Ladidi v Abbey - settlement offer ** SETTLED**

[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

[Tempty]

Re: Ladidi v Abbey - settlement offer

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

[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.

[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????

[Guest]

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.

[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

[TUTTSI]

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.

[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

[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

Ok Guys and gals, I hear you..I will accept the offer and counter claim the remainder with all of your help at a later date which will keep the wolves from the door..

Now one last thing for the moment anyway, any ideas of very nice and polite way of saying Thanks very much I`ll take this but I`ll be back for the rest

Forgot to ask can I request they pay this into my Barclays account and not my abbey account???

[Guest]

Re: Ladidi v Abbey - settlement offer

Your reply needs to be succinct. Say no more than you need to.

Just this will be fine and we can deal with the balance as soon as the cheque has cleared.

Dear (name)

Many thanks for your email. Please make the cheque payable to me at the above address.

Kind regards

Ladidi

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Ok cheers Cetelco, Can I request they pay the money direct into my barclays account or would it better for me to demand a cheque payment?

[Amethyst]

Re: Ladidi v Abbey - settlement offer

Cheque is easier and then its in your control


Whats the current status of your abbey account at the moment anyway?

[Ladidi]

Re: Ladidi v Abbey - settlement offer

Overdrawn by £650!!!

Half the reason I dont want them to pay it in there, figured If I got it they can wait for theirs like I had to wait for mine

[Happyolddog]

Re: Ladidi v Abbey - settlement offer

Congratulations, a great result. Take the money and go and celebrate!

Best wishes,
Hod..Liam..