ICY -v- Abbey

[reka]

ooo wait till gary sees this, he will be in bits lol how common can a name like inga kirkman be?

 

wxactly, and doing exactly the same job!! hmmmmmm

 

(she likes to run apparently...have a look on google)

[cassie2006]

ICY (I'm sorry) I replied to your post with a "knee jerk (no comments please:p ) reaction.

 

It's up to you form here................... We are all behind you whatever you decide...................... Every penny is a WIN:D

 

Cassie

[bonnie0852]

Decisions Decisions ICY!!!! Only u can make that decision! Id hold out for the lot but if you need that money now.................

 

xx bonnie xx

[katsbubb]

Icy, I have also had a reply from her she states she will not up my offer. I have e-mailed her back and said no don't know if it's the right decision as I could really do with the money. Good luck with your claim

[ICY]

I dont have a clue still, my heads mixed up, i dont want to accept it as i feel i should stand and fight, but on the other hand i would be happy to book our honeymoon next week, decisions decisions ....

[kia]

id turn it done icy cos they offer these amounts to tempt you xxkia

[ICY]

Well thats it, I have decided, i now know what i am gonna do

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BUNDLE TO BE PREPED TOMORROW

 

I just hope i dont regret not taking it now, i could do with this money by end of august to book honeymoon, hope it doesnt take longer than this

[reka]

Well thats it, I have decided, i now know what i am gonna do

BUNDLE TO BE PREPED TOMORROW

 

I just hope i dont regret not taking it now, i could do with this money by end of august to book honeymoon, hope it doesnt take longer than this

 

WOOOOO HOOOOOO, go for it, its your money they have, get it all back!!

[kev2b3]

well Icy its your decision in the end. I am sure everything will workout fine.let me know what happens.

[ICY]

how much would you have got if it went through small claims?

 

at the moment it is £2105 (inc interest and court fees) however the costs of preparing the bundle will need to be added onto this figure and of course the rising interest, plus probably the AQ fee,

Am i right in thinking it is now that i am preparing the bundle that i can claim the litigant in person 9.25 per hour preparation costs, do i need to do a seperate spreadsheet to show these costs/hours worked

 

I would just like to say thanks to everyone on here for thier continued support, believe me it really does make a difference.

[ICY]

How does this sound as a reply to her, does anyone have any views on the following oor can think of anything to add in to show how unreasonable she has been

 

I acknowledge your offer of £1783.93, however i feel this amount is too low, i am claiming interest from you at the rate of 8% and not at the publicised unauthorised overdraft rate you would charge me of 28.7%, therefore i think i am being perfectly reasonable in my request for £2000

As you can appreciate had i charged you the rate for taking my money which i have not authorised you to do so then this figure would be much much greater.

I am also reclaiming the court fee already paid, and as you are unwilling to come to an amicable agreement i am going to start work on preperation of the bundle, for which i will also be claiming litigant in person costs for the time i have spent in preparing the document, and also for all consumables used in the process.

 

Until such time as Abbey Plc discloses verifiable information concerning its true losses incurred (if any) as a result of my contractual breaches, I will contend that the exorbitant charges which have been so liberally and indiscriminately levied to my account are unenforceable in their entirety.

 

Upon disclosure of such costs information I will of course be happy to amend the value of my claim accordingly, in order that both parties may be in the same position as before the breach occurred - in accordance with the principles of common law upon which my claim is based.

 

I feel it unfortunate that you are not willing to accept my offer to prevent this matter going to the court, and as such i will look forward to receiving a copy of your bundle when directed by the courts.

If you do believe the charges are lawful then please provide me with a breakdown of the how the charges are made up, as i have asked previously, i will also be requested the judge directs disclosure from Abbey of the make up of the charges.

 

 

yours ...

[andypal]

Hello Icy!

 

I think that you are almost there. Looking back at all the successfull threads, Inga will have no choice but to accept defeat and give you 100% settlement. My fingers are crossed for you and just take it easy.

 

Andy:)

'Don't get mad get even'

[glad]

Go for it ICY- hopefully Inga will see sense and offer you the full amount.

Good luck:)

[ICY]

i am going to start work on the bundle now. and even if she does then settle i will be claiming costs on top, including all postage so far, plus each and every letter sent so far (is £5 a fair cost to ask for to prduce and send letters) think i better get down to staples today and get a couple of reams of paper, and another ink cartidge as i think i will run out once i start copying all these docs

 

Am i right in thinking that even if she offers settlement to an amount i am request can i still claim costs to do this bundle or should i wait till she replies to the above email

 

Also am i being fair by preparing the bundle now, as they have submitted a defence all-be-it a proforma defence also the schedule of charges i have put together should i make sure this reads the same amount of interest as when i first submitted the claim? or from todays date which will show a higher figure obviously

 

see i did say i would need a wee bit of help preparing the bundle lol

[ICY]

and can i also include in my bundle the email i sent to inga re settlement as i didnt mark it wop however her reply was marked wop so i know i cant include that.

