Ladidi v Abbey - settlement offer ** SETTLED**

[Guest]

Re: Ladidi v Abbey - settlement offer

Yes and I think you could reasonably argue that the words "in the interests of an early settlement and to ensure a speedy resolution to this claim" apply only to the actual court claim and not to any sums that may become due as a result of the waiver conditions.

You merely wish to dispose of the litigation itself and are not absolving them of any responsibility in relation to their potential obligation to pay you more once the test case is concluded in our favour, should that be the case.

[Ladidi]

Re: Ladidi v Abbey - settlement offer

So do I add this ""in the interests of an early settlement and to ensure a speedy resolution to this claim" apply only to the actual court claim and not any sums due in respect of any shortfall that may become due as a result of the waiver. " in the email of acceptance or after I have received funds?

[Guest]

Re: Ladidi v Abbey - settlement offer

No, leave the email as it is in your post #30.

Cards close to chest, remember?

[Ladidi]

Re: Ladidi v Abbey - settlement offer

OK, Did I do the interest thingy right? as I previously said I took amount due and times it by 8% and then added the 2 together. Dont know if that was right though

[Guest]

Re: Ladidi v Abbey - settlement offer

In order to calculate statutory interest, you take the sum owed in charges and multiply it by 0.00022 to get the pence per day they owe you at 8% simple interest. Then multiply that sum by the number of days since you filed your claim. Statutory interest is accruing on £3753.49 at 83 pence per day and has been since the day you filed your claim.

How did you arrive at the sum of £3753.49 in the first place?

[Ladidi]

Re: Ladidi v Abbey - settlement offer

The £3753.49 is what they have said is 70% of my total claim made. I then used that figure and timesd it by 8% and added the 2 together..

Well I never did claim to be brains of britain...lol

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Bud just rang to say if Ladidi want to email him her spready he'll check through it and work the right amounts out for 70% etc percentages inc interest proportionally etc. It does sound as though you have worked out the stat interest incorrectly. Each individual charge has to be worked out at 8% per annum and they will all have different numbers of days to work out the 0.22% bit on.....Theres a spready in the library (but I think bud is saying he'll do it for you if u like - he'll smack me if thats wrong lol) But then again the bank could work it out for you if u trust them pmsl (thats me talking not bud).

anyway my email is amethyst@legalbeagles.info and I'll pass it on if thats what u want to do.

[Guest]

Re: Ladidi v Abbey - settlement offer

Good plan, thanks Ame (and Budgie)

[Amethyst]

Re: Ladidi v Abbey - settlement offer

So Cet, what you sare saying is send them this:-

Dear

Ladidi -v- Abbey
Claim Number:

Thank you for your email of (date)

Your offer of £3753.43 is not acceptable as you have failed to take into account the statutory interest owing on the £3753.49, which today amounts to £300.27 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 £4053.76 to be paid by cheque.


Yours sincerely


Receive a payout and then kindly remind them that payment is not full and final as terms and conditions of waver have set out and should everything go our way I then put in a claim for the remainder plus interest.compensation etc

I might have done my interest bit wrong though as I took the amount and times it by 8% and then added the 2 figures together

Having conversed with Cet and Bud, I agree with the letter as it stands - once the figures are right

[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

[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

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

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

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...

[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