abbeys defence filed - what now?

[lgreenwell]

HI

I just received Abbeys defence to my claim, which amounted to estimated charges of about £3200. They have offered GOGW of £1600 - half of claim. However they say it is subject to me having received any refunds or goodwill paymentsin respect of the sums claimed.

 

The problem I have is that I am willing to accept the £1600 but they have already refunded £140, this was before making a court claim and the schedule of charges was altered to reflect this when it was sent with the MCOL.

 

Has anyone had any contact with Abbey at this stage to clarify that the amount quoted will actually end up in my bank account?

 

any advice gratefully received

thanks

Lu

[Michael Browne]

If you accept it is a racing certainty that Abbey will only pay you £1460. If you're happy with that, then fine.

[Gemmamark]

HI I am in the exact same situation and after speaking to Inga Kirkman I am told that I will receive the full amount offered which arrived with the defence papers (I was previously refunded £700 but told this will not be taken from my new offer) so hopefully you should receive the full £1600.

I am yet to see if what I am told is true though, money should arrive sometime this week.

Good luck

 

Just make 100% sure that your claim was ammended to show the reduced total after your original refund.

[lgreenwell]

Thanks

I just wanted to know also if it was worth contacting them to see if there could be any negotiation with the offer - I don't know if any one has done this????

 

thanks again - sorry who is Inga Kirkman?

Lu

[Michael Browne]

I just wanted to know also if it was worth contacting them to see if there could be any negotiation with the offer

 

Just suppose that Abbey are reading this (and we know all the banks monitor the site), they'll be rubbing their hands at the thought of saving £1600. What I don't understand is that you seem more concerned about the £140 than the £1600 you're relinquishing.

[Gemmamark]

Inga is the solicitor Abbey are using on my claim, their defence to my claim was filed by her. Not sure about negotiating a bigger offer but maybe somebody else can help you with that.

[Michael Browne]

Not sure about negotiating a bigger offer

No, nor am I, but then I still believe in the tooth fairy!!

[Lula]

Hi Lu, I helped a friend out when this happened to her I advised her to write a letter back to abbey stating that this is acceptable as a "full" amount bearing in mind that she had already informed the court of monies already receied back, but if you hold out you will get all of your money back, just send them a letter back that you would be willing to accept all of your claim back including court fees and of course these figures have already taken into account the GOGW

 

sneaky buggers aint they

[Armsoft]

HI

I just received Abbeys defence to my claim, which amounted to estimated charges of about £3200. They have offered GOGW of £1600 - half of claim. However they say it is subject to me having received any refunds or goodwill paymentsin respect of the sums claimed.

 

The problem I have is that I am willing to accept the £1600 but they have already refunded £140, this was before making a court claim and the schedule of charges was altered to reflect this when it was sent with the MCOL.

 

Has anyone had any contact with Abbey at this stage to clarify that the amount quoted will actually end up in my bank account?

 

any advice gratefully received

thanks

Lu

 

 

How long after they acknowledged your claim did you receive the defence?

Interested as waiting to receive their defence to my claim

[zigvsam]

hmm.. its now apparent to me that there are lots of defence cases now going on. mine included. its good to know its not just me tho. id also like to hear about the time periods from abbeys acknowledgement to when you have actually recieved your defence ( should it be within the 14 days given?).

 

Also there seems to be a trend with regards to 2nd offers being made at that point when you recieve their defence... how many have recieved these 2nd offers when you got your defence?

 

cheers

[Lula]

Hi Zig, dont know about a 2nd offer, but I have just received a copy of their defence with a 50% of claim, not including costs offer, guess what I am going to be saying

[Kerrie78]

Me too Lula, today I got defence with 50% offer but no costs mentioned. Do I have to phone or write to refuse the offer?

I posted on my own thread but there has been no response yet. Do I just wait for the AQ.

Also in answer to Zigvsam, Abbey acknowledged on Day 14, then defended on day 12, cos day 14 for me would have been yesterday, so they filed the defence on Fri. I received papers this morning.

[Lula]

Kerrie, I have to admit to emailing my reply and asking for a read receipt to prove that he read it LOL was there anything in your letter re statute of limitations?

[Kerrie78]

Hi, I don't think so, the main paragraph was:

 

Your claim is for the refund of xxx in bank charges and interest. As a matter of goodwill and without any admission of liability on Abbey's part, Abbey will offer to pay you half your claim, that is xxx (which it isn't, it is lower). This would be in full and final settlement of your claim. This offer is conditional upon Abbey National Plc veryfying the charges sought in your claim. In addition, any amount of monies refunded to you relating to the charges claimed will be offset against this settlement offer.

We hope that you will regard this as a very reasonable offer in the circumstances and a genuine attempt to reach an amicable settlement of your claim.

If you are prepared to agree to our settlement proposal please sign and return the enclosed copy of this letter. (They sent me 2, wish I could sigh both and they didn't realise and paid me twice! That would be getting very close!).

[fuzzgun19]

I have had the same letter kerrie.

 

What do we do now? Send them the 'Rejection of settlement' letter in the templates?

 

I also havent had any reply to my thread..

[Kerrie78]

I think I will send an amended rejection of settlement offer because I think the template is more to do with goodwill offers before you have got to the court stage.

My letter says 'if I accept then sign & send it back', it makes no reference to if I don't accept, so I am just going to send the AQ back when it arrives. I will also put in my letter that although they say they offered half, they didn't really and this seems to be a ploy to catch people out.

I think, especially at this time of year some folks will feel the need to settle for half and that's what Shabby are hoping for. But my thought is that If I have been without for the last 6 years then a couple more weeks isn't going to hurt.