Sorry for all the questions

 

 

ooh i just turned into a gold account customer, so whats my new credit limit on here lol

[ICY]

I have confused myself now with the questions all in different posts so will put them all together

 

1. Am i right in thinking it is now that i am preparing the bundle that i can claim the litigant in person 9.25 per hour preparation costs, do i need to do a seperate spreadsheet to show these costs/hours worked

 

2. Is this ok to reply ito ingas offer

 

I acknowledge your offer of £1783.93, however I feel this amount is too low, I am claiming interest from you at the rate of 8% and not at the publicised unauthorised overdraft rate you would charge me of 28.7%, therefore I think I am being perfectly reasonable in my request for £2000, I did give Abbey the oportunity to refund the charges before this came to court, however all you were willing to offer me was £100 which has been refunded to my account, therefore I believe I am being perfectly reasonable in my request and have been up to this date.

As you can appreciate had I charged you the rate for taking my money which I have not authorised you to do so then this figure would be much much greater.

I am also reclaiming the court fee already paid, and as you are unwilling to come to an amicable agreement I am going to start work on preperation of the bundle, for which I will also be claiming litigant in person costs for the time I have spent in preparing the document, and also for all consumables used in the process.

 

Until such time as Abbey Plc discloses verifiable information concerning its true losses incurred (if any) as a result of my contractual breaches, I will contend that the exorbitant charges which have been so liberally and indiscriminately levied to my account are unenforceable in their entirety.

 

Upon disclosure of such costs information I will of course be happy to amend the value of my claim accordingly, in order that both parties may be in the same position as before the breach occurred - in accordance with the principles of common law upon which my claim is based.

 

I feel it unfortunate that you are not willing to accept my offer to prevent this matter going to the court, and as such I will look forward to receiving a copy of your bundle when directed by the courts.

If you do believe the charges are lawful then please provide me with a breakdown of the how the charges are made up, as I have asked previously, i will also be requested the judge directs disclosure from Abbey of the make up of the charges.

 

 

yours ...

 

3. Is £5 per letter sent an appropriate amount to ask, or is there a reccomended amount?

 

4. Am i right in thinking that even if she offers settlement to an amount i am request can i still claim costs to do this bundle or should i wait till she replies to the above email

 

5. Also am i being fair by preparing the bundle now, as they have submitted a defence all-be-it a proforma defence

 

6. the schedule of charges i have put together should i make sure this reads the same amount of interest as when i first submitted the claim? or from todays date which will show a higher figure obviously

 

7. and finally you will be glad to know: can i also include in my bundle the email i sent to inga re settlement as i didnt mark it wop however her reply was marked wop so i know i cant include that.

 

 

all help is appreciated;)

[reka]

 

3. Is £5 per letter sent an appropriate amount to ask, or is there a reccomended amount?

 

 

7. and finally you will be glad to know: can i also include in my bundle the email i sent to inga re settlement as i didnt mark it wop however her reply was marked wop so i know i cant include that.

 

 

all help is appreciated;)

 

I think as you are "litigation in person" you can ask for £6.50 a letter. I did and judge was fine with that.

[reka]

in respect to interest, the one you submitted with your N1 will be on file, i included a schudule of charges with interest accurate to the day it was due in court. It stated "This document will be accurate on the 07/06/07 only" and was highlighted

[ICY]

thanks for that reka

[ICY]

email sent to Inga

[jules1973]

[Originally Posted by ICY

7. and finally you will be glad to know: can i also include in my bundle the email i sent to inga re settlement as i didnt mark it wop however her reply was marked wop so i know i cant include that.

 

 

all help is appreciated:wink:

ICY

 

You can include the email you sent INGA, I sent an email to complaints dept and didnt mark it WOP offering them an amount I would settle for before I delivered my N1,and I was very kindly told by LULA (thanks again LULA:D )that this was a good thing it wasnt marked WOP, as it will show the judge you have tried to settle with the Abbey.

[clarion48]

Hey Icy,

 

Saw your post on my thread earlier re the court bundle.

 

Gary H has put some really helpful info on my thread to assist me getting my court bundle ready, which has to be in on Thursday. Have a squizz when you've got a mo - it's good stuff!

[ICY]

Will do clarion thanks, spent all day preparing my bundle and still not finished, can anyone tell me which are the relevant bits i need to include in the bundle re: UTTCCR 1999 or should i put the whole document in

 

also same with UCTA do i need any particular sections or should i include it all

 

the supply of goods & services act again which bits or all of it ???

[ICY]

Someone please please please help, this is all i am waiting for to complete the bundle now

[srfrench]

My advice ICY for what it's worth is to include as much of it as you understand. This involves you reading through it time and again to familiarise yourself with what it all means.

 

Believe me it starts to make obvious sense once you've read the main parts a couple of times.

 

So all of it if you want a definitive answer!