Ladidi v Abbey - settlement offer SETTLED

**Budgie** · 23rd July 2008, 17:38:PM

Re: Banks granted unfair charges waiver

Hi Ladidi,

Very interesting !

Who is your claim with?

What is the breakdown of your claim, ie Charges, interest, court fees etc?

Rgds Budgie

**Ladidi** · 23rd July 2008, 18:09:PM

Re: Banks granted unfair charges waiver

Hi Budgie,

My claim is with Abbey, My total is £5362.13 and thats broken down at £4442.47 charges for last 6 years and interest. total interest plus charges on date 18/06/07 5362.13 which is the amount abbey are using to settle or rather part settle..No court fees as I was exempt from this at time of claim
------------------------------- merged -------------------------------
I have just worked out that "if" the banks come to some agreement with what Barclays are saying is £8 per charge yeah and take the total claims I have for each of their transactions they have charged me that this comes to £1126.00. So if I was to look at their 70% offer and push for the interest due from date of claim to settlement I would receive £4053.76 but if the banks get ana greement on the say for arguments sake £8 which is what Barclays are pertaining to be a fair amount I would receive £4146.13 plus interest £331.69 totalling £4480.82
I believe they shouldd offer/pay more they have benfit of my/our money for a long time and we should get back what we are due.

What do you guys and gals think?

**Budgie** · 23rd July 2008, 18:11:PM

Re: Banks granted unfair charges waiver

Thanks Ladidi,

OK you can try and push for a bit more.

There is no real legal term to use for this it's just a question of perhaps saying that you have discussed it with your OH and would be prepared to accept a partial, gesture of goodwill payment, at this stage, of say 75% or 80% etc.

HOWEVER :

Note that according to the terms of the waiver :-

(16)
if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
The Financial Services Authority
(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;

So make it quite clear to Abbey that you would only consider this as a payment on account, not in final settlement of your claim.

You can also say that according to the terms of the waiver :-

(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;

Hope that helps !

Regards Budgie

**Amethyst** · 23rd July 2008, 18:15:PM

Re: Banks granted unfair charges waiver

Thats really good news Ladidi.

I think accepting isn't a problem on part payments now using the terms of the waiver....when the case is over in our favour (

) you can get the rest.

I would guess they will try attaching conditions to the offer - without liability, confidentiallity, full and final etc. Just stick your ground (unless you are really desperate for the money of course )

Wonder if this is a sign of things to come...reply to their offer in writing if you can - its no matter what their current charges are - the originals were unlawful (in our opinion) so they must repay ALL of it.

**Ladidi** · 23rd July 2008, 18:20:PM

Re: Banks granted unfair charges waiver

Cheers Budgie,

now your going to think I am being a cheeky burger. I have no idea how to word that so that it comes across as me protecting myself and also so that I do not lose out.

Secondly, does this mean if I have to get this sorted before the 27th July or can I make them wait until after teh 27th then they could not make this an offer as a full and final settlement? Do you know what I mean, half the time I dont think even I know what I am saying lol..

**Amethyst** · 23rd July 2008, 18:22:PM

Re: Banks granted unfair charges waiver

ummmm whats on the 27th ? (sorry if I'm being exceedingly dense)

ahhhhhhh the waiver terms.....well I think those bits were in the original waiver too - will double check tho

hehe lol here

If the firm attempts to resolve a relevant charges complaint after 27 July 2007:

anyway original from th new waiver terms:-

(16)
if the firm attempts to resolve a relevant charges complaint after 27 July 2007:
The Financial Services Authority
25 The North Colonnade Canary Wharf London E14 5HS, United Kingdom
Telephone +44 (0)20 7066 1000 Fax +44 (0)20 7066 1099
Registered as a Limited Company in England and Wales No 1920623. Registered office as above
- 6 -
(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;
(17)
upon resolution of the test case, the firm must apply relevant principles established through such resolution in handling relevant charges complaints under DISP (even if the firm is not a party to the test case);
(18)
the firm must not close accounts or threaten closure of accounts of customers when it might reasonably appear that this is for the purpose (or with the intent) of penalising customers that have complained about unauthorised overdraft charges for having complained, or deterring future complaints from these customers or others. For the avoidance of doubt, the firm may close accounts or threaten to close accounts where there is good justification for doing so based on the circumstances of the particular case;

