James33 Taking On Abbey

[charleyfarley]

J..........I just can't believe how unreasonable they're being with your claim.

 

They never cease to amaze me with their attitudes:(

[bungleboy]

HELP!!

 

I called the customer complaints yesterday for a 4week promised update. I have received an email from Inga Kirkman asking me NOT to call them as the complaints is now with the legal team.

 

So i mailed her back telling her that if she was to respond to her mails and gets her team to answer the phone, then maybe I would not have to do so.

 

She then mails me back in a real snotty attitude telling me that Abbey will be filing their defence.

 

All i wanted was an early settlement!! lol

 

I'm now ****** myself!

 

Any advice, to make me feel better or any suggestions i can mail her back with?

[jules1973]

Bungleboy

 

If you put your post #152 onto your thread, then people will be able to help as this is James33 thread. Abbeys defence will be standard, probably with the 65% settlement offer. They seem to want to talk to you when it is nearing the court date. Dont panic, you will be fine.

 

James33

 

Have you heard anything today?

[bungleboy]

OMG !!

 

Inga has just come back to me!! She has told me that if I wish to make an early settlement offer? She also stated that she advices approx 45% of the total im claiming!

 

I told her not to be so silly! however i would accept £2500 rather than the £2,900.....

 

I have heard nothing back yet!! will keep you informed!

[JAMES33]

Bungleboy - that sounds a bit more promising! Hope you hear back soon. I could have settled a couple of weeks ago if I had accepted their offer of £7200 but my total claim is around £7800 so I didn't. If you are prepared to accept a few hundred pounds short of your total claim you might be in luck. Wishing you all the best - let us know if you hear anything:)

[JAMES33]

Hi Jules, no news as yet, phoned court (again!) this morning but still got the same answer, my claim is still with the judge and as soon as it's listed I will receive a letter. Will still phone every day though, could wait several days for a letter - thanks for asking though - how's your claim going?

[bungleboy]

James,

 

I hope she comes back to me!! was this the same scinario as yours?

 

Do you think she's likely to come back? If she don't what do you reccommend?

 

Fingers crossed she does? Mind you sound like a very strong type of guy!! good luck m8ty!:?

[JAMES33]

You have got a good chance I think, if she doesn't get back to you try Louise.Jacobs@ashurst.com as she seems to be using this email address at the moment.

 

BTW I know my nickname on here is James33 but I'm all woman! Glad to know I sound like a very strong guy though, perhaps you could persuade Inga to think that too, it might help my claim!

[bungleboy]

LOL!!

 

I'm sorry James....my love!!

 

Yes I must admit, I thought you were a man!! I'm sorry!!!

 

Well lets hope she comes back! I shall include Louise Jacobs in my next e-mail that I send. Like I said, she asked me to forward an offer to her in the region of 45%, thats trash!! I have deducted £899.22 off my claim, I have told her that I would accept £2,400 rather than £3,299..!!

 

I think I have compromised in a big way!! If she comes back with a no, then I most definately will not accept any thing less than the full ammount!

 

Fingers x'd for us all....good luck James have a nice day!

[jules1973]

Hi Jules, no news as yet, phoned court (again!) this morning but still got the same answer, my claim is still with the judge and as soon as it's listed I will receive a letter. Will still phone every day though, could wait several days for a letter - thanks for asking though - how's your claim going?

 

Hi

 

Hope you get a court date soon, then maybe Inga will start talking seriously to you. I hear from another thread that inga has a new email address Inga.Kirkman@ashurst.com

 

Inga Kirkman, Senior Associate Solicitor, NSW

 

Ashurst

Broadwalk House

5 Appold Street

London

EC2A 2HA

 

Tel: +44 (0)20 7638 1111

Direct: +44 (0)20 7859 2770

Fax: +44 (0)20 7638 1112

 

Abbey have until Monday to acknowledge my claim, if not I will apply for judgement of default (knowing full well that they will probably apply for this to be set aside, citing that they didnt receive the claim). they seem to be doing this quite a bit lately.

[bungleboy]

OMG!!!!!!!!!!

 

I did it! I did it!

 

Inga has just mailed me accepting my offer of £2,400..! Im well chuffed!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Although it has taken over 17 e-mails in the past 24 hours!!

