Ladidi v Abbey - settlement offer ** SETTLED**

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Dont worry hun, I have thought of that, i feel that Ok I should pay them but I am not going to just yet, but that doesn`t mean to say I will not pay them at all. We have thought about the bill and agree it should be honoured should things not go our way, so we plan to set money aside for when that eventuality comes. So if things do not go our way then we can give them whats due and if it does then we have a little savings as well as little extra

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Lol, aye okay....just keep in mind you MAY end up with that as a debt at the end of it all....hopefully not if things keep going our way.

:kiss:

[Ladidi]

Re: Ladidi v Abbey - settlement offer

You asked for it lady


OOOHHHHH mama - looks both ways to see if there is any escape :P

This is just my personal opinion ok. Why don't you pay off that overdraft and get it out the way.

I could but I dont want to, they have made me and god knows how many others wait for so long for what could have been resolved so much quicker if they had only took their big heads out of their a**es and listened.

Okay they have agreed not to chase you for it but it is still there, it is made up of charges which you havent paid when it comes down to it, and in six months or a year whenever the test case is sorted then if it hasnt gone your way you'll have that debt still sitting there and they will be able to chase. If it does go our way then brilliant, you'll get the refund of the rest and pay it off then....but if its already paid off, you will have that money in your pocket.

I now have £4k in my pocket, well for all of five minutes, by the time we have paid off the bills to keep the wolves from the door, we will have a little bit left to be able treat the kids and ourselves something we have not been able to do for a long while..

If you get it paid off you can close that account and get away from it and just look forward to a bit of extra dosh at the end of the test case, rather than a weight round your shoulders for the rest of it.


I agree, it would be a weight off our shoulders if we paid it off, I just feel that if they can make their customers wait, they should wait, and besides the bills would never have been so high had they not been greedy and ripped us all off in the first place..


I don't know your personal circumstances too well so its hard to say, if you do have other more pressing debts then obviously use the money for those first. Thats just what I would do.

(I'm crap at rowing aren't I)

No your not crap honey, your just a damn good trier

[Amethyst]

Re: Ladidi v Abbey - settlement offer

You asked for it lady

This is just my personal opinion ok. Why don't you pay off that overdraft and get it out the way.

Okay they have agreed not to chase you for it but it is still there, it is made up of charges which you havent paid when it comes down to it, and in six months or a year whenever the test case is sorted then if it hasnt gone your way you'll have that debt still sitting there and they will be able to chase. If it does go our way then brilliant, you'll get the refund of the rest and pay it off then....but if its already paid off, you will have that money in your pocket.

If you get it paid off you can close that account and get away from it and just look forward to a bit of extra dosh at the end of the test case, rather than a weight round your shoulders for the rest of it.

I don't know your personal circumstances too well so its hard to say, if you do have other more pressing debts then obviously use the money for those first. Thats just what I would do.

(I'm crap at rowing aren't I)

[Ladidi]

Ok Ame, Lets have row as I could do with a little of a girlie giggle and thinkin about you tearing your hair off at me :argue: haha

BTW Thanks Budgie, I appreciate you and Ame and Cet doing the letter I need to be sending to the courts and the Abbey, letting them know I have not totally gone away just yet

[Amethyst]

Re: Ladidi v Abbey - settlement offer

yep indeedy....all this agreement is getting annoying actually. Can we have a row pls.

[Budgie]

Re: Ladidi v Abbey - settlement offer

OK, I would be pleased to draft something up for you tomorrow morning and get Ame and Cetelco to check it before posting here.
I think it would be sensible to actually have one letter that could be sent to both the Court and the Abbey. Just so the Court also have it on file that you are discontinuing your court claim but that you expect Abbey to abide by the Waiver guidelines once the test case is resolved ( neat little twist ).

Budgie

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Yes, please I am in need of some help in drafting the letter for the courts, if I should be sending something to them. I thought it might have be a draft of change of amount due? If I`m making sense on that bit.

A the letter to got o Abbey to inform thanks for part payment etc but I wil be wanting the remainder when this resolved and therefore the bank account is still in dispute and you will get your money back when I get the remainder of mine words to that effect.

I was told by the bank the money will be cleared come Tuesday, so I will need to have soemthign I can forward to Ronan by email Tuesday morning cos I`ll have me bit of dosh and he will have a Thank you, but I want the rest as well :P Lol

Forgot to add, account is still open but not being used in anyway and all monies I did have going in there is no longer going in there and yes balance owing on account is not accruing interest or penalties, I made sure of that when I had account placed on hold pending test case

[shooter]

Re: Ladidi v Abbey - settlement offer

Thankyou Ladidi
You have certainly inspired me to go after what is mine, letters have been posted so I guess all I can do now is wait and see what comes of it. I have also decided to go after the credit card companies that I have been waiting to do.

thanks again for your thread it is most helpful!!

Re: Ladidi v Abbey - settlement offer

EXTREMELY WELL DONE LADIDI- THIS WILL GIVE OTHERS THE INSPIRATION TO RECOVER THEIR MONIES AS WELL WHICH HAVE BEEN ON HOLD.

[Budgie]

Re: Ladidi v Abbey - settlement offer

I agree totally with Cetelco.

I suggest that your letter should be prepared, printed and ready to be popped in post box as soon as the cheque has fully cleared into the account you have paid it into.

I guess, to finish this off nicely, we can post up a draft of the letter for you to use.

Budgie

Re: Ladidi v Abbey - settlement offer

You do need to write to them within a few days to inform them that you accept their payment but that you do not consider the matter to be closed, pending the outcome of the test case - go and re-read post #23.

The intention by the receiving party (that's you) must be to accept the cheque in satisfaction of the dispute for there to be a binding contractual settlement of the dispute. Because your intention is to pursue the balance of your claim, once the test case is settled, then you must make it clear now that you do not accept the matter closed. In Bracken v Billinghurst [2003] just a two week delay was considered to be too long.

You cannot treat a sum received as a partial payment without informing the other party of this intention sufficiently quickly.

[Ladidi]

Re: Ladidi v Abbey - settlement offer

This was done in March of thei year

[Budgie]

Re: Ladidi v Abbey - settlement offer

Makes perfect sense to me.

Well done Ladidi !

I presume that you are not using the Abbey account and that you are now just going to leave it sitting there with a £500 overdrawn balance until the test case is resolved and you are able to sort out the remainder of your claim.
Di you also confirm with Abbey that they would not be applying interest and further charges to this account whilst the test case is in progress.

Importnat thing to remember is that you will have to pay back this £500 overdraft once the remainder of your claim is settled after the test case is resolved.

Budgie

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Yes sorry hunny i get that bit, as the account was in dispute they shouldnt have chased...so thats good work getting them to back off -= is also against the waiver guidelines for these cases too. So you got £300 back that you had been forced to pay them while the account was in dispute. When was this? And when they they reistated the overdraft ?

I then had this confirmed and instructed them to return the money they have already taken from my husband and myself for the said debt as the collection was illegal. They informed me that, as the account was now on hold they would have to check all of this out. I informed them to do that, and ended up with a very helpful lady in complaints who informed me that as the money is going to be repaid that meant the debt would increase back to as it was, I said fine do that as you have caused me hardship by forcefully collecting this, as I have to wait for my money Abbey can wait for theirs. It has took a long 48 hours to keep reminding them I was not going to go away and I wanted my money back. Today they have finally agreed to reinstate the overdraft temporaily until the outcome of the test case and reimbursed me £300 with immediate effect!!

That bit.