Abbey (merged)

peter191260

HUGHJASS wrote: »

I'm in the same boat as you mate.
I'm going to have a look at the mcol site in a few minutes,but i thought i'd have a read on here first to see how everyone else is getting along so far.
At this stage im not sure what to do. The last letter i sent to shabby was by recorded post and was ignored (4weeks ago now) so i know they got it !!!
Now its court time.

i did my mcol against abbey then they informed me they were going to defend a couple days later they offered to repay 65% of the claim they said to save any additional costs to either of us i havent accepted yet as i am not sure what to do as i dont want to realy give in to a lesser offer but would the court award me any more?

PI_Guy

Yeah it was a full and final settlement offer. I have written back today refusing it.

Reeker

I have just recived a letter today from Abbey saying that I will not be getting anything from them and the charges will stand.It has taken me from Febuary to now to get this responce from them after umpteen letters and phone calls.I have now contacted the Ombudsman, and have told Abbey that I will take legal action if they do not pay up.Has anyone out their had the same responce from the Abbey and if so what was the out come?I am claiming back £1,285 from just one account.hope to hear from you soon

saraharrow

Hi Peter 191260,Ring Abbey and tell them that they didnt offer you the option to only pay 65% of the charge so, you cannot settle for less than 100%. I dont know if the court can award you more than this plus your costs. Abbey will say they have the right to a fee for any breaches, so your response should be 'tell me how much it costs for a breach of £1 for 2/3 days and an automated letter to be sent and I will happily pay this amount, I am objecting to the charge as its disproportinate to the cost of the breach and therefore illegal...' use their offer to start the negotiations, and remember they showed us no mercy when they applied these charges. Regards Sarah

Stephen_Leak

Reeker wrote: »

I have just recived a letter today from Abbey saying that I will not be getting anything from them and the charges will stand.It has taken me from Febuary to now to get this responce from them after umpteen letters and phone calls.I have now contacted the Ombudsman, and have told Abbey that I will take legal action if they do not pay up.Has anyone out their had the same responce from the Abbey and if so what was the out come?I am claiming back £1,285 from just one account.hope to hear from you soon

Its the standard first reply from any bank.

You cannot refer your claim to the Financial Ombudsman and start court proceedings at the same time.

However, if the Financial Ombudsman is unsuccessful or the settlement is unacceptable (Abbey currently offer 65% as a standard "buy off", BTW), you can then start court proceedings. <O:p</O:p

MOLLYBRUSH

They don't just roll over. You have to actually call their bluff and take it to Court. Read the Abbey thread. Your next stage will be MCOL. I am going after the Abbey and I am at the stage of putting together my bundle of documents to get a court date. All the info is on the threads. It takes quite a lot of time and effort but as far as I can tell they make you go right up to the wire and then settle. It's worth doing for the amount you are claiming but it will take effort and concentration.

PI_Guy

can anyone tell me what actually happens in court?

fumingforcash

Is anyone able to offer advice about what should be written on the statement for the court bundle. I am assuming that this is an extended Particulars of the Claim. I have registered with CAG site and received help from another member of ther forum here with the data required in the bundle docs but don't want to get anything wrong at this stage as it needs to be in by 9th July. Haven't heard anything from Abbey since receipt of their defence. Would anyone advise writing to them and ask for settlement out of court.

PI_Guy

i'm at the stage of having received a "Notice of Transfer of Proceedings" What happens next?

fumingforcash

PI Guy

We waited 2 weeks after receiving the transfer of proceeding notice to be given a court date at the local court. In the meantime we had no allocation questionnaire to complete as the judge didn't ask for one. We had a charge of £100 to pay though even though the allocation questionnaire was dispensed with but this will be refunded if the case is won. The claim was through MCOL and served 5th May and Court date is set for 23rd July for £2500.
Hope this helps
Di