Oddfellow vs Abbey - 100% ish offer received

[Glenn UK]

Persoanlly i suspect that you would be on dodgy ground to refuse because they dont admit liability.

 

They have offered to settle and since there appear to be no detrimental or restrictive terms I dont see how you can fail to accept.

 

JMHO

 

Glenn

 

PS i would however ask for the £25 !!

 

PPS good luck with whatever you decide to do.

[srfrench]

If the offer of settlement is not the full amaount including up-to-date interest then you can reject or remind them that the offer is short of what I would expect the Judge to award me.

 

However reading the letters contents, they quote "..........heading of the letter and confirm that as soon as payment has been made, I will write to the court and withdraw the claim ..........". So they need to make payment first before you can withdraw your claim!?

 

Did you state how you want your claim settling ie: pay me by cheque to my home address or pay into my Abbey account?

[Guest Zooman]

look they have not paid, they do not settle to the last min, go to court and play it by ear. If they turn up tell them you want the extra £25 judge, then if you have settled ask for a Tomlin order, if they do not turn up, tell judge they have made an offer without prejudice that you do not accept, and you want Judgment in full.

[lostinparadise]

Good luck at court Odd. I dont think they realise who they are messing with.

HeeHee.

LIP

[Odd Fellow]

Good luck at court Odd. I dont think they realise who they are messing with.

 

HeeHee.

 

LIP

 

The other way of looking at it is that I don't know enough about what I'm messing with.

[Odd Fellow]

look they have not paid, they do not settle to the last min, go to court and play it by ear. If they turn up tell them you want the extra £25 judge, then if you have settled ask for a Tomlin order, if they do not turn up, tell judge they have made an offer without prejudice that you do not accept, and you want Judgment in full.

 

Watcha, Zoo.

 

Would be interested in a chat with you if you can spare a little time before the hearing. I don't have your number any more though.

 

Thanks

[Lula]

Odds, Zoo is int he chat room if you havnt already chatted, good luck for today, we will all be on tenterhooks waiting for you

[lostinparadise]

Odd,

R u back yet. Dying to hear what happened.

LIP

[lostinparadise]

OK Odd im now bursting to know what happened....please come and tell us!!

LIP:D

[Lula]

The bugger is out celebrating !!!!!!

 

Well at least I hope that is the reason for his silence

[Lula]

Come on Odds, where are you?

[lostinparadise]

ODD......................we know youre there.....

 

(LOL @Lula) :lol:

Hey Odd hope you are OK.

 

LIP

[Lula]

He has probably spent the night in the cells in norwich for the audacity of asking them to admit liability!!! Hope he told the others about CAG while he is there

[srfrench]

Perhaps he's being held hostage by Abbey?

[Lula]

I think that he might be, but not in the way that you are implying

[srfrench]

Perhaps he's (drum roll and cue dramatic opening score of an action movie) "Lost In Court..........!"

[Lula]

or France

 

snigger

[Odd Fellow]

The bugger is out celebrating !!!!!!

 

 

If only.

 

Well at least I hope that is the reason for his silence

 

There is. But I don't feel good about it.

 

Abbey didn't send anyone to court. They sent a slightly vitriolic letter saying that "despite them telling me that they are settling in full, I have stated that I intend to attend and that in light of their settlement, they won't" f*&%ing cheek.

 

The judge seemed well up on the whole situation of the banks taking this as far as they can and then settling and said something like, "we're changing the way we do things to try and get the banks to actually see one of these claims though". I get the impression that the judicial system is getting mightily pi$$ed off with this whole charade.

 

He did ask me whether they had closed my account. I said no, he said "that's their next trick". They're welcome to was my reply. I am not at all sure that anyone has challenged such a move by the banks in court as it's clearly a retailiatory action which is unlawful as well, I believe?

 

Anyway, I said that they had made an offer and as far as I was aware 1) they had not paid me, so it was not settled and 2) that I was unhappy with the terms of the settlement.

