Ladidi v Abbey - settlement offer ** SETTLED**

[Ladidi]

Hi Everyone,

I dont know wether this is good news or bad news, but here goes.

In light of the banks being given a further waiver, I emailed the Legal dept with in depth conversation/written/emailed letter as to our current circumstances. Anyway, not expecting that much of a good reply except everything on hold blah blah. They got back to me today and offered to settle our case for 65% of the value. The total value when we submitted it to court in June last year was £5362.13 They was offering a paltry £3485.38 we declind this straightway and they made another offer of 70% stating they would not go higher than this, this was their legal person, anyway as I was at work and speaking ont he phone at the time I said I would have reveiw this and talkit over with my husband and would get back to him. I have not been able to do this, but felt the best people to ask would all you loverly people on here

Does anyone have any sound advice for me or what legal terminology I can use to force them to up their offer?

Many Thanks

Ladidi

[hoops-morton]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Its Abbey Im up against so well done to you!

[Amethyst]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Spreadsheet to 8th jan

[Amethyst]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

nice one

change this bit.

You will be aware that there is an amount outstanding totalling £1755.47 charges including interest at 8% PA which is increasing the total at a rate of £0.10 per day


check the 75% drop figure, and do a spell check, add your IE and sorted

Don't expect this to be dead simple tho.

[Ladidi]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Dear XXX

Thank you for the interim repayment of charges, received on 29/07/2008, which were unlawfully taken from my account. You will be aware that I do not consider that your goodwill payment of £4000.00 in full and final settlement of my claim and I expect Abbey National PLC to abide by the guidelines of the FSA waiver from its complaint handling rules and particularly those guidelines which apply to a firms attempts to resolve a bank charges complaint after 27th July 2007.

Since this interim payment my husband, Mr XXXXX, has become unemployed due to illness and no longer receives any income. I am now the sole earner which has meant a drop of 75% income per month. We have reduced our expenditure as far as possible, but we do not have enough income or benefits to meet our essential monthly outgoings.

You will be aware that there is an amount outstanding totalling £1748.15 charges and interest thereon which currently totals £170.33. Total amount payable from yourselves £1918.48

I enclose an updated income and expenditure sheet to give you our current financial situation, as well as copies of letters from our priority creditors, outlined below.

Mortgage on home - £2800 in arrears - Court proceedings for repossession will commence unless payments are bought up to date.

Council Tax - £499.95 in arrears - No payments made bailiffs will be issued for removal of goods from the home.

Secured Loan - £800 in arrears - Court Porceedings for a reposession order will commece unless payments are bought to date and arrears cleared.

We have contacted the Consumer Credit Counselling Service and we are currently negotiating with all our creditors and mortgage lender for some respite until my husband recovers is able to find new employment.

It would greatly assist us if you could help us by paying the balance of our outstanding claim, as detailed previously. We will accept part payment direct into our Abbey account to clear the account balance due, with remainder by cheque to pay our priority debts.

Thank you for you time in this matter.

Yours Sincerely


* No courts fees paid by ourselves as we was exempt hun *

[Amethyst]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

total outstanding claim £1748.15 inc 8% plus the court fee

[Amethyst]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Dont Send Anything Yet

[Ladidi]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Dear XXX

Thank you for the interim repayment of charges, received on 29/07/2008, which were unlawfully taken from my account. You will be aware that I do not consider that your goodwill payment of £4000.00 in full and final settlement of my claim and I expect Abbey National PLC to abide by the guidelines of the FSA waiver from its complaint handling rules and particularly those guidelines which apply to a firms attempts to resolve a bank charges complaint after 27th July 2007.

Since this interim payment my husband, Mr XXXXX, has become unemployed due to illness and no longer receives any income. I am now the sole earner which has meant a drop of 75% income per month. We have reduced our expenditure as far as possible, but we do not have enough income or benefits to meet our essential monthly outgoings.

