Lurker1 v Abbey

[lurker1]

Hello everyone and thanks to all for this website and the great advice.

 

This is my first post, I have been lurking for a while and in the process of my first claim, I have gone through the data protection request delays, eventually got the statements and a part refund for £235, LBA sent and then moneyclaim has started against Abbey for around £2500, they didnt respond within 14 days so got Judgement by default after Judgement received a letter saying they had changed solicitors to inhouse legal team but nothing else so a week after Judgement I clicked on the Warrant button on Moneyclaim and got the warrant a few days later.

 

The day I received the warrant confirmation I received a copy of Abbeys defence, two weeks later they sent through a copy of there application to have the Judgement set aside - they say there former solicitors (DLA) had faxed and sent a letter to the court acknowledging and stating they would defend the action, they say I should not have applied for the default and that they are applying for tme to pay the set aside costs.

 

I was half expecting them to apply for the set aside - still makes you angry that they use these tactics as I am sure they probably didnt send any acknowlegment as they seem to do this many times (reading other posts).

 

Reading some other posts I gave Ingra Kirkham a telephone call and gave Abbey the option of settling saying I would be prepared to agree to the set aside in return for a full set aside, she said the matter had esculated to the point that they had a court sheriff down stairs trying to take there furniture (I guess this is what prompted the set aside application), she said she would call back - which she didnt so I called her again on Monday and she said she had spoken to a senior official who said if I was willing to lower my demand of full payment she was allowed to continue to negotitate otherwise they would continue with the set aside and defend the case.

 

I am obviously very prepared to see this go all they way through the set aside and see them in court for the Judgement hearing as well.

 

Tomorrow is the set aside hearing and I want to make things as difficult as possible for Abbey, I guess I should agree to the set aside to stop any further delays especially as it sounds like they have every chance of having the Judgement set aside, but can I say anything else to get the Judge to make them either settle or produce evidance/break down of the penalty charges in as short a time scale as possible or have the Judgement hearing set soon.

 

Another point I thought about bringing up in the set aside hearing is the fact Abbey say the first they knew the court hadnt received the acknowledgement from Abbey was when they had the court sheriff turn up, yet they would have had the Judgement sent through to them three weeks before this and then the actual warrent two weeks before.

 

Any adive on what to do and say in court tomorrow would be greatly appreciated.

 

P.S. One other stupid question how do I address the Judge, should it be "Your Honour"??

 

Many thanks

[lurker1]

BUMP

 

please please please help

[lurker1]

Thanks I will look and read that, no I am based in England.

[lurker1]

Another thing came to mind, if they go through and get the Judgement set aside, can I change my claim from claiming the 8% interest to the contractrual unathorised overdraft compounded interest rate of about 29%??

[lurker1]

Bump

 

Any further help on what I should say in the hearing tomorrow??

[lurker1]

Many thanks Karnevil for the info, I had an interesting experiance in court as I have never been before (probably a good thing).

Abbeys solicitor seemed a bit of a novice he had forgot to take a copy of Abbeys defence which the Judge absolutely slaughtered him for and she also went fairly mad over Abbeys claim for me to pay there costs.

 

The Judge also mentioned she had seen many of these cases yet had only known a few that hadnt been settled before the hearing and those few cases that hadnt been settled only the claiments turned up which she thought very strange.

[lurker1]

Hi Karnevil

 

Thanks it really wasnt as scary as I thought it would be.

 

The Judge said that Abbey had to send the court the defense by Monday the 27th November and the QA 14 days after that.

 

Very annoying that Abbey can continually use these actions to delay things, I am now wondering if I can hit back at them by changing the interest from the courts standard 8% to the contracted unauthorised overdraft rate of about 29% compounded - any ideas do I just fill out form N244 to amend the amount, or is it to late to change things??

 

Any info would be very greatfully received.

[lurker1]

Thanks karnevil for the further advice, think I will leave things as they are on the interest front for the time being, if Abbey delay things more and it drags out into the new year I think then I will push the contractural interest.

 

I go the AQ form today, needs to be in by the 7th December, I will get it completed using the excellent info on this site tonight and drop it back at the court with the £100 fee tomorrow - hopefully abbey will then make me the 50% offer and follow up with the full 100% - if not I think I am looking at the new year and up the anti with regards the contracted interest.

[lurker1]

Allocation Questionaire has to be back at the court by 7thDec, I have sent mine and sent a copy to Abbey, Abbey now have until Thursday to get their Allocation Questionnaire back to the court, what would the situation be if they dont send it back in time, can tey delay things yet more with sending the AQ back late??

[lurker1]

Anyone see anything wrong in the following email:

 

***********************************************************

Re:- Court Case:***************

Dear Miss Kirkman

I would again like to give Abbey the opportunity to discuss settlement before the case reaches a court hearing, you are also reminded that your Allocation Questionnaire is to be returned to the court by Thursday 7th December 2006, you should have received copies of my Allocation Questionnaire and letter to the court via royal mail recorded delivery and a further copy of my Allocation Questionnaire was sent via email directly to you on the 30th November and again on the 1st December.

I would very much like to avoid adding to the congestion in the court system caused by all the penalty charge cases being brought against the UK banks by settling this matter before a court hearing.

