Ladidi v Abbey - settlement offer ** SETTLED**

[Budgie]

Re: Ladidi v Abbey - settlement offer

OK Ladidi, I agree totally with Cetelco and Amethyst's comments.

Take some deep breathes and re read their posts again.

I wont repeat everything again because they have made it totally clear how matters will stand if you accept this £4000.

Budgie

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Yeah I agree I should take the money and god knows it will clear a few bills and have a little left over for the kids this summer, However, Its states that it is settleing my legal claim, If i accept this then I will lose on the remainder of my claim which inlcuding interest is near £2k Thats a lot of dosh and could go towards other things we have been deprived of, you know what I mean..You see my total claim is filed at the county court and they saying they will give me £4k just to go away and lose out on the remainder..I agree It is near 90% of my charges claim minus interest and court fees/time fighting this case etc letters stamps
I`m at a dielema guys and gals, I want to be 1000% sure that if i accept we are still safe with the remainder of the balance due..as that could be a nice little bonus for christmas or new year

Re: Ladidi v Abbey - settlement offer

Well done Ladidi, in the circumstances I would take the money now it will be much better in your account than theirs and you never know if you hold out it may or may not get an increase on this and 10% is minimal really.

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Excellent....thats nearly the full amount you asked for and will help you out a lot. I'd take it.

You aren't signing away your right to the remainder so don't worry.

Its crap that they are wording it like that cause they are trying to breach the terms of the waiver and people who may not have read the waiver wouldn't realise that the remainder is still claimable after the test case. Maybe a copy to the FSA ?? (after they paid you naturally)

Well done

Re: Ladidi v Abbey - settlement offer

Take the money.

There is no need even to consider it. Take it and smile.

We can deal with any potential breaches of the waiver conditions at some future point. What they have offered is good and over 90% of what you had asked for. Not only that, it is made without liability and only settles your legal claim, not any liability they may still have should the test case be resolved the way we want it to be.

Take the money.

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Hi everyone,

It took ages to find my forum..Lol

Anyway the bank has replied..and well you can all read this for yourselves, howver I think the way they have worded this is in breach of the waiver terms and conditions..

WITHOUT PREJUDICE

Dear

Thank you for your email below.

Having discussed your offer with Abbey, it is unwilling to accept the sum you detail in settlement of your claim. However, in the interests of resolving this matter in light of your financial hardship, it has asked that I put a counter-offer to you in the sum of £4000.

I can confirm that this will be its last offer and should you accept this offer payment will be in full and final settlement of your legal claim, ******** and on the basis that Abbey accept no liability.

Please let me know by return if you accept this offer.

Kind regards


What does everyone think????

[Budgie]

Re: Ladidi v Abbey - settlement offer

Hi Ladidi,

OK have done some work on the figures.

Summary below :-

According to your figures you first calculated charges and statutory interest on 3/3/07. You made the totals :
Charges £4442.47 plus statutory interest £796 ish and a total of £5238.38

I used my own statutory interest spreadsheet and am only a few pence different (£5237.36) so I agree those figures are correct as at 3/3/07.

By the time you actually filed your claim via MCOL on 18/6/07 you had recalculated the figures.
You made the overall total, inc statutory interest £5362.13.
I recalculated the figures, using my own spreadsheet and at 18/6/07 I make the total £5341.74. I have no idea why the difference has occurred. However in my opinion it's close enough that it doesn't really matter anyway.

OK, so when you filed your claim you were actually claiming back all of your charges (£4442.47 ) plus the statutory interest on those charges calculated from the date of each charge through to the date you filed your court claim. Total Claim £5362.13. That is the correct way of doing things.

Since you filed your court claim interest has been continuing to accrue on those charges. Using my spreadsheet and recalculting things up to today the totals are now as follows :-

Charges £4442.47, statutory interest calculated up to 24/7/08 = £1290.70. Total value of claim as at 24/7/08 = £5733.17. So the extra interest that has accrued on your claim since you originally filed it = £5733.17 - £5362.13 = £371.04

Having had a chance to think about it overnight. I would have suggested that you actually went back to Abbey with a suggestion of 70% of the value of your claim as it stands today. IE 70% of £5733.17 which equals = £4013.22 and then added your Court fee ( £300 ? ) to this figure making an overall total of £4313.22.

However, I note that you have actually asked them for a little bit more ( £4384.18 ) so that's good.

I am eagerly awaiting some news from you regarding their response to the email.

Budgie

PS : I have saved a copy of your figures onto my Statutory interest spreadsheet so will forward a copy of this to you in due course.

[Tempty]

Re: Ladidi v Abbey - settlement offer

All good stuff Ladidi
I'm watching this one with interest!

[Ladidi]

Re: Ladidi v Abbey - settlement offer

No replies as of yet hunny, I will forward you a copy of what I said to them and what they reply with later on today (if they reply) as I have to get ready for work now..TTYL bye for now

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Did the bank email you back with the offer or call you ? Be good to see what they actually said and if any wheedling was on the agenda - if u have copies can u send them me on email? ta hunny. Have forwarded bud your spreadie.