You will be aware that there is an amount outstanding totalling £1362.13 charges and interest thereon which currently totals £170.33. Total amount payable from yourselves £1532.46

I enclose an updated income and expenditure sheet to give you our current financial situation, as well as copies of letters from our priority creditors, outlined below.

Mortgage on home - £2800 in arrears

Council Tax - £499.95 in arrears

Secured Loan - £800 in arrears

We have contacted the Consumer Credit Counselling Service and we are currently negotiating with all our creditors and mortgage lender for some respite until my husband recovers is able to find new employment.

It would greatly assist us if you could help us by paying the balance of our outstanding claim, as detailed previously. We will accept part payment direct into our Abbey account to clear the account balance due, with remainder by cheque to pay our priority debts.

Thank you for you time in this matter.

Yours Sincerely

[Paule]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Here's my spin on it

Dear XXX

Thank you for the interim repayment of charges, received on xx/xx/xx, which were unlawfully taken from my account. You will be aware that I do not consider that your goodwill payment of £xxx in full and final settlement of my claim and I expect Abbey National PLC to abide by the guidelines of the FSA waiver from its complaint handling rules and particularly those guidelines which apply to a firms attempts to resolve a bank charges complaint after 27th July 2007.

Since this interim payment my husband, Mr XXXXX, has become unemployed due to illness and no longer receives any income. I am now the sole earner which has meant a drop of 75% income per month. We have reduced our expenditure as far as possible, but we do not have enough income or benefits to meet our essential monthly outgoings.

You will be aware that there is an amount outstanding totalling £1362.13 charges and interest thereon which currently totals £170.33. Total amount payable from yourselves £1532.46

I enclose an updated income and expenditure sheet to give you our current financial situation, as well as copies of letters from our priority creditors, outlined below.

Mortgage on home - £2800 in arrears

Council Tax - £499.95 in arrears

Secured Loan - £800 in arrears

We have contacted the Consumer Credit Counselling Service and we are currently negotiating with all our creditors and mortgage lender for some respite until my husband recovers is able to find new employment.

It would greatly assist us if you could help us by paying the balance of our outstanding claim, as detailed previously. We will accept part payment direct into our Abbey account to clear the account balance due, with remainder by cheque to pay our priority debts.

Thank you for you time in this matter.

Yours Sincerely

[Amethyst]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Re Mr X - is he not entitled to any benefits ? I assume from this that the DLA is yours?

also you need to change ACTION DUE to the possible actions faced and what the letters say you received, ie for council tax say about the bailliffs.

[Ladidi]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Dear XXX

Firstly, thank you for the interim repayment of charges which were unlawfully taken from my account. You will be aware that I do not consider that your gesture of goodwill payment was been made in full and final satisfaction of my claim and continue to expect Abbey National PLC to abide by the guidlelines of the FSA “waiver” from its complaint handling rules and particularly those guidelines which apply to a firms attempts to resolve a bank charges complaint after 27th July 2007.

You will be aware that there is an amount outstanding totalling £1362.13 charges and interest thereon which currently totals £170.33. Total ammount payable from yourselves £ 1532.46
Since this interim payment has been made, my husband Mr XXXXX has become unemployed since 01/10/2008 due to a break down he suffered and his income is nil. I have become the sole earner which has meant a drop of 75% income per month, and although we have adjusted our expenditure so far as possible thus far, we do not have enough income or benefits to meet our monthly essential outgoings.

I am enclosing a detailed income and expenditure sheet to give you the details of this and also copies of letters which detail the pressing issues below;

Mortgage on home - £2800 in arrears - ACTION DUE

Council Tax - £499.95 in arrears - ACTION DUE

Secured Loan - £800 in arrears - ACTION DUE

We have been in contact with the Consumer Credit Counselling Service and are currently negotiating with our creditorsand mortgage lender for some respite whilst my husband gets better and is able to find new employment.