If you would like to discuss settlement please feel free to contact me anytime on the following:

Telephone: ******************

Email: *************************

Post: ***************************************************************************.

Yours Truly

******************************************

CC. Copy printed and sent to County Court.

**************************************************************

 

 

My thinking is if I give them loads of opportunities to settle - and then they drag it out until much nearer the court case, I may make myself unavailable near the case and send back my bank card with a letter closing my account - so the case has to go to court and then I can either fight it out in court with them or get another Judgement by default, surely if they dont turn up a second time they wont be able to easily get the second Judgement set aside??

[sarah13]

it sounds good to me but i am no expert! Sounds like you have a good knowledge of what you are doing so keep up the good work and good luck!

[etered]

anyone have inga or christine's abbey email addreses?

 

cheers

[lurker1]

firstname.lastname@abbey.com

[lurker1]

Inga has emailed me saying she is happy to discuss settlement with me, and inviting me to make an offer I would be prepared to accept, and if it was the case that I required 100% then she would not be able to progress settlement discussions with me.

 

I sent one back saying I would accept 99.5% plus interest and court costs as a goodwill gesture - after I thought about it could this be looked upon by a judge as taking the pi55??

[lurker1]

Cant believe she just rejected my offer!!

[stan5131]

Fascinating stuff!! I nearly fell off my chair when I read that the bailiff had been in to levy their furniture. Serves them god damn right!!!

[natwesttookmymoney]

"I sent one back saying I would accept 99.5% plus interest and court costs as a goodwill gesture - after I thought about it could this be looked upon by a judge as taking the pi55??"

FOMCL:D:D:D

 

that's soooooo brilliant!

There's no reason why you have to accept anything less than 100%. You gave them ample opportunity to negotiate - preliminary request, LBA, even the claim filing and all the delays getting to court.

They could, of course, tell you what their actual costs are and you could offer to knock those off the total claim....

Then you could post the information on this site and we'd all have a good laugh.

And thorough congratulations and well done for sticking to your guns. Inspirational!

Westy

[DP1975]

[lurker1]

I emailed her again and said:

 

If the offer wasnt acceptable to you, especially as the amount is incurring interest every day then please feel free to make me an offer at anytime, I feel I have gone out of my way to avoid further court action with you.

 

Her reply:

 

With respect , an offer of 99.5% is hardly an effort to avoid court action. I am prepared to devote time to meaningful settlement discussions with you, but having received your offer of 99.5% I am concerned that this is a wasted effort. If you are prepared to enter into meaningful discussions, please let me know, otherwise I will deal with your claim in the normal course of the prioritisation of all claims being dealt with at Abbey.

 

Kind regards,

 

Inga Kirkman

 

 

Is she admitting in this reply that they have a procedure to settle all cases in order of priority as they get to a court hearing?

[stan5131]

That really means "we are really snowed under with claims at the moment due to increased awareness that our charges are actually unlawful". lol

[natwesttookmymoney]

You can even reply saying 'with respect, failure to acknowledge

court service or to act on default judgement, to the point of a sheriffs warrant being executed, does not indicate any seriousness or willingness to negotiate. You have had adequate opportunity to discuss this matter before it went to court. You chose not to do so. In the absence of any realistic offer on your part, I shall proceed with my claim. I expect to gain judgement and to receive the full value of my claim then, which will have accumulated with contractual and statutory interest."

 

Or you can simply say 'get stuffed. see you in court'.

Whaddya think?

[lurker1]

Both replies are tempting, might steal some of your points in my reply if you dont mind.

 

I am thinking of saying something along the lines of its my money you will settle 100% at some point so knocking off 0.5% plus the interest and any further court costs is a serious offer - and then go onto say I can provide many court case numbers of Abbey settling and believe you have settled every case, please feel free to correct me by providing one case where you have successfully defended against a claim against you for the recovery of your penalty charges, clearly if you cant you are just wasting the courts time.

[missphant]

hey lurker, be careful how you word your reply...it's very easy to get caught up in clever sarcastic responses, but they could undermine you if they came before a judge.

 

my advice would be to the point, so basically point out in a polite but precise message that you feel given the fact they are breaking the law by enforcing penalties on their customers you have an infallible case behind you. It was your intention to end the matter swiftly by settling early, however it appears both parties are unable to reach agreement on this matter at present and therefore you see no other choice but to continue your claim in court.

 

my court hearing was meant to be tomorrow and they waited until a week before to settle so be patient and it will get there.

[natwesttookmymoney]

Hi, Lurker

I really wouldn't get involved with justifying anything or suggesting that they won't win. We know they won't, and that they'll settle before court date, but no need to go into detail or even bother referring to it. Remember, this is a serious case - despite the hilarity you've given us, for which much thanks - so you have to be seen to be sensible. they haven't been. They've had judgement, a warrant, a visit from the bailiffs all before they took you in the least bit seriously.

I presume the clock is now running - what's next on the timetable? It shouldn't be long before you get full settlement.

And you are more than welcome to use my suggestions in their entirety, whichever you prefer!

Thansk for brightening my day and best wishes

Westy

[DP1975]

Damn Abbey