Ladidi v Abbey - settlement offer ** SETTLED**

[Tempty]

Re: Ladidi v Abbey - settlement offer

lol I'm with Budgie .... can't help but wait till yer mit's are on it

I'll do a little hop for now ..... full dancing will commence when cheque clears

[Amethyst]

Re: Ladidi v Abbey - settlement offer

BAhhhh pestymist

[Budgie]

Re: Ladidi v Abbey - settlement offer

Nearly there Ladidi !

Will wait till it's in your account and cleared before I jump up and down

Budgie XX

[WendyB]

Re: Ladidi v Abbey - settlement offer

YEEEEAAAAAYYYYY! Brilliant news.

[Amethyst]

Re: Ladidi v Abbey - settlement offer

oh yes - when the cheque comes there will probably be a form with it - if there is, or a letter, can you scan it in for us and we can do the FSA complaint.

[Amethyst]

Re: Ladidi v Abbey - settlement offer

WOOOOOOOOOOOOOOOOOO HOOOOOOOOOOOOOOOOOOOOOOOOO !!!!!!!




keep all your paperwork safe for when the test case is over and we'll go get the rest

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Hi everyone,

I thought I would give you all an update, I have just telephoned Ashurst Solicitors and they have informed that my payment has been released by cheque via special delivery

So I should get it either tomorrow or Thursday

[Paule]

Re: Ladidi v Abbey - settlement offer

let me know if I need to start a thread first or not

If you want further advice, and have more questions etc relating to your issues, it is a lot easier for everyone to follow and help if you have your own thread mate.

Ive set a thread up for you here mate
Legal Beagles

PKea

[Budgie]

Re: Ladidi v Abbey - settlement offer

Just to bump it again !!!

These are the definitions of financial hardship as suggested by the FSA in the updated Waiver.

If you meet ALL or even ANY of these criteria then your Bank will have to be SYMPATHETIC and POSITIVE when considering these difficulties.

1. The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems.

2. In making an assessment of financial difficulty the firm will take into account:

a. evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;

b. evidence of the following events:

i. items repeatedly being returned unpaid due to lack of available funds;
ii. failing to make loan repayments or other commitments;
iii. discontinuation of regular credits;
iv. notification of some form of insolvency or court proceedings;
v. regular requests for increased borrowing or repeated rescheduling of debts;
vi. making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii. repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).

3. If during the handling of the complaint the firm becomes aware (including by notification from the complainant) that the complainant may be in, or heading towards financial difficulties, the firm will contact the complainant to outline their approach to financial difficulty cases and to encourage the customer to contact the firm if the customer is worried about their position. The firm will also provide signposts to sources of free, independent money advice.

4. The firm will make available to complainants straightforward information in plain English on the firm’s procedures and systems for dealing with customers in financial difficulty.

5. If it becomes clear to the firm that the complainant needs specialist assistance, the complainant will be referred promptly to a specialist team that deals with customers in financial difficulties, if one exists. The firm will give a phone number on all communications that will put the customer in contact with a named person or a team dedicated to dealing with cases of financial difficulty.

6. Where the firm does not have sufficient evidence to assess whether or not the complainant is in fact in financial difficulty, the firm will seek such further relevant information as is reasonably required to make that assessment. In the event that the firm reasonably requires relevant information to be provided by the complainant and the complainant does not provide the requested information within a reasonable period of time, the firm shall not be obliged to treat such a complainant as being in financial difficulty.


Contact your Bank by phone, email or letter and see if they are willing to discuss and settle your stayed County Court Claim or new claim on the basis of your financial hardship. If you have a stayed claim then on the Banks defence there should be a contact name and telephone number for the person in the Bank's legal department whi is dealing with your claim and would be useful forst point of contact for you.

