out for your post on the day x

[caro]

Can you come and join us at the OFT when you've finished LIP? Kick off is 1.30 - 2.00 I think.