**Ladidi** · 23rd July 2008, 18:29:PM

Re: Banks granted unfair charges waiver

OMG I cant believe I misread that date...Lol

I`m a right dizzy dodo at times lol

**Amethyst** · 23rd July 2008, 18:33:PM

Re: Banks granted unfair charges waiver

halifax, lloyds and abbey....seem to be getting offers sent out.

lol 'sok took me a while to work out what you meant

**Amethyst** · 23rd July 2008, 18:40:PM

Re: Banks granted unfair charges waiver

Rightio Ladidi, just been talking to Bud on phone as he's had to go out. You want to have a go at a letter asking for what you want using the bits out of the waiver that's quoted above and we'll have a look tonight.

It looks like there MIGHT be a bit of a pattern emerging - as I said in above posts a number of 50% plus offers seem to be coming through - Lloyds, Halifax and Abbey mainly.....I guess they might be counting on people have been waiting soo long they'll snap their fingers off - so we need to make sure peeps don't and if things are accepted make sure its under the terms listed above so the remainder can be reclaimed after the test case.

For SOME people in extreme hardship then depending on the exact circumstances then it might be worth accepting anyway but only in extreme circumstances - for example where to decline would mean the loss of home or bankruptcy etc.

Will be interesting to get a couple others who are borderline hardship with abbey to get in touch and see what they come back with.

**Ladidi** · 23rd July 2008, 18:43:PM

Re: Banks granted unfair charges waiver

I reckon there is something in the air or something is very definitely on the horizon :tinysmile_twink_t2:

**Happyolddog** · 23rd July 2008, 18:45:PM

Re: Banks granted unfair charges waiver

All this stalling and dragging out of this case is a real pain, the only people to benifit are the judges, the FSA, FOS and the banks solicitors. If I get an offer of 50% I will be sure to take it, because at the speed this is going we might not see a conclusion in our lifetimes.

**Amethyst** · 23rd July 2008, 18:48:PM

Re: Banks granted unfair charges waiver

Hmmm well what bud said (and he'll correct me later I am sure lol) was that the FSA have an good inkling of the judgement to come and of course as the banks have had to input of the PIL revisions etc thats going into the court later this week (25th? I think) they have a fair idea too - so the waiver expects further appeals (ie why its going on to January when the appeals are in Oct) so doesn't sound good to banks and the FSa maybe putting pressure on the pay out hardships as they are getting so much poo over it. (lol sorry bud thats not what you said at all but its in Ame language)

Anyway going to have a read about some other places, see what terms are being stuck on these offers etc.

**Amethyst** · 23rd July 2008, 18:49:PM

Re: Banks granted unfair charges waiver

Originally posted by Happyolddog View Post

All this stalling and dragging out of this case is a real pain, the only people to benifit are the judges, the FSA, FOS and the banks solicitors. If I get an offer of 50% I will be sure to take it, because at the speed this is going we might not see a conclusion in our lifetimes.

Well the waiver terms say they can't make the offers as F&F so if you accepted ensure the door is open to have the rest paid on conclusion of test case. Whensoever that may be.

**Ladidi** · 23rd July 2008, 18:54:PM

Re: Banks granted unfair charges waiver

so all in all, all I need is a very carefully and nicely chose email to send off to them accepting their 70% part offer plus interest of course :tinysmile_twink_t2: if I can push enough for it and make it known that I will be wanting the rest at a very much later date when all is concluded :tinysmile_grin_t:

Anyone got any help with that very carefully worded statement I need to fire off to them?

Ladidi v Abbey - settlement offer SETTLED