 

The judge was prepared to set an order for them to pay by a given date and began to work out the figure. I quickjly realised that his calculations were going to end up being about £100 less that the Abbey offer. I'm not sure how this happened and have been rather too 1) annoyed and 2) busy to look at it since.

 

I did say to him that I wanted to get judgement. He said that if they didn't pay by the due date on the order that judgement would be made. However, given that the order was for the 31st Nov, I couldn't see Abbey leaving it that long to pay up. Especially given that I successfully served a warrant on it last time and the HUGE risks involved.

 

At my request, he agreed to an adjournment.

 

I think the issue is the attribution of Interest on Interest - ie the 8% S.69 interest on the interest payments on the unlawful charges that I am reclaiming from ScrAbbey.

 

I have had two people say this isn't possible - I don't see why? If the charges themselves are unlawful, then the interest that I have paid on those unlawful charges must also be unlawful. Surely this isn't interest on interest, it's s.69 interest on further funds that ScrAbbey has obtained by unlawful means.

 

Can someone please put me right on this?

 

NOTE: None of my quotes in this post (save for Lula's) are verbatim

[srfrench]

Yes.... and I would lend myself to agree with you ODD.

 

A figure, rather than an interest payment would have been better as I had my doubts when others were putting similar claims forward.... the risk as you've seen can upset the apple cart somewhat!

 

I have stuck to the 8% but if I have claimed any interest they have charged me I would do it as a sum then claim 8% on that (included in the above calcs, if that makes sense?)

 

At least you have a judgement and a Court Order with which to force shAbbey to pay you though!

 

P.S Thank god you're alive!

[Odd Fellow]

At least you have a judgement and a Court Order with which to force shAbbey to pay you though!

 

P.S Thank god you're alive!

 

Alive and spitting.

 

I don't have judgement or a court order. I have an adjournment - I needed time to make sure I could work out where the calculation error was.

 

PS. Thanks for all your concern.

[srfrench]

Ooooops..... well 1 out of 19 wasn't bad! LOL

 

Well its only a short matter of time for a Court Order at the very least once you've checked your calcs.

[Lula]

Hi odds, (Huge sigh of relief, I was beginning to beleive that you were having an enforced sojourn at Her majesty's Pleasure!)

 

When I made my claim, I listed the interest charges by shAbbey and also applied the S69 interest to it, so I see no reason why not, why should you not claim back the interest on the money that they have taken from you, wether it be penalty charges or interest on the minus balance that these penalty charges leave you with?

 

Glad you are back dude XX

[Glenn UK]

Odd

 

If you havent seen it theres a thread where Zoot posts some interesting info about the reasons why we can claim interest its about unjust enrichment.

 

If you have seen it no worries if you havent ill see if i can find the link for you.

 

Glenn

[lostinparadise]

Ahhhhhh...........hes alive...hes alive..

Oh Odd, shABBEY are really taking the p*ss with us all.

This post is to give you some support :D . Go get the f**kers.

At least the judge seems to be sympathetic to you. shABBEY just want to see, what they want to see as full settlement they make me sick!!!

Stick to your guns...youre a brave brave man thats all i can say!!

LIP:grin: :grin:

[Odd Fellow]

ahh. Thanks guys for all the support.

 

Dunno about brave though, fool hardy is a term that I've occasionally heard used.

 

I've got to spend a little more time working out some figures and I'll be back soon.

 

I've got an Egg to fry (or perhaps that's crack) yet and a couple of other credit card companies who need taking down a peg or two.

 

Egg is my main aim right now as I feel that I have been misled by it's staff who then attempted to cover it up by "losing" a telephone recording and then miraculously finding it when I threateded it with the ICO. But then the recording proved my version of events and since then the matter has been with management. That was over six weeks ago.

 

So, there's some more fun and games to be had with other organisations too.

 

Abbey isn't quite finished yet though.....