Sutherm V Abbey

[sutherm]

Yes mine was delivered by 9am next day, honestly not special treatment cuz i work there i always send them spl delivery as they are guaranteed to be delivered next working day and normally before 9am

 

Thanks - I am going to stick with the good old simple sheet! Just checked over my N1 and found a mistake so i have to re-do it glad i checked it

[sutherm]

Just an update

 

Received the standard get lost we are going to stall you for 4 weeks whilst we do nothing letter. Due to File my N1 this week. The court opening times are during my work hours, does anyone know if I can just post my N1 rather than taking it?

[jules1973]

Hi Melissa,

 

I believe you can post it, give the court a call to ask who the cheque needs making payable to

[sutherm]

Thanks Julie

Just a little concerned as i am trying for remmision of costs ? Think I will give them a call before I do anything, better to ask than get it wrong

 

Don't suppose you have heard anything back from your E mails last week?

[jules1973]

Hi Melissa,

 

Nope not a thing, but then dont expect to, I just basically sent it to show the judge that I tried to settle, but they didnt want to know, hopefully it will look favourable in the judges eye.

 

Once I issue the N1, I will send another one 2 weeks later, again so it looks good to the judge that at least one of us was trying to save the courts wasting their time.

[sutherm]

Sounds good to me !

 

I have one cut and pasted ready for after I have submitted the N1, so me too will look like I am trying to resolve before court:D

Hope the judge appriciates my efforts

[dburrell55]

Hi,

I have registered with the court online and have just seen that abbey are submitting a defence, i thought it mite be a good idea as you send to send a letter encouraging them to settle, is there any formal letters i cam crib of ??? im not guna get my hopes up but, fingers crossed.

[sutherm]

Hi dburrell55

 

Try this from Jules1973 thread but tweek to your own specifications, It's worth a try

 

Good Luck

 

Dear xxxxxxx,

 

 

I thought it only courteous that I write to inform you that I will be submitting my claim for the return of penalty charges applied to my account, at The xxxxxxxxx Court on xxxxxxxxxxxxxx.

 

However, I am aware of the vast number of claims with which you are currently dealing with, therefore, in order to more speedily resolve this matter, I am willing to accept the sum of £xxx, to bring this matter to a close, therefore, limiting further expense to both parties. I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

 

I hope to hear from you later today so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter without their intervention.

 

However, should I not hear from you, or the sum of £xxx has not been transferred to my account, by (I will give 7 days), then I shall continue with my claim, as I am fully prepared to take this through the judicial system.

 

For your records, I enclose another copy of my schedule of charges. I look forward to hearing from you.

[dburrell55]

thanks for that. i dont suppose it will get anything done, but its got to look good when it comes to court.

[sutherm]

Just an update

 

Filed my N1 on friday Yippee, Very nice people at the Courts I must say!

 

Here I come Abbey I want my money back

[jules1973]

Hi Melissa,

Glad the court staff were friendly, Lets hope with the recent threat of judges wanting to use cases as a `test case`they will start settling out of court a lot quicker.

Hope you enjoyed your day off and the hairdressers went well.

Julie

[sutherm]

Thanks, day off was well worth it to have my hair put right (tried to dye it myself and it went horribly wrong !!)

 

We can hope, just hope it's not my judge that wants to go down that road

[jules1973]

:lol: glad they got it sorted for you.

 

I already have my letter typed ready to email/post, if they send me their defence along with the standard 65% offer.

[sutherm]

Got my Notice of issue yesterday, Abbey have until 16th July to respond

 

The waiting starts now I suppose, don't know about the 'patiently' bit tho LOL

[jules1973]

Melissa

 

Have Abbey acknowledged your claim yet?

[sutherm]

Hi Julie

 

No they haven't, they have until the 16th and i suppose they will wait till then just to be a pain in my but !LOL

 

Melissa

[ohoh4312]

Hi there

 

Just reading your thread, and we are at exactly the same stage, so I thought it would be good to compare notes along the way, as they say! It will be interesting to see if both our claims follow the same route, but I suppose a lot of that depends on the Judge in question.

 

No acknowledgement here either - hoping and praying they don't to be honest.

 

Sick of waiting - Monday seems like a lifetime away!

 

I have subscribed to your thread and will await updates eagerly, and let you know of any developments my end.

 

Best regards, and have a great weekend if I don't "speak" to you beforehand!!

 

Jo xx

[jules1973]

Tick Tock time is ticking for Abbey, Hubby is going to walk to court on wednesday if abbey/court havent sent a copy of their defence by the time the post arrives on wednesday morning.

[sutherm]

Hi Jo, Today is the day, fingers crossed we can hope !

 

I will subscribe to your thread too so we can compare notes

 

I will give the courts a ring about Wednesday to see if they have replied or not, I'm not too sure if I should get anything direct from them in the post or if it comes from the court, I'm sure Julie will point me in the right direction

[sutherm]

Well I had my letter from Courts yesterday stating that Abbey had acknowledged, so they now have 28 days from 11/07

 

I also had a standard letter from Abbey offering me a GOGW of £90 WOW, I think I will do my standard letter to them telling them I will have it as part settlement and I will be going for the rest through the courts!

 

Melissa

[ohoh4312]

Well I had my letter from Courts yesterday stating that Abbey had acknowledged, so they now have 28 days from 11/07

 

Melissa

 

Morning Melissa

 

I too received the Notice from the Court yesterday, and as I understand it, the 28 days runs from "the date of service of the claim form," not the date of acknowledgement.

 

Therefore the defence has to be submitted by Monday 30th July:D - not too long to wait for the next step then!!

 

I won't be around next week to check on latest developments - maybe I'll get back from hols to find a nice fat cheque on the doormat - if only!!!

 

Best regards

 

Jo xx

[Lula]

yep, Jo is right ;-)

[sutherm]

Thanks Jo & lula

 

I have drafted my letter that I robbed from jules1973 (Thank You) Could someone just le tme know if it is OK to send? Much Appriciated !

Response To Your Letter Dated 5th July 2007.

 

Thank you for your letter dated 5th July 2007 which I received 19th July 2007 offering a goodwill gesture of £90.00. I respectfully decline your offer.

 

You may not have been aware that I commence legal action against you for the full amount plus interest and costs on 29th June 2007 with Dudley County Court, and would therefore ask you to now refer this matter to your legal department for further instruction. (Claim number 7DD02701)

 

I wish to stress that I do not accept the £90.00 as full and final settlement of my claim and the money that you transfer into my account should not be viewed as my acceptance. I hereby authorise you to remove this sum accordingly within the next 14 days.

 

Alternatively, should you wish to settle my claim in full, then please forwards the balance of my claim to date £ 2866.22 without further conditions and I will inform the Court that the claim is settled.

 

I enclose copy of charges, 8% interest (calculating daily) plus court costs spreadsheet.

 

I trust this clarifies my position.

 

Yours faithfully

 

 

 

 

Miss M Sutherland

[sutherm]

Morning Melissa

 

I won't be around next week to check on latest developments - maybe I'll get back from hols to find a nice fat cheque on the doormat - if only!!!

 

Ah Ah You can dream, they are not that willing or should that be 'Giving'

Keep us posted! Have a good holiday !

 

Melissa

[sutherm]

Hi Could someone please have a quick look over my letter to reject the GOGW I want to get it out to them as soon as poss!

 

Thanks