Yep fell asleep last night was pooped and going to go back sleep now cause I got flu

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Hiya Budgie,

To be honest as I said in my post "Email Sent" I`m hoping I have done the right thing and I haven't cost myself nearly 2k, now that would be a downer. But on saying that, the gentleman I spoke to was adamanant he was not going to up any of the offer and 70% was all they was going give no matter what, we shall see what they come back with..The only reason I didn't bite his hand off straightaway ws because I wanted to be sure I covering myself.
From what everyone has said with regards to the waiver in place no matter what they give me now they have to give me any differences should the test case go our way including interest and compensation as Cet earlier said we are on a win/win no matter how they want to play ball and if they want to get shirty they are breaching the terms and conditions of the waiver

I have sent email as I said in my last post, we shall see what they come back with today...

With regards to anyone else wanting to test the waters of their banks, if you know the email address of the legal person dealing with your case, just send them a nicely but strongly worded email of your current position, thats all I did and apparently they went and spoke to the bank who agreed that the case should be dealt with under the hardship cases...I took a chance not expecting much of a reply, but be prepared, they will prolly offer you low, they offered me 65% to start with and I turned that down ina heart beat and the he said the most he would go is 70%, but as Cet said earlier no matter what the give you now, should the Judge rule in our favour we will get the difference n matter what, also you have think of, what if they all strike a deal like they did with the credit cards..what will they charge..Barclays started speculation by saying they will reduce theirs to £8 and now Abbey are rumoured to be cutting theirs to £15, way up your total claim to date, way up the difference if the reduce their charges and what is deemed to be fair..at end of day no matter how they play ball, we will still get is owed in the difference between to what we have got to what we should have got..
At least thats the way I understand things anyway...

[Budgie]

Re: Ladidi v Abbey - settlement offer

OK Ladidi,

I suggest we leave things as they are until the morning.

I think Ame has dropped off !

Hold off on sending any email to the Bank until we have had a chance to double and triple check everything, OK?

Will get back to you on here asap tomorrow morning.

Budgie XX


and Hiya Shooter,

There is no problem with posting links to your thread on here, whatsoever.

I am not sure if there are any Lloyds "offers" here on LB but am sure that I have seen some on other sites in the last few days. ( MSE ) I think. I am going to have a good trawl around tomorrow. Anyway, even if Lloyds havent yet done so there is a good chance that they will be doing so shortly, there are reasons why some Banks ( Halifax and Abbey for definite ) have started to do this and it is pretty likely that we will see a similar scenario with the other Banks too.

I Will have a read of your thread in the morning and try to offer some assistance and I am sure everyone else on LB will be keen to help you if it's at all possible.

Cheers Budgie

[Ladidi]

Re: Ladidi v Abbey - settlement offer

In the mean time file the email as per earlier? adding "Without Prejudice" Just to give a me little extra security?
------------------------------- merged -------------------------------
I have sent a copy of what I had done originally Ame it should be in your inbox

Fingers crossed, I will either get a reply saying forget it see you in court s*cker or they will bring down the claim amount. Email sent looking forward to tomorrow..not lol

Dear Mr

Without Prejudice


Ladidi-v- Abbey
Claim Number: Claim Number


I am writing this email in response to our telephone conversation we had on 23rd July 2008.

Your offer of £3753.49 is not acceptable as you have failed to take into account the statutory interest owing on the £3753.49, which today amounts to £330.69 and my costs of £300.00. and which would not have been payable had your company paid me this sum before I was forced to litigate.

However, in the interests of an early settlement and to ensure a speedy resolution to this claim I will accept an immediate payment of £4384.18 to be paid by cheque.


Yours sincerely

[Budgie]

Re: Ladidi v Abbey - settlement offer

Ahhhhh, just got in.

Have been keeping an eye on this thread whilst out this evening.

Excellent work Ladidi, Cetelco and Amethyst and the thread makes for excellent reading.

Also, just to confirm that I would be pleased to sort out your spreadsheet for you and check the figures etc so that you can be sure you are 100% correct. I will add some notes onto the Spreadsheet so that the method of calculation is clear to the Banks. Bankers don't understand complicated things like interest LOL !!! PM your spreadsheet through to Ame as suggested and she will forward to me. I will work on it first thing in the morning for you.

Budgie

[Ladidi]

Re: Ladidi v Abbey - settlement offer

hiya Bud, Cet and Ame,

Many thanks for your replies. When i first started to make my claim I used the calculator on the Mrtin Lewis website and this gave me the total of amount to be claimed with interest amount seperately so you could break down each claim made.

I have just used it again and it gave me total claimed £3753.49 plus interest from 18/06/2007 which is date claimed filed in court intrest due £330.69 so total claim is £4084.18 due