Rockhag V Abbey.

[rockhag]

I didn't include the gogw in my claim and today I recieved a letter from Abbey saying they are offering a 65% of my total claim (I'm claiming for £1648.12) which is £1071.28 if I don't take the court action any further. It also says that any amounts of monies already refunded to me will be offset against this settlement offer so does that mean I would get the 65% minus the £300 I recieved last year even though I'm not claiming for that £300???

 

They've also included a copy of the defence documents as well and well I'm a bit lost as to what to do now so any advice would be well appreciated.

[charleyfarley]

RH,

 

abbey would include that £300 in their 65%.so you wouldn't get 65% of your current claim...it would be 65% less the £300.

 

look in here for on ethat suits your situation

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

number 5 or 6 i think

[rockhag]

They acknowledged my claim at the beginning of the month and they've got till Monday or Tuesday before their 28 days run out so if I send the letter off today I doubt they'll recieve it in time.

 

Should I put on my letter that the full amount of charges was +£300 so that 65% would have been more than what they were offering???

[rockhag]

I've just looked on the moneyclaim website and they've entered defence. Needless to say I'm really nervous now.

 

Does my letter look ok?

 

June 28, 2007

 

Abbey National PLC

PO Box 297

Bradford

West Yorkshire

BD1 4YR

 

Re: Account number xxxxxxxx

 

Response to settlement offer.

 

Dear Sirs

 

Thank you for your letter dated 26/06/07. I respectfully decline your offer of full and final settlement.

 

You may not have been aware that I commenced legal action against you for the full amount plus interest and costs on 30/05/07 and I would ask that you now refer this matter to your legal department for further instruction.

 

I wish to stress that the payment I received from yourselves in September 2006 was as a good will payment due to yourselves not supplying the information I requested back in April 2006 and came about after an investigation by the Information Commision. The goodwill payment was for a years worth of charges and so I deducted that amount from the total amount I am owed and am now claiming the remainder. I never signed anything and this payment was not viewed as an attempt of settlement.

 

Should you wish to settle the remainder of my claim in full, then please forward the balance of the claim (£1648.13) without further conditions and I will inform the court that the claim is settled.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

 

 

Rockhag.

[rockhag]

If someone could check my letter for me I'd really appreciate it.

[ohoh4312]

Hi rockhag

 

In my humble opinion, your letter looks absolutely fine to me, but maybe add a timescale for the settlement - 7 days perhaps?, and then say something like:

 

Should I not receive settlement within the above ((timescale)) then please be advised the Court proceedings will remain in force, for the full amount of my claim including interest to the date of judgement, plus any fees incurred.

 

Hope that helps

 

Jo xx

[rockhag]

It does. Thankyou very much Jo.

[rockhag]

Letter sent today as above but changed the last paragraph to:

 

"Should you wish to settle the remainder of my claim in full, then please forward a cheque for the balance of the claim (£1648.13) within 10 days and without further conditions and I will inform the court that the claim is settled."

 

My case entered defence today so what shall I do now??? :?

[ohoh4312]

Hi rockhag

 

I don't know!!

 

I think all you can do is start negotiations re settlement once the 10 days are up from your last letter.

 

Having read loads of threads here - instead of doing the housework - they file a defence as standard practise, but it means jack s**t in the long run !

 

Have you received a copy of the defence, and their bog-standard 65% settlement offer, which seems to be the norm at the moment?

 

Oh gosh can't help you much at the moment, but supporting you all the way.

 

Lotsa luv

 

Jo xx

[rockhag]

Yep I've recieved a copy of their defence. And my claim has entered into defence now. I have to write back (I'm assuming) to tell them that I do not want 65% and I want the full wack which is what this letter is to say.

 

I haven't sent it off yet tho so...

 

I'm doing it on my way home tho.

 

Thankyou for the support tho. :)

[rockhag]

Letter was sent off and the 10 day's are now up with no reply and the other day I recieved a letter from my local court with the questionare I have to fill out.

 

I'm getting really nervous about all this.

[Lula]

relax, they wont talk to you till you have a court date or significantly reduce your offer, so fill in the Aq and take a look at the top of the forum at the sticky about Abuse Orders, send that with it and fill in the relevant bit in the AQ. more pressure lol

[rockhag]

Allocation Questionaire along with notes sent back to local court today and I have also sent a copy to Abbey.

 

Never did get a reply from the last letter I sent them either.

[rockhag]

I've sent copies of the draft and notes to be attatched as follows. Can anyone tell me if this looks fine?

 

Louise Mallan & Abbey National Plc

Claim No: 7QZ79675

 

N149 Allocation Questionnaire

 

 

Section G - other information

 

If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order.

 

I believe the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously.

 

If the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. Further, the proposed directions are now routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts.

 

As the law relating to contractual penalties is long established, I believe the outstanding issues to be of fact. Accordingly, I would respectfully request that this claim is allocated to the small claims track, and estimate that the hearing of the claim should last no longer than one hour.

 

 

 

 

 

 

In the Northampton County Court

Claim number 7QZ79675

 

 

Between

 

LOUISE MALLAN - Claimant

 

and

 

ABBEY NATIONAL PLC - Defendant

 

 

 

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

 

* a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

 

* b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

 

* c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

 

* d) Copies of decided cases and other legal materials to be relied upon.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

 

* a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

* b) Whether such charge is accepted to be a penalty, and if not why not;

 

* c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

 

* d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

 

* e) Any witness statements.

 

* f) Copies of decided cases and other legal materials to be relied upon.

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

Also my litigation details are:

 

rockhag v Abbey

Claim No: 7QZ79675

Amount: was up to £1551.40 fines + £120 court fees + £100 fees after today and interest from 27/04/07.

Sunderland County Court

Date to be ascertained.

 

Is there anyway I can calculate my daily interest charges too?

 

Thankyou.

[rockhag]

Could someone please check my last post as I need to drop the AQ off by Friday.

 

Thankyou.

[rockhag]

Well I'm just going to have to send the above. Hopefully it's ok.

[rockhag]

Well today I recieved the letter saying that Abbey were intending on asking for a stay on my case. If it happens or not who knows.

 

I wanted to ask however. How long after handing in the AQ should I wait for further instructions for the court as I need to know when to start getting my court bundle together.

[rockhag]

Today I recieved a letter from the county court saying that it is ordered that:

 

1. Stay pending the outcome of the cases heard on 27th July 2007 in High Court.

 

2. Liberty to either party to apply to restore.

 

So does this mean I can ask the court to restore the case as I am in financial hardship at the moment?

[house_atreides]

bumping for the little lady..

 

anyone help us out?

 

[Lula]

you can ask but with the OFT case so close now, it is likely that you wont get a date before the end of January, you can always email abbey and try to appeal to their better nature

[rockhag]

bumping for the little lady..

 

anyone help us out?

 

 

Thanks.

 

Are you in the same position??

[rockhag]

you can ask but with the OFT case so close now, it is likely that you wont get a date before the end of January, you can always email abbey and try to appeal to their better nature

 

I have no idea what I would say in an email what with what I've had to pay in court fees. Would I have to add those into account as well as interest as well as the original amounts???

[rockhag]

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