 

Good Luck to all........i'm now going on the razz !!! lol

[jules1973]

CONGRATULATIONS - I cannot believe they have agreed to pay you out, especially as you havent even got a court date yet.

 

Can you post up the email you sent her, that way it may help others who are at the same stage as you. once again WELL DONE:D

 

looking back at your previous posts, I can see now why they probably settled, as you knocked off quite a bit off your claim, but then I guess you dont look at it as £899.00 lost, but £2400.00 of your money you never expected to see again. WELL DONE for your perserverance with emails. good on you

[bungleboy]

Morning Inga,

I assume that yesterday's email conversation may have come to a halt. Regarding the e-mail in which you sent to me yesterday requesting that I put forward an offer of my expectations.

I'm sure that you will recognise that the sum of £2400 is a huge saving to Abbey, this figure most certainly is a very distinct commercial advantage!! I'm sure that there is a "queue", but one less not taking legal action against Abbey surely is another advantage to yourselves.

If we can settle this today with the figure of £2,400, I shall cancel all legal proceeding that I have against you Today! But I shall most Definitely not accept anything less than this sum in the near future.

If you wish to continue and accept this offer, please let me know.

 

then:

 

inga,

I am very surprised that you have again ignored this proposal. I am fully aware that you are acting on behalf of Abbey, But you know as well as I do Inga, My proposal to you is infact an excellent negotiation to get this settled out of court and the judge will see this in my favour.

I really am getting tired of trying with you, This will be my last mail to you. All the correspondence e-mails have been saved for my court bundle. If you decide to either ignore this proposal or wish to decline and put me "back in the queue" I shall NOT even think about talking to you or any of your colleagues when you decide that it's time to pay-up (which will be just before the court date) !

This will go to court, I will win, and you will pay to me the full amount, court cost incurred plus the 8% Interest.

If I were you I would look closely at what I have proposed to you .

 

[jules1973]

Well done

 

Can you post up their response.

 

I had a chuckle at your emails sent to her, I would never of had the nerve to put what you did, guess I am a little too reserved. Maybe not sending softly softly letters to them does work. Did you and Inga mark the emails WOP?

[bungleboy]

I call the customer complaints..the next day:

 

Dear Sir,

 

This is not the Complaints department. We are a legal team dealing with your court case. The above CMS number can not be tracked to your legal claim. There is significant confusion being caused by reason of the fact that both Complaints and Legal are trying to deal with your case. Could you please make a decision about how you wish to proceed, either by way of Complaints or Legal, and withdraw either your Complaint or your Legal Claim.

Kind regards,

Acknowledgement!

I intend to withdraw nothing! I have called to complaints on numerous occasions always to be told that my claim is being dealt with by the legal team. Each time I'm informed that it's the legal team not corresponding with them (or with me for that matter)!

To me Abbey is Abbey whether its the complaints/customer services/HR or the cleaner's broom cupboard. Perhaps if the legal team were to answer e-mails and perhaps answer their own telephone calls then the complaints team could then be bypassed. Teamwork works wonders...

Inga, I was told that I would have an update to my complaint within 4-weeks, Abbey have yet again not done so!

I refer to your paragraph " Make a decision on how you wish to proceed"..........Perhaps abbey should practice what they preach!!?

I can not give you an update on your complaint. I can only advise you on the status of your legal claim, though I would expect you are aware of this status having received notices from the Court etc.

 

To this end, my apologies, but I can't assist with your complaint.

Yes of course I have the notices from the courts. This was served to you on the 11th June, In which you are given 28days (Mon 9th July) to give your defence. What I don't understand Inga is why after all of the letters and fax's that I have sent to your offices, no-body seems to be able to assist..

A few weeks ago I was willing to negotiate with Abbey so that we could have come up with a solution that we both would have been satisfied with, but even this was ignored. I do accept the fact that you are probably over-run with this type of complaint, but I really don't like being told one thing by one person, and something totally different by another.

So with the Information given from yours

As explained, I am only dealing with the legal claim. In respect of that legal claim, Abbey's acknowledgement of service and defence will be filed in accordance with the Civil Procedure Rules.

Should you wish to discuss your complaint (as opposed to your legal claim) you can ring 0845 600 6014.

 

OK, Thanks Inga..

I am a little confused with the process of inhouse abbey, But I do wish to keep this comlaint with the Legal Team as I realy do think that this is now Obvioustly the only way forward.

