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Old 10th January 2008, 00:40   #1 (permalink)
Jean_B
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Talking Jean vs Abbey

Ok I have started a new thread, hope thats ok. My previous one kind of spun off into another debate.

Anyway I'm all ready to rock and roll. Bring it on.

I have just compiled my huge spread sheet.

Can I just ask why you can't include the interest in the first letter and spreadsheet?

Thanks
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Old 10th January 2008, 01:09   #2 (permalink)
Jean_B
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Default Re: Jean vs Abbey

I am also a little confused by this element of the 1st letter

'£XXX which you have charged me in overdraft interest for the sum which you have taken.'

I thought I couldnt add the 8% or is this something else? Sorry I am a tad confused as I have an overdraft on my account and the charges come out because I eat it into it
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Old 10th January 2008, 01:29   #3 (permalink)
Jean_B
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Default Re: Jean vs Abbey

Ok sorry, ignore that last question. I have found it.

"you can claim the interest back that they charged you if it was incured as a resultof penalty charges.

The spread sheets in the FAQ section gives interest based on this idea plus another section for the 8%.

The 8% is only applied when you go to court, as i understand it the overdraft interest can be claimed back as part of the original claim irrespective of going to court or not
."

I gather this is correct
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Old 10th January 2008, 01:43   #4 (permalink)
Angi
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Default Re: Jean vs Abbey

You claim the interest at court stage...
take your time with your claim, ask for help when you get stuck ( I think Im top of the get stuck list lol) read the FAQ as much as possible, it helps you understand what your doing...dont worry you will get there

Angi x
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Old 10th January 2008, 01:47   #5 (permalink)
Jean_B
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Default Re: Jean vs Abbey

Thanks Angi. I think Im there now.

I have removed the overdraft interest as I get charged for this anyway.

I'm going to get a family member to double check the figures.

Do I send it registered post or normal?
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Old 10th January 2008, 01:56   #6 (permalink)
Angi
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Default Re: Jean vs Abbey

Do I send it registered post ? YES

this is your proof plus you can check royalmail online to see its got there & been signed for...

Good Luck

Angi x
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Old 11th January 2008, 10:05   #7 (permalink)
Jean_B
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Default Re: Jean vs Abbey

The letter is sent. So now I wait.

But can I just get some clarification regarding the stay.

Some people have requested this is lifted, so does this happen?

Also the case begins next week, what part of the process takes 8 - 10 days? Is this the judges decision if it should proceed.

Thanks
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Old 11th January 2008, 10:40   #8 (permalink)
stonedecroze
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Default Re: Jean vs Abbey

Some people have requested this is lifted, so does this happen?

yes and no some get stay lifted but majority do not now as we so near to test case

Also the case begins next week, what part of the process takes 8 - 10 days? Is this the judges decision if it should proceed.

This is the expected time the case will take to be heard, then we have to wait for judges decision which will take as long as it takes. this timeline is speculation and IMHO will take cosiderably longer. in the meanwhile just carry on with your own claim as if none of this were going on. Good luck. Stone
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Old 18th January 2008, 12:41   #9 (permalink)
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Default Re: Jean vs Abbey

I received a response from Abbey. A rather long letter with the usual stuff, indicating that if I request the stay to be lifted they will oppose it.

So do I now just sit and wait
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Old 18th January 2008, 13:35   #10 (permalink)
Angi
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Default Re: Jean vs Abbey

Hiya Jean

Im waiting for a response from HSBC the papers where served with them last week ( at court stage) its my friends claim, so he/we are just going to sit back, as the test case is on now. And from what Ive been reading most if not all of the banks are opposing the stay. So I think just wait and see what happens with the test case.
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Old 18th January 2008, 14:32   #11 (permalink)
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Default Re: Jean vs Abbey

Yep, perhaps at some point if the situation looks like it is going to drag on and on then I will go ahead regardless.
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Old 18th January 2008, 20:22   #12 (permalink)
stonedecroze
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Default Re: Jean vs Abbey

It is prob the best thing to do at the moment, as the courts are very unlikely to set aside stays whilst the test case is on going. the judge in the test case has already said that he will have something to say about them in his judgment.
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Old 19th January 2008, 12:30   #13 (permalink)
Jean_B
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Default Re: Jean vs Abbey

Thanks. I can't see how charges can be thrown out completely, surely there also has to be some method to stop people getting overdrawn.

On the flipside I surely they can implement a system which stops you getting overdrawn or a system which acknowleges you have money going in every month. Most of my initial charges are for going over by £1.00 at London Transport.
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