Accepted 75% but now want more - stebiz

[stebiz]

Received letter back 2nd June saying the normal - 'we have looked at account and we are not at fault............................'

 

If this goes to court we may need to close your account (or something similar) the wording has been printed on here many times before.

 

JUST ONE THING - 'MY ACCOUNT WAS CLOSED IN 2004'

 

Just awaiting response to court summons now.

 

Stebiz

[stebiz]

My court finally sent Court Summons out yesterday. Will be deemed served on Monday 19th June. Have PM'd Mod to advise court number etc.

 

Regards

Stebiz

[stebiz]

Received letter from the court saying that they wish to have a further 28 days to issue a defence. Served on the 19th June 2006. What am I likely to hear next?? Will they go the full 28 days and wait for a court date???

 

Regards

Stebiz

[jonni2bad]

It's fairly standard stuff, just play the waiting game now...

[stebiz]

Received a copy of Abbey's defence today from Andrew Horton, DLA Piper Rudnick Gray Cary Solicitors.

 

They intend to defend the claim.

 

I guess now it is just a case of waiting for allocation questionaiire???

 

Stebiz

[jonni2bad]

Yes, the court will send one within a couple of days of receiving their defense.

 

I got one today

[Janeyh]

Received a copy of Abbey's defence today from Andrew Horton, DLA Piper Rudnick Gray Cary Solicitors.

 

They intend to defend the claim.

 

I guess now it is just a case of waiting for allocation questionaiire???

 

Stebiz

 

Hi Stebiz,

 

Just reading your post - I'm a couple of days ahead of you - got DLA's defence Wednesday and Acknowledgement of Service from the court yesterday.

[stebiz]

I'll watch your progress with interest:)

 

Best of Luck

Stebiz

[stebiz]

Letter received today from Piper Rudnick solictors (acting for Abbey) saying that they are in process of reviewing claim.

 

They note I have claimed ? along with ? as interest but have provided no details of how the sum has been calculated...........................this should have been supplied when you filed your claim.

 

...........................................

 

Forgive me if I'm wrong but wasn't it Abbey who sent me the details originally (infact they actually sent 6 years of statements on 3 separate occasions). Does this not have all the information they require.

 

Should I email the solicitors???

 

 

Regards

Stebiz

[jonni2bad]

We would advise sending a copy when starting action, if nothing more than to keep things ticking along nicely.

[stebiz]

Okay I accepted 75% of my charges last July because I needed the cash urgently. I have other claims going through now and money isn't as tight.

 

I had to sign an agreement at the time saying it was in full and final. They also said they would not remove my default.

 

Question: Can I go back for the other 25% and the years previous to the 6 years??

 

Regards

Stebiz

[stebiz]

Okay I accepted 75% of my charges last July because I needed the cash urgently. I have other claims going through now and money isn't as tight.

 

I had to sign an agreement at the time saying it was in full and final. They also said they would not remove my default.

 

Question: Can I go back for the other 25% and the years previous to the 6 years??

 

Regards

Stebiz

[MattyH]

I had to sign an agreement at the time saying it was in full and final. They also said they would not remove my default.

 

Sorry but I think you've answered your own question there. Full & Final, means you can't make the same claim again.

 

Sorry.

 

Matt

 

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[stebiz]

Matt. To be honest mate it would be nice to get it but if not no big deal. It was nice at the time and there are already thousands in other accounts I am having written off.

 

However I have read on here that you can't sign away your 'rights' in common law. Also I would like the default lifted.

 

Regards

Stebiz

[Rich44]

If you signed an agreement saying in full and final settlement then that was in full and final settlement as far as I can see

[Guest littlesally]

I am sure I have read somewhere on here that you can claim them back as the money is yours and the charges are unlawful. It's not like a compensation claim or something like that.

 

Can't find the thread concerned, but will keep looking for you.

If anyone else knows where any threads are about this, please post a link here.

 

Sally x

[stebiz]

Hi LittleSally,

 

Yes I thought I'd seen something too but couldn't find it. It went along the lines 'you can't sign away your rights'. The reasoning behind is we all signed originally accepting we would be charged 'bank charges' and they are unlwaful. So the fact you signed accepting 75% should make no difference either.

 

Anyway worth a try. If you could find the link that would be great.

 

Regards

Stebiz

[Guest littlesally]

Okay, PM'ed Hagenuk (a font of knowledge!) and he gave me these.

Some of the posts are conflicting and I have not read most of them! But hopefully there will be something there to guide and help you.

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/59643-accepted-gesture-goodwill.html

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/49963-just-quick-question.html

http://www.consumeractiongroup.co.uk/forum/barclays-bank/75380-been-stupid-anything-i.html

 

All the best with it. This seems to be happening quite a bit so if possible please keep your thread up to date as this will help others who come after.

 

Sally x

[stebiz]

Thanks to Littlesal for these links

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/75380-been-stupid-anything-i.html

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/49963-just-quick-question.html

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/59643-accepted-gesture-goodwill.html

 

I am going to write to Abbey again saying that I now want the other 25% back. I also have some statements from some months previous to the six years that I left out of the last claim. As several of the posters above said - no consideration was actually made and it will only be a small claims only. I'll keep you all informed.

 

Stebiz

 

I won't be doing this until monday so if anybody else has any ideas please advise.

[zootscoot]

Why not take the opportunity to get statements going beyond the six years.

 

Good luck

[davefirewalker]

I seem to remember somewhere that even if you sign a full and final. if the charges are unlawfull then that agreement doesnt count.

 

you can not sign a way your lawfull rights.

 

give it a try..... they can only say no.....but they might say ok

 

Dave

[stebiz]

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