It would greatly assist us if you could help us by paying the balance due of £1532.46 as detailed previously, we would agree this balance could be paid direct into our Abbey account effectively clearing the balance due leaving the remainder to help us pay towards the arrears that are due on our priority debts.

Thank you for you time in this matter.

Yours Sincerly

__________________

[Amethyst]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Dear XXX

Firstly, thank you for the interim repayment of charges which were unlawfully taken from my account. You will be aware that I do not consider that your gesture of goodwill payment was been made in full and final satisfaction of my claim and continue to expect Abbey National PLC to abide by the guidlelines of the FSA “waiver” from its complaint handling rules and particularly those guidelines which apply to a firms attempts to resolve a bank charges complaint after 27th July 2007.

You will be aware that there is an amount outstanding totalling £XXXXX charges and interest thereon which currently totals £XXXXX (we need to work out recent charges & interest that they repaid and sort out spreadie for the remaining charges then add the 8% PA on - oh court costs will have to come out the original amount too so bit of juggling and recalc needed)

Since this interim payment has been made, my husband Mr XXXXX has become unemployed since 01/10/2008 due to XXXXXXXXXXXXx and his income is currently only made up of Disability Living Allowance (is that right?). I have become the sole earner which has meant a drop of XX% income per month, and although we have adjusted our expenditure so far as possible thus far, we do not have enough income or benefits to meet our monthly essential outgoings.

I am enclosing a detailed income and expenditure sheet to give you the details of this and also copies of letters which detail the pressing issues below;

Mortgage on home - £2800 in arrears - ACTION DUE

Council Tax - £XXXX in arrears - ACTION DUE

Secured Loan - £XXXX in arrears - ACTION DUE

We have been in contact with the Consumer Credit Counselling Service and are currently negotiating with our creditorsand mortgage lender for some respite whilst my husband seeks new employment/gets better?

It would greatly assist us if you could help us by paying the balance due of XXXX as detailed previously. (possibly writing off the abbey overdraft wants a mention?)

Thank you for you time in this matter.

Yours Sincerly

[Ladidi]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

Ok hunny cheers

thats brilliant news well done

I've got your docs and will edit them and put them up in VIP xx

Looking at the letter now

More update.

I have finally got through to the mortage company and they have said they will allow me to pay my new monthly payment plus 1 pound off arrears for the next 3 months.

They are going to reveiw this in March as it will tell them whether my payments will be increasing or decreasing.

I asked them about capitalising the arrears, and they point blank refused this. Said they did not offer this service. I said well if they did, it would be so much better than chasing for a payment at this point in time a lot of people cannot make. It would be good business for them and good for the home owner as it would take pressures off during the current climate. They are sending me a letter confirming agreement in place and have assured me they will not be taking me to court as long as i dont break the agreement.

Now for the second charge company..not holding out much hope with them as they are complete waste of time.

At least with my having an agreement with the main mortgage provider we can breathe relief that they cannot force the sale of our home or eviction..

[Amethyst]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

thats brilliant news well done

I've got your docs and will edit them and put them up in VIP xx

Looking at the letter now

[Ladidi]

Re: Ladidi v Abbey - settlement offer ** SETTLED**

More update.

I have finally got through to the mortage company and they have said they will allow me to pay my new monthly payment plus 1 pound off arrears for the next 3 months.

They are going to reveiw this in March as it will tell them whether my payments will be increasing or decreasing.

I asked them about capitalising the arrears, and they point blank refused this. Said they did not offer this service. I said well if they did, it would be so much better than chasing for a payment at this point in time a lot of people cannot make. It would be good business for them and good for the home owner as it would take pressures off during the current climate. They are sending me a letter confirming agreement in place and have assured me they will not be taking me to court as long as i dont break the agreement.

Now for the second charge company..not holding out much hope with them as they are complete waste of time.

At least with my having an agreement with the main mortgage provider we can breathe relief that they cannot force the sale of our home or eviction..