Camdenite Vs. Abbey

[Camdenite]

Hi Icy, you might wanna get back to your own thread before it's hi-jacked .

 

No, I've accepted nothing and signed nothing. Just been modifying the rejection template to suit my needs and taken Gary's advice. If they want to retreive it they can, if they want to leave it there, then they must write to me telling me it does not represent Full & Final Settlement.

 

Guess that's all I can do for now?

[ICY]

i would give them a deadline to take the money out by, of course letting them know its only going to be accepted as a partial payment pending, sneaky as ever lol

 

dont worry about the thread they WILL behav themselves or fear my wrath, oh hang on a sec this isnt abbey or ass hurts i am talking to now is it lol

[Camdenite]

Thanks for the point about the deadline. Nothing like deadlines to focus the mind, eh?

[Camdenite]

I've had no response to e-mails to Rowan Coyle and sent him hard copies by post outlining the fact that Abbey have not made Full & Final Settlement and they should withdraw the funds from my account.

 

The court have not managed to locate my original N244, so I need to file a new one. I have a couple of questions though:

 

I assume I should deduct £5,117.50 on the N244? Theoretically though, Abbey could retrieve the sum after I'd filed and I'd have to ammend again, right?

 

If I assume the money is now mine and not going to be taken back, do I file a new N1 with a new POC? or do I just deduct from the total to date (inc SI) on the N244?

 

Sorry this is proving anything but simple :o

[Lula]

Hi Camdenite, I am afraid that I really dont know the answer to any of that and I know that GAry is probably out today, so consider this a bump for him lol

[Camdenite]

Cheers Lula.

[Camdenite]

A gentle bump;) .

[Camdenite]

and another...:o

[GaryH]

I've had no response to e-mails to Rowan Coyle and sent him hard copies by post outlining the fact that Abbey have not made Full & Final Settlement and they should withdraw the funds from my account.

 

The court have not managed to locate my original N244, so I need to file a new one. I have a couple of questions though:

 

I assume I should deduct £5,117.50 on the N244? Theoretically though, Abbey could retrieve the sum after I'd filed and I'd have to ammend again, right?

 

If I assume the money is now mine and not going to be taken back, do I file a new N1 with a new POC? or do I just deduct from the total to date (inc SI) on the N244?

 

Sorry this is proving anything but simple :o

I'll come back to this in the morning. Need to have a think about it and perhaps ask another opinion. I won't dissappear, don't worry!

[Camdenite]

Cheers Gary. Sorry to be such a drain on your time. All the help is much appreciated.

[GaryH]

Did you find out the claim number for the other claim in the end?

 

You can't file a new N1 becouse you already have a claim in the system for the same charges.

[Camdenite]

Hi Gary, Yes, I have the original claim no'. I got it from the AQ that I photocopied after signing and returning to Bank Complaints all those months ago. It was also on the Notice Of Preliminary Hearing I received direct from the Court.

[GaryH]

Ok, cheers.

 

You need to file a new N244 then requesting that your 2 claims are joined.

 

Don't treat the first one as settled for the time being. You have not accepted the offer so for the purposes of the application both claims are still live - wait until the application has gone through then write back an accept as part payment.

[GaryH]

Hang on though, where is the other (outstanding) claim in the system? Was there any reason why you cannot just pursue that on its own, I can't remember?

[Camdenite]

Hang on though, where is the other (outstanding) claim in the system? Was there any reason why you cannot just pursue that on its own, I can't remember?

 

Missing, presumed dead. The court also reccomended I file a new N244 as the chances of them finding it were "slim".

 

If I submit a new N244 for the full £15K (inc SI), I take it Abbey will appeal against it on the basis that they have paid me £5K already and then I accept that "in partial settlement"?

 

I have already written to Rowan Coyle explaining the situation re> the original N244 and that this case had not been fully settled and giving my authority to remove the £5K from my bank account.

[GaryH]

I'm in 2 minds here - I think now that becouse the court have lost it then you may be as well just filing a brand new claim for the first one and treating the second as settled.

 

Speak to the court and see if there is any reason why you cannot do this.

[Camdenite]

Will do. I'm reluctant to trust any of the clerks on reception though (dare I say it). I've already had a lost N244 & AQ and a sceptical ("you'll be lucky to get a court date before this loophole closes") response from CLCC. I wouldn't want to file a new claim and find it thrown out for an abuse of process.

 

The judge did actually tell me to file a new N244 and in the meantime he would set a full hearing date for "sometime in September". I'll see if there's any progress on the new date first.

 

Cheers, once again.

[pward33]

If she's there, try and talk to Maggie Cook; one of the few people at that place that seems to know what she's doing and actually gives the impression of wanting to help; if she can't help she should be able to put you onto someone who can. Don't mention my name though!!

[Camdenite]

Thanks again. Thanks also for following this thread so intently . How's yours. all sorted?

[pward33]

Very good question! I'm going to look at the possibility of issuing a new pre-6 years claim but need to do more reading first. I've had this account for 15-20 years and although I didn't get much in the way of charges early on, there'll certainly be some that go back way before 6 years.

 

See also http://www.consumeractiongroup.co.uk/forum/lloyds-bank/107080-club-account-unusual-question.html

[GaryH]

Will do. I'm reluctant to trust any of the clerks on reception though (dare I say it). I've already had a lost N244 & AQ and a sceptical ("you'll be lucky to get a court date before this loophole closes") response from CLCC. I wouldn't want to file a new claim and find it thrown out for an abuse of process.

 

The judge did actually tell me to file a new N244 and in the meantime he would set a full hearing date for "sometime in September". I'll see if there's any progress on the new date first.

 

Cheers, once again.

Ok, fair enough. If thats the way the court asked you to do it then go for the N244 then. As per post #163.

[Camdenite]

 

The court have not managed to locate my original N244, so I need to file a new one. I have a couple of questions though:

 

I assume I should deduct £5,117.50 on the N244? Theoretically though, Abbey could retrieve the sum after I'd filed and I'd have to ammend again, right?

 

If I assume the money is now mine and not going to be taken back, do I file a new N1 with a new POC? or do I just deduct from the total to date (inc SI) on the N244?

 

Sorry this is proving anything but simple :o

 

Cheers Gary. I don't believe they are now going to remove the £5K. A week is a reasonable enough time to have expected them to have done so, isn't it?

 

About to call the court now, so more news later.

[ICY]

Did you give a deadline for them to remove the 5k ?

[Camdenite]

Yes, I told them they had until Friday 27th. You think I should hold on?

[ICY]

Yup, if you have given them a deadline then once that day runs out, THEN you can withdraw, up until the deadline has expired you have told them they can take the money, if they try and its not there it could cause possible problems. Good luck on the second claim