You have nothing to lose by doing this as the FSA Waiver states :-

(16) if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
(a) the firm must not seek agreement from the complainant that the resolution is in full and final settlement of the matter;
(b) in relation to such complaints, if the outcome of the test case produces a result that is more favourable to the complainant, the firm must take all reasonable steps to pay any difference in the amount of compensation actually received by the complainant and that that the complainant would have been entitled if his claim has not been settled by the firm then; and
(c) the firm must explain the implications of its approach and commitment;

also.......................

(15) to the extent that sums are ultimately to be paid to complainants in respect of relevant charges complaints that have been stayed, the firm must include in these sums an element of compensation in respect of interest charged to or lost by the customer as a result of being out of money during the stay period;

[Tempty]

Re: Ladidi v Abbey - settlement offer

never a truer word said.... if you don't ask you don't get!
I'm seriously considering having a go with nastywest, although my situation is a little complicated as they forced me into taking a loan, then managed to overturn my stay application on the basis i was no longer in hardship! Hmmmm not sure how to tackle that one... i'll give it some thought then let you know what i come up with lol

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Good Morning all,

I have heard nothing from Abbey as of yet, no reply to my acceptance and no cheque and nothing paid into the abbey account we hold. We shall see how this week goes or if we will have to wait until My Coyle comes back off his holidays.

For everyone else thinking of doing the same thing, I say go for it, you have nothing before you start if you think about it, but when you submit everything you may end up with something which is a bit further than you were before.

And I was so rightly reminded, it is a win/win situation as the waiver protects you which means if the test case goes in our favour you can claim the rest at the end of it, and if doesn't go in our favour well your all quids in no matter what!!! Where as when you started all you have is paper work and lengthy discussions and then everything on "hold" as someone said to me "something is better than nothing at all" :tinysmile_twink_t2:

[Tempty]

Re: Ladidi v Abbey - settlement offer

Well done Ladidi
I'm thrilled at the way this has turned out for you...... it's about time that those who need it get a break. well done for accepting the offer and believe me your bravery will be rewarded when you go grab the rest after the test case

[bloomingflower]

Re: Ladidi v Abbey - settlement offer

Have been reading this thread with great interest!!

Am intrigued to know how the charges add up to ££ + pence!! I thought all charges were in round figures, eg £30, £38 (??)

The only reason I bring this up is because I am wondering whether I have included everything relating to charges in my own claims.

Am considering claiming hardship and will start a new thread once I get the paperwork, etc sorted out.

jax

Hi Jax!

I think its got something to do with the interest Jax.. the interest has been calculating in pence.. ive noticed on my spready in the interest column that I also have figures ending in pence too..

Good luck with your hardship claim Jax.. it is deffo worth a good try and you have really nothing to lose.. it may be worth calling the legal rep at your bank..follow in same footsteps as Ladidi and myself..(as well as others)

I am hoping you can also read my thread in vip soon.. so it can give you an idea of what I have done to start off my hardship claim...

regards

BF Jas x

[jax007]

Re: Ladidi v Abbey - settlement offer

Have been reading this thread with great interest!!

Am intrigued to know how the charges add up to ££ + pence!! I thought all charges were in round figures, eg £30, £38 (??)

The only reason I bring this up is because I am wondering whether I have included everything relating to charges in my own claims.

Am considering claiming hardship and will start a new thread once I get the paperwork, etc sorted out.

jax

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Thanks everyone

I will start to enjoy once it is safely in my bank account and shows I can have it to spend

I have not had a reply from Abbey's Legal, although I did read the gentleman concerned is going on his holidays for a week and will be back on 4th August. So time will tell if i receive payment in the next few days or not or some kind of corresspondense to the effect of...As soon as I hear anything I will be sure to let you all know

I`m so glad I wrote the email, I was telling a work collegue and he was telling me he was struggleing to get his back so I gave him "legal Beagles" web site addy and told him how glad I was to have found this place and how much help you all gave. I told him he should also contact the bank for the original complaint reference number as he said he did not have it any more and thought he may start again. I said no they should have this on their records that complaint is already filed and to come here for help with any nicely but strong worded letters he may need to send them to get the ball rolling again.

I believe he will be looking in at some point over the weekend