Camdenite Vs. Abbey

[Camdenite]

Thanks. I knew I'd need the cavalry .

[Camdenite]

Just had a thought this morning. If the court failed to file my N244 then they won't have dealt with the change of representation also? i.e. Bank Complaints Ltd. will still be acting as my lay representative as far as the court is concerned. Despite letters to both Abbey & Bank Complaints you can bet that Abbey will have sent the letter to Bank Complaints.

 

Does anyone know who I can speak to at Abbey to check?

 

This is getting messier & messier isn't it?

[GaryH]

Hang on, I'll go back over the thread and try and see whats what......

[GaryH]

Don't accept any offer in full and final until you know exactly what it is you'd be accepting. If by some chance the claim has already been joined then you wouldn't be able to pursue the rest.

 

Give it a week to see if the N244 turns up and make some enquiries as to its whereabouts. If it's clearly been lost then you'll have to re-submit it. I think you'll probably be able to have the fee waived if the court have admitted they've misplaced it.

 

In the meantime, write to shAbbey outlining your position. Reject the offer in full and final, and state that you are waiting for an application to join the claims to be processed and when it is the full amount of the claim will then be £xxxxxx. Invite them to make a further offer based upon the new amount. Also confirm that the firm have been fired and that any future correspondance should always go to you.

 

As soon as the application thing is sorted out and you know that your claim is all in one place then you can start thinking about issuing them with part 18's, etc.

 

Any questions?

[Camdenite]

Many thanks Gary. I've spoken to the court this morning to see if Judge Avent had given them a bit of a rocket and the N244 had miraculously surfaced. Nothing at all, so I said I would give them a week before filing a new N244.

 

On the off-chance that Abbey had actually received it and to clarify my position in regard to Bank Complaints Ltd. I gave their Legal Dept a call.

 

I got to speak to Rowan at Ashhurst's and explained the situation. He said that the cheque was going out today from their offices and they we're not aware of the Application Notice (N244).

 

I told him that I would be returning the cheque as I could not accept it in Full & Final Settlement and he went on to say that administratively it would be easier them to raise a second cheque for the balance of the ammended claim once filed rather than a new cheque for the full claim. Is this just a bit of a trick to see if I bank it? They don't know the additional claim amount but may have calculated what they really owe me, I guess?

 

Is it possible that I could ask them to ammend the letter that goes out today to remove "Full & Final Settlement". Just a thought?

[ICY]

A way around that is to not cash the cheque until you have the other one in your hands, they cant say you accepted the terms if you havent cashed it can they

[Camdenite]

Good idea ICY. Although the expression "burning a hole in your pocket" springs to mind . I feel like phoning Ronan up seeing what he says to the removal of "Full & Final Settlement" from the letter accompanying the cheque. It can't do any harm can it?

[GaryH]

Yes, either do as Icy says, or, make sure you get the full and reference removed. You need to write to them making clear that you accept it only as part payment without prejudice to your right to pursue the rest. You need an acknowledgement from them in writing that they accept this.

[Camdenite]

Cheers Gary. I'll see what turns up tomorrow in the post and take it from there. Just out of interest, do abbey tend to remove any previously paid GOGW at this stage?

[pward33]

Gary, you have the knack of taking the most horrifyingly complex and intractable-sounding cases, seeing through the crap, and presenting clear advice that makes the problem look so simple after all. Dunno how you do it, but I take my hat off to you! (Well I would if I wore one!)

[Lula]

yeah and hes a bloke, which makes it more amazing

[GaryH]

Arrrggghhh! I was supposed to send you abuse orders last week wasn't I?! I forgot all about it, sorry - only remembered just then when I saw your post! I'll do it now.

 

Oh, and thanks, btw.

[GaryH]

yeah and hes a bloke, which makes it more amazing

Don't you start!

[pward33]

yeah and hes a bloke, which makes it more amazing

 

I'll ignore that

 

Arrrggghhh! I was supposed to send you abuse orders last week wasn't I?! I forgot all about it, sorry - only remembered just then when I saw your post!

 

No prob, can see how busy you are. Would appreciate them though thanks (although you'll see from the Central London County Court Developments thread, in light of this morning's developments I'm giving at least a passing thought to settling).

[Lula]

Don't you start!

 

 

Moi?

[Camdenite]

I go away for a meeting for two hours and my thread gets hi-jacked. It's not on, I tell you.

[Lula]

Lighten up Camdenite, Gary's been , done his Mr Wonderful act, you should be chilling now lol

 

We aim to please and we have pmsl

[ICY]

I go away for a meeting for two hours and my thread gets hi-jacked. It's not on, I tell you.

And for once its nothing to do with me lol:roll:

[Camdenite]

I was only joking. Amazed to see " 5 viewing" on my thread right now. Bit of a record for me. Thanks once again all. I've actually got the letter Abbey sent on Friday now. I'll post the details later.

[Camdenite]

Guess what? Abbey have deposited the £5,117.50 into my account "cheque paid in at branch, Triton Square. Funds available 23rd July" according to my on-line account.

 

Here's the letter I received today:

 

Dear Sir

 

YOURSELF v ABBEY NATIONAL PLC

CLAIM NO: XXXXXXXX

 

We have now conducted a complete reconciliation of your account and without admission of any liability, Abbey National PLC has determined, in this instance, to settle your claim in full. Payment will be made in the sum of £5,117.50. Payment is in full and final settlement of your claim xxxxxxx. Payment is calculated as follows:

 

(i) £4,997.50 charges as claimed;

(ii) £120.00 court fees incurred on the filing of claim form and allocation questionaire

 

Abbey is raising a cheque for the sum of £5,117.50 that will be paid into your account (if open) or posted to you. We will now inform the Court that Abbey is settling your matter in full and asking the Court to withdraw the claim from the hearing list. Once you have received payment, would you please inform the court that you withdraw your claim, and provide us with a copy od the lettr.

 

Yours faithfully.

 

Abbey National PLC

 

Now, what should my strategy be? The standard template rejecting GOGW should suffice once modified to include that the claim is on-going and a Application Notice (N244) is about to be re-filed, I guess?

 

Or, should I try Ronan Coyle and say that if it makes their admin' easier, then he needs to write to me confirming that it is only in part settlement of my claim and that should not be viewed as Full & Final settlement?

 

Decisions, decisions.

[Lula]

is that the amended claim?

 

and it proves that they can issue Very quickly indeed, are you watching Reka ?

[Camdenite]

Nope, that was the orginial claim. :o . I know, it's a lot of money. Scares me sometimes.

[Lula]

Well i think that you need to write back to them cos that dead sneaky, not to mention dodgy, but - they have just over 5k into your account, how do you feel lol

[Camdenite]

I feel great Lula, but as I mentioned before it'll burn a hole in my pocket. Would be nice to think it'd earn me some interest while it's there, but not with Shabbey's Current Account rate eh?

 

I know it's sneaky but I've seen plenty of other posts where it's been deposited in such a way. I think it's part of their strategy against forums like this, to keep you mods guessing.

[ICY]

Have you signed an agreement that they will put this money in your account as full and final?