Won!!!!!

[Meatballfluff]

Hi

 

I have a £2000 overdraft and I am worried that when I get back claim paid out that Abbey will then cancel if and take the money. I had my yearly overdraft review in March and it was extended for another year but can they take it away at anytime if they choose. If so do I have to pay if back all at once or will they accept a monthly payment???

 

Any advise is appreicated/

[nevos]

Overdrafts are on demand so they could request it to be paid. You could try to convert it to a loan a bit sharpish.

[Meatballfluff]

Hi all

 

I sent Inga Kirkman a response (as suggested by James33) a week ago now and have not heard a thing from her since. I have my pre-lim court date in 2 weeks time and really would like to resolve this matter before then.

 

Can anyone suggest what I should do next or should I just leave it now and see what happens?

 

Also, do Abbey close accounts after they settle?

 

Thanks

[adam1976brown]

i too have had the same email as from the original post on this thread but it has been expanded over the time... it does seem to be the standard one sent.... Ms Kirkman asked me to send my files by email to her so she can look at them and offer a settlement to me... she saw my figure ,now at £16049.80p and told me to poke it, " WITHOUT PREJIDUCE". so i will now send off that great email from this thread and wait for the court date.shall i also write "without prejiduce" at the top of my letter????

[srfrench]

Same email here to, sent a reply of my £7200 claim and adjusted it by £200 to make it "more commercially palatable" and heard nothing back. Sent another email to her and her associates after the time limit of 14 days expired then upped it to the full amount less any extra costs due to Abbey's unreasonable behaviour. That time limit for acceptance ran out 14 days later with not a dickie bird from them. So it's now into the Mercantile Courts for EVERYTHING on the 29th August 2007

[kog]

The Abbey are playing the game of fear. Its simply a case of who backs down first. Have no dought the Abbey will back down on the day of the hearing, they have a lot more to lose than you, but they are hoping you will back down first, since they know people dont like the idea of a court room.

 

Stick to your guns, fight it all the way and you will have your full claim in the bank soon enough.

[Meatballfluff]

Hi all

Just got a reply from Ms Kirkman (below), don't really understand what she is saying.

Any advice as to what I should do next??

Thanks

"Without Prejudice"

Dear Madam,

In view of the quantum of your claim, you are not entitled as a matter of right to the information you seek. We refer you to the Civil Procedure Rules in this regard.

Should you wish to enter into settlement negotiations, we invite you to forward an offer of settlement.

Kind regards,

Inga Kirkman

[roverman]

I have recieved this reply today in response to my Part 18 request. The signature is illegible - maybe ir is Inga?

 

What the hell does "quantum of your claim" mean?

[roverman]

I've just Googled the above phrase.

 

Quantum is just a posh word for amount.

[Meatballfluff]

that's crap because they have paid out people with higher claims than me!

 

not sure what to do now???

[srfrench]

Whats the value of your claim and have you a court date and in which track.

[Meatballfluff]

Hi

 

My claim is around £3500. I have a court date for the end of this month - it is going through the small claims court but I have a pre-lim hearing first.

 

Thanks

[srfrench]

I may be wrong on this as to it's timing/allocation, but the value of this claim does not lend itself automatically to a CPR part 18 request.

 

However in your pre-lim hearing you can request an order from the Judge endorsing the request by making it an order. This can only be done in certain circumstances and I believe the Bank Charges regime is one of those.

 

I take it you sent the one in the CPR18 section on thread #1?

[Meatballfluff]

Hi all

 

I have a court date for 31st July - it is a prelim hearing. I have been in email contact now with Inga Kirkman (lawyer for Abbey) and her team for the past couple of weeks trying to come to a settlement before the court date. The last response from the lawyers is that my claim is too high to consider (£3500) and that I should take into account the charges I have occured.

 

I have sent them an email saying that the amount of my claim should make no difference and that when they can tell me the true cost of their charges I would be happy to pay but until such time I will be claiming back the full amount. Since then we seem to be going around in circles and not getting anywhere. The last email I sent basically said that I was happy to settle out of court but as they have not once offered me an amount I feel that I should now wait until the court date for the Judge to make his ruling.

 

I am really worried that I am playing too much 'hard ball'. I keep hearing in the press that banks are now turning up for court - has Abbey ever turned up for a pre-lim or normal hearing. Do I have anything to worry about? If they don't turn up to the pre-lim hearing does that automatically mean I have won?

 

Any advise would be greatly received.

 

Cheers:???:

[Lula]

Hi, keep your nerve, they are really up against it at the moment, Inga is away at the moment, try emailing ronan.coyle@ashurst.com, keep your nerve and you will get your money, you can prove that you are trying to settle, thats all the judge wants. good luck

[Meatballfluff]

Hi all

 

I have just received a letter from Abbey agreeing to pay £3700 in changes, intestest and court fees. I was due to go to court next week and was starting to get worried - so if anyone else is in the same situation, just hang in there!

 

Yippppie!!

[bonnie0852]

CONGRATS MEATBALLFLUFF!!!!! THERES HOPE FOR ME YET THEN!!!

[Lula]

Congratulations, they must be in a settling mood today lol

[Ladidi]

Congratulations to you. I am so pleased for you.

 

Although...I wish it were me

 

Ladidi

[abroadgirl]

congratulations i am really pleased for you

abroadgirl

[chrissyb]

HI MEATBALLFLUFF

I received a letter from ABBEY on Saturday saying they are going to settle in full:D

I should be getting a cheque how about you?

 

CHRISSYB

[Meatballfluff]

cheque was paid into my account and the funds cleared today.

 

thank you to everyone that gave me help and support over the past year - i could not have done it without you.

[marmite-girl]

congratulations!

im due in court on 10th august.. was thinking with all this test case kerfuffle things would have stopped completely.. but you thread has given me a glimmer of hope that people way down the claiming line are still getting paid out?!

hopefully not much longer now! x

[billyisgod]

nice one meatball

[Deb76]

The Abbey settled with me last Monday, I got everything I wanted, did not budge an inch! Won £13,770! BUT they promised me the money would clear into my account Friday lunchtime, turns out they have paid a cheque in which will take until Wed 1st August to clear (I spoke to the charges dept on Friday who promised the cheque would clear on 30th, when I rang this morning the lady APOLOGISED FOR THE GENTLEMAN LYING TO ME ACTUALLY ADMITTED IT, I couldnt speak I was that flabbergasted). and THEN because they have put a stop on my account when I continued with my claim, I can not get at the money!!! they are going to consider taking it off if I handle my account correctly!!! I have no cards, cheque book or anything they took them back as well. I think this is a case of spitting out the dummy as they had to settle, I am off to my local branch 9.00a.m. Wednesday to withdraw the cash, probably get mugged!