give_me_it_back vs Abbey WON!!! YAY !!! *SETTLED IN FULL*

[give_me_it_back]

I see what you are saying...

 

Except... the charges I am about to start action against them for precludes that date!

 

Legal waffle... or should I send the letter....

 

hmmm.. thinks...

[Piggy bank]

I take that to mean that if you want to be able to claim the additional charges that you're still owed, there's no way you could sign this....

[give_me_it_back]

That's what I take it to mean Piggybank... Anyone else have an opinion?

 

I suspect I should send my letter. I really don't want to stuff up my chances to claim for the rest.

 

I just hope they respond to me, as they say in the letter that it should be my solicitor who contacts them.. Does everyone think the wording is ok..?

[Piggy bank]

Hi. Personally, instead of writing 'I cannot sign the Discharge, and I cannot confirm that I will not raise any further claims against your client.' I might consider skipping the last bit.

 

I would just say that you're not willing to sign such an unreasonable discharge and that the only settlement you'd be willing to agree to would be a full and final settlement of the claim number in question?

 

I'm sure that when it comes to it the judge would agree with you anyway.

 

As for the lawyer issue, I can't see why the phrasing you use would be a problem (I have to say though that I'm not in any way legally qualified, so this is a layman's perspective). It's clear that the solicitor only represents you in court.

 

Good luck and keep us posted!

[give_me_it_back]

Thanks piggy Bank! The letter has now gone unfortunately, but I think it will be fine. They won't be left in any doubt anway.

 

Would be nice for them to settle before my hols!

[Piggy bank]

Cool. Looking forward to their next step - hope it's either entertaining or simply all your money

[CJ&theBOS]

Have you heard anything from them yet Give me it back?

[give_me_it_back]

Nowt! Looks like they will wait to the last moment.. Ho hum.

[Barobalti]

I got the partial refund offer on Thursday and noted that the letter was dated 10 days before its arrival date! I told them to shove it, but they'd better hurry as Court deadline day is 2nd October...

[give_me_it_back]

They're leaving it late to make the full offer. They possibly will make it on the day - or send in their trainee solicitor to mumble and stumble. Either way - you'll get it all back!

[give_me_it_back]

Hi All. Back from my hols to a letter from my Solicitor to say how it went in court.

 

Usual tale of how these are contractually agreed blah blah. A Proof was fixed for 13th December. The Sheriff expressed concern that if the matter were to proceed to a hearing of evidence then, given the complexities, it would be highly unlikely that the whole matter could be concluded in one day and it may be preferable to choose another date, given the time of year!

 

What do you think..? I need to speak to the solicitor to find out his feelings, and if the Sheriff was more or less giving the impression that it would not be worth Abbey's time to drag this on any more.

 

Has anyone else had a similar experience?

 

I look forward to hearing what you all think

 

Thanks

[give_me_it_back]

Anyone... Please let me know if you have been in this position - ie - asked to provide proof.

[give_me_it_back]

Still no-one with an answer to my query... Where are you all? IN court??!!

 

Also - received the letter today saying that DLA Piper are no longer Abbey's solicitors and they have passed on to new team. What's the implications of this..?

[Piggy bank]

Hi. I haven't been in this position (my preliminary date is in edinburgh in november) so I'm not sure how qualified I am to give you very relevant advice, but I would say that it is up to the bank to provide proof how these charges that you're asking back have been calculated and are not a penalty but a fair reflection of the costs incurred?

 

I don't know what statement of claim you used when you filed your case, but the govan law centre statement of claim gives a whole string of jurisprudence and precedents relating to the unlawfulness of punitative charges. Maybe that can help.

[stridey]

can anyone help me find a good microphiche letter as I believe there might be a different one to send if they have exceeded the 40 days time limit on sending my statements. I saw it the other day but cant seem to find it in abbeys template library.thanks guys.

[give_me_it_back]

Thanks PiggyBank - I'll check Govan. You haven't got a link to the jurisprudence section have you?

 

Stridey - please start your own thread. No-one can give you help if we don't know your story from the start.

[Piggy bank]

Here's the link to their statement of claim: DEFENCES

 

It's the statement of claim I used rather than the shorter 1 paragraph version that a lot of other people seem to be using. It does include a lot of Scottish-specific jurisprudence pertaining to unlawfulness of penalty charges etc, which I gathered would make it even more difficult, expensive and time-consuming for banks if they want to go into the details and defend their stance at court stage.

 

In my humble opinion, it's the banks that have to provide proof, not you. After all, the law and jurisprudence is on your side.

 

Hope it helps and good luck!

[give_me_it_back]

Thanks VERY much - it's extremely helpful. And, yes - I totally agree with you - the onus must be on the banks to prove their charges are reasonable - not us to prove they are not.

 

Good luck! keep us posted

[Piggy bank]

I'm not entirely familiar with the next stage, but it would certainly be interesting to hear your lawyer's take on this...

[give_me_it_back]

Yes.. he hasn't called yet - he may well write to me. I'll let you know.

[give_me_it_back]

I have just had an email from Abbey...

I understand that you have contacted Ashurst in relation to your claim against Abbey. Abbey is now representing itself in this claim and all enquiries should be directed to:

 

Ref: TS6B03/BCT

Abbey National PLC

Abbey National House

2 Triton Square

Regent's Place

London NW1 3AN

 

Tel: 020 7756 4398 or 020 7756 4306

 

Surely I am not going to be the lucky one to actually get to see MR ABBEY face to face!! :o

[CJ&theBOS]

Wonder why DLA arent representing them anymore? fired by Mr Abbey because of the amount of cases they r losing?

[give_me_it_back]

It's all very unclear to be honest... My email from them said "Abbey is now representing itself in this claim and all enquiries should be directed to..",

 

so I emailed them and asked:

 

"Does this mean that Abbey intend appearing in court themselves in December, rather than sending a representative?"

 

They responded with:

 

"Abbey would be represented in any court hearing"

 

My last email to them, which has still not been answered said:

 

"Could you please clarify if Abbey are representing themselves or if they will be represented by a solicitor acting on their behalf?"

 

I don't think the left hand knows what the right is doing. Some things never change!

[give_me_it_back]

Just heard back from them..:

 

"Abbey would be represented by a lawyer at the hearing"

 

Must be an in house lawyer methinks.

[give_me_it_back]

I am considering sending this letter. Please let me have your comments:

I recently received a letter advising me that DLA Piper are no longer handling your caseloads, and that I should contact you directly.

 

As you will be aware, the first Court Date (4th October) has already been met, and the Sheriff set a proof date for 13th December.

 

DLA Piper wrote to me on 19th September 2006 offering me the full amount of £625.66, which was subject to signing a Discharge in favour of Abbey. I indicated these terms were not acceptable to me.

 

Given the recent announcement from ICO which must only compound the situation you find yourself in, I would ask that you reconsider and make full payment to me now with no conditions attached. I would respectfully remind you that interest continues to be added to my claim the longer it continues.

 

I look forward to hearing from you shortly.