The little correspondence from yourselves have been saved and will be placed in my court bundle. I have tried to negotiate on numerous occasions now, but with little effort from Abbey.

Delaying and non compliance on your part will most definately go in my favour!

Dear Sir,

There has been no delay or non compliance by my team in relation to your legal claim.

Thanks for the response!!

1) Abbey took 62 days to get my bank statements to me

2) 5 fax's sent to the customer complaints team

3) 4 recorded letters send to the customer complaints team

All of which have no correspondence. !!

4) 10 e-mails have been sent to yourself dating back from the 13th June, with only 5 responses 3 of which are from today's date.

5) 17 telephone calls to the customer complaints, all of which being told that the legal have my complaint. (names, dates, have been recorded)

If I'm not mistaken, this is non-compliance !

And it's not your team I'm taking to Court it's Abbey as a company.

Without prejudice"

After the commencement of your legal claim Abbey has 14 days to acknowledge your claim form and a further 14 days to file its defence. This time has yet to expire. If you actually want the legal claim resolved at this very early stage of the legal claim, I invite you to put forward an offer. Having said that, to deal with your legal claim ahead of its proper place in the "queue" of legal claims there must be a very distinct commercial advantage to Abbey National Plc in doing so. This is the only way that we can be fair to all of our customers. To give you an indication, claimants are compromising their claims by 45% to achieve a speedy resolution.

 

and then refer to the above reply!!

[jules1973]

Do basically she reckons people are generally settling at their 65% offer, we know that is not true, maybe they should look at the threads here which show most are rejecting their insulting offer. I wont settle for anything less than 80-85%.

 

Go out and enjoy yourself

[petcat]

Wicked. These are such great emails especially the bit about the broom cupboard!well done for your sheer determination.

[bungleboy]

Cheers Folks!!

 

If I can assist with anything else...let me know! I have loads more e-mails too!!

 

But most important is to keep on pestering them, I call them at least once a day for an update!!

 

Good Luck to all x:)

[jules1973]

James33

 

maybe after paying out bungleboy she may pay you out. fingers crossedxxxx

[dave]

Could you please make a decision about how you wish to proceed, either by way of Complaints or Legal, and withdraw either your Complaint or your Legal Claim.

 

 

What a cheek!

[bungleboy]

Oh yes she certainly has some cheek !! lol

 

 

Like I say..pester them !!!

[JAMES33]

Have really enjoyed reading your emails Bungleboy - I can see where I have been going wrong - far too polite!! I have sent her three emails this afternoon and evening, and will continue to bombard her in the hope that she will eventually crack as she did in your case;) I received a letter from the Court yesterday, but unfortunately it wasn't notifying me of a strike out due to abuse of process as I had hoped but asking for evidence to show that the account was joint as apparently the only evidence I had provided was in my name - what a bummer!! :-? Send the necessary evidence off recorded yesterday afternoon and will call court again in the morning to see if they have any news. At least I know which Judge is dealing with my case - District Judge Parry - has anyone else on here had any dealings with him?

[bungleboy]

good for you James.....

 

You realy must bombard her!! This is the advice i took, and look where it got me...!

 

I realy do hope that you get yours gets sorted soon James, it's been a long hard battle for you hasn't it looking at your threads!!

 

And stop being so polite to her, why should you? Abbey have stolen your money and you want it back....GET IT!!

 

Good Luck james...keep us informed !

[JAMES33]

Well, no good news for me yet:sad: finally received the following reply from Inga a few minutes ago after bombarding her office with about 15 emails over the past few days:-

 

"Without prejudice"

 

Dear Madam

 

Thank you for your email.

 

Each claim is assessed on its individual merits. Many claimants have discounted their claims up to 65% to seek an early resolution. Unfortunately, your offer of settlement does not meet such a level as to be commercially palatable to our client. In view of the information contained herein, if you are minded to reconsider your position, I am more than happy to revisit your claim.

 

Inga Kirkman

Senior Associate

Solicitor, NSW

Oh well, just have to hope the court has some better news for me in the morning. Got a feeling I shall be waiting till end of August for my settlement now - was really hoping to treat us all to a nice holiday in the summer too.

[jackson five]

Hi all, i would like to take on the abbey.don't know where to start. HELP