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The Bank Action Group - against unlawful bank charges
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Abbey Bank Meet other Abbey Bank customers who have also been faced with excessive unfair bank charges. Exchange encouragement and information about getting your bank charges refunded


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 1st September 2007, 09:59   #1 (permalink)
FightBack
Basic Account Customer
Default Warrant of execution question

Hi all,

Issued a warrant of execution against Abbey on 22 Aug, as they failed to pay up as ordered on the 13th. Got a letter & cheque yesterday for the amount I issued the warrant for, but NOT the £55 warrant fee. Do I pay the cheque in, hang onto it & write to the Abbey for the other 55 quid, or mither the bailiffs/court for the rest?

Advice appreciated!!
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Old 1st September 2007, 11:35   #2 (permalink)
Lula
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Default Re: Warrant of execution question

when was the letter and the cheque dated, it looks like they might have ignored the baliff and just payed you the money, if the baliffs were called in then they should have paid the baliff and not you and let the baliffs persue them for the balance, so basically, you let the baliffs continue to do what you have paid them to do and get the balance, or you could ring them and say that you have had to have the court baliff involved and they are liable for the fee
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Old 11th September 2007, 12:37   #3 (permalink)
FightBack
Basic Account Customer
Default Re: Warrant of execution question

Quote:
Originally Posted by Lula View Post
when was the letter and the cheque dated, it looks like they might have ignored the baliff and just payed you the money, if the baliffs were called in then they should have paid the baliff and not you and let the baliffs persue them for the balance, so basically, you let the baliffs continue to do what you have paid them to do and get the balance, or you could ring them and say that you have had to have the court baliff involved and they are liable for the fee
Cheque was dated 30th Aug, paid it in quick smart I can tell you

Just been back on to the bailiff, he spoke to Ashurst (Abbey sol) about 10 days ago & they said they would issue a £55 cheque straight away! Nothing as yet, so he's having another go. Why they don't just walk in, take a computer & flog it I don't know, much easier!
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Old 11th September 2007, 23:58   #4 (permalink)
kopw
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Smile Re: Warrant of execution question

I would love to see a video of a bailiff entering an abbey branch and taking their computers....Oh! it would make my day...
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Old 12th September 2007, 00:05   #5 (permalink)
Lula
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Default Re: Warrant of execution question

oh me too
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Old 12th September 2007, 09:28   #6 (permalink)
johans
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Default Re: Warrant of execution question

ditto!
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Old 13th September 2007, 11:50   #7 (permalink)
FightBack
Basic Account Customer
Default Re: Warrant of execution question

Quick update, cheque for £55 arrived from Abbey yesterday (via Ashurst), took a while but got there in the end! However, from the lack of replies to my most recent preliminary & LBA letters, round 3 appears to be looming, stay posted.....
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Old 14th September 2007, 01:03   #8 (permalink)
overflow
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Default Re: Warrant of execution question

HI Fightback,

Could I ask you how long you were waiting for your money after Judgement before you issued Warrant?

Regards
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Old 14th September 2007, 11:35   #9 (permalink)
FightBack
Basic Account Customer
Default Re: Warrant of execution question

Quote:
Originally Posted by overflow View Post
HI Fightback,

Could I ask you how long you were waiting for your money after Judgement before you issued Warrant?

Regards
Sure. I was granted judgement with an order to pay forthwith on 13/8. By 22/8 I'd heard nothing so went to the court & applied for the warrant of execution. Technically you can apply for it immediately, but I figured 9 days was enough for a company the size of Abbey, & I was fed up with their messing me around (I got judgement because they never bothered replying to my N1 claim form).

Unfortunately I never got the chance to go watch the bailiff in action, but I think they coughed up with just a quick visit/phone call from him. Obviously it's another £55 (in my case) but that is just added onto the total - my claim ended up costing them 30% more than if they'd just paid up in the 1st place!
__________________
April 2007: Claim v Abbey settled £680!
July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!
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Old 14th September 2007, 16:49   #10 (permalink)
overflow
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Default Re: Warrant of execution question

HI Fightback

Thanks for the reply. Thats given me some hope now.

After reading round other threads i was coming to the conclusion that if I asked for a warrant then the bank would definately ask for it to be stayed.
Im keeping my fingers crossed that things go the same route as yours did then.

I was toying with the idea of sending them the standard letter with a copy of the Judgement Granted and giving them another 7 days to pay then going for Warrant , but, seeing as how youve spurred me on Im not going to now.

Thank you very much.

Regards
__________________
30-12-2006--Requested statements from Local Halifax.
02-02-2007--Statements Recieved.
18-04-2007--Prelim sent.
20-04-2007--Reply , Thanks , give us 8wks letter.
02-0502007--Sent L.B.A. & Schedule of Charges
11-05-2007--Recieved reply ,still investigating.
17-05-2007--Sent Amended L.B.A. for Contractual Interest this time.
14-06-2007--Received standard Bog Off letter.
13-06-2007--Took N1 to Local Courts.
26-06-2007--Copy of N1 from Court, issued 21-06-2007. to Halifax, Deemed Served 25-06-2007
Have till 09-07-2007 to file Defence.
05-07-2007--Note that Acknowledgment of Service been Filed on 29-06-2007.
Have 28 days from date of Service to File Defence.
07-07-2007--Offer from Halifax.
09-07-2007--Rejection letter sent to Halifax. Next day delivery.
10-07-2007--Money put in Account
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