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sammy115

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  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. Have you had any response from Rooftop yet Andrew I am wondering whether to pursue Rooftop myself.
  4. I successfully claimed over £4,000 of bank charges with Abbey which left a balance of £1,584 outstanding. The claim was settled in December. Abbey registered a default (in March) but on my credit file it states that I defaulted in November with a balance of £1,584. I have requested a copy of original CCA and statement and original default notice. I received quite quickly a letter stating the following. 'although authorised overdrafts are regulated by the Consumer Credit Act 1979 Abbey does not need a signed agreement from you in order to give you an overdraft facility. I am therefore unable to provide you with a copy, but I have enclosed a statement of account signed on behalf of Abbey and a copy of the Abbey Account terms and conditions'. What they have sent me is a signed screen print of my account which shows that on the 14th October a CAIS- RECOVERIES CAIS letter was sent (?). It also clearly states in the notes at the top of the screen 'pls be aware claim rec'd by legal re bank charges - LCHA 29/6/06 - settled 28/2/07'. It does not show what my account balance was as at 14th October but it does state that on 22nd June my balance was £1,584. As to the default notice they state- 'I can confirm that we informed you of our intention to register default information on 14th October 2006 and the paragraphs below are a true copy of the paragraphs set out in the original letter'. They then go on to repeat the standard wording of a default notice adding my sort code and account number for good effect. I could really do with some help in drafting a letter to respond to Abbey. Can anyone help please.....
  5. Quick update - two defaults have been removed by shop direct financial.. I managed to get through to the director of Littlewoods last Friday and after four hours of calls managed to get the defaults removed. I am waiting for La Redoute to reply to my request for a copy of my CCA agreement and the default notice and I am still waiting........ they have cashed my cheque and the 17th June is the 12 + 2 + 30 days, so letter no 2 will be next. I have been in touch with Wescott (barclayloan debt collectors) to see if I could make an offer of payment, but the debt has been passed back to Barclays, no idea why, but I think it is best to leave alone and deal with the others first. HOWEVER, since my last credit report has been updated Abbey has now put a default on our credit report. We owed £5,500 on an overdraft. £4,000 was claimed on bank charges and they have defaulted us for the rest. I am unsure as to whether to go down the route of asking for a signed CCA and a default notice or suggesting that if they hadn't applied the charges the interest would not have been applied to my account and therefore the outstanding amount not owed. UNFORTUNATELY I threw all my bank statements away - I was so glad to be rid of them, but I wish now that I had asked for the interest back. Does anyone think I would be in with a shot.. I might just ask for copy statements again and work out how much this amounts to.
  6. Hi James Just wondered if you had got anywhere with Wescot as I am thinking of writing to them with regard to my Barclayloan debt.
  7. I have four defaults on my credit files. Two of them are for Shop Direct (additions), although I only had one account. They have one account with the first name slightly different to mine and apparently it defaulted with a balance of £633.00 Jan 06. The second one is in my name and defaulted for £296 in Apr 06. This account was covered by payment protection but the Insurance company refused to pay out for 12 months, due to my previous employer failing to complete the claim forms. Eventually after much complaining the Insurance Company paid out the claim and I thought the balance had been paid off. Default no 3 is for my barclayloan and was passed to Westcott. This default came about when I claimed they had mis sold my PPI. The operator told me that any refund I had for my PPI would cancel out my arrears. However, it didn't because they then claimed they hadn't missold the PPI but cancelled the policy as of that date. I can't really claim to never have had the default because I faxed them a letter of complaint asking them not to default the account as it was an error on their part. Wescott have never chased me for the money and the account was closed with an outstanding balance. Should I pay this first and then try to get the default removed or what? This could take me a while and I am trying to get my credit file improved so I can try and remortgage in Feb 08 when I am out of my penalty charge period. Default no 4 is for my la redoute account - I defaulted with £376 owing and I am currently paying this off at £10 per month. I would be quite happy paying this off over 2 months. Should I ask them for a copy of the credit agreement and the default and see what happens, or should I pay it off and then ask them to stop holding information on me as I didn't agree to it. Any help or experience you can give me would be much obliged.
  8. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html Try this Haydn - good luck
  9. In the grand scheme of things I have decided not to ask for the further accrued interest. Just wondering what will happen to the money now though. My account has just been passed to a debt collector as my account was overdrawn and they withdrew the overdraft when I started this claim. The balance outstanding is more than the claim and the letter they sent was if the account was closed they would send the cheque to me, if not they would put it into my account. If I am with a debt collector is my account closed! By the way - the debt collectors paperwork looks suspiciously like that of the Abbey bank! I think I may now start my second claim against the abbey bank for charges that have been incurred since the start of this first claim and them shutting my account.
  10. Well, well. Got home today to a very inconspicuous letter from Abbey who have decided to SETTLE IN FULL. They have offered me all my charges back, the interest that I stated on my claim form, the court costs and the charge for the allocation questionaire. What a result!!!! So to everyone out there, keep going, keep going, keep going. My only worry now is to hold out for the accrued interest since filing my claim in June (or is that being greedy!!!!) LOL! PS Can a moderator, change my title please!!!!
  11. Good luck Haydn - be prepared for a hard battle, Abbey are proving to be a tough nut to crack. Glenn, thanks for your input, you are quite right the way you have worded it makes more sense now. I was struggling a little bit. I also see why I have to fill the form in now too. Off home shortly to fill in more paperwork!!!!! Have a good evening all
  12. Don't worry - this is standard procedure - look at my thread if you want to read what has happened to me, although I am asking for a lot more. Maybe as your claim is small (although perhaps not to you - they may offer to settle soon)
  13. This is my first draft Application Notice to have Abbeys defence struck out Can I have comments please, I am not sure how to end it either. (sorry its so long) 1. How do you wish to have your application dealt with – without a hearing (Go to question 5 & 6) 5. Level of judge – Left Blank 6. Parties to be served – Abbey Bank PLC Part A I (my name) on behalf of the claimant intend to apply for an order that the court strikes out the defence of Abbey National Plc because Abbey National Plc have failed to comply with an order to file and serve a witness of fact by 4.00pm on 7 November 2006, as directed on the 10th October 2006. Part B I wish to rely on evidence in Part C in support of my application Part C At a hearing on the 10th October 2006 at Redditch County Court, the following was ordered. 1. The matter be allocated to the Small Claims Track. 2. The Claimant do file and serve a witness statement of fact by 4.00pm on 24October 2006. 3. The Defendant do file and serve a witness statement of fact by 4.00pm on 7 November 2006. 4. Leave to the Defendant to instruct a forensic accountant to prepare a report upon the setting and calculation of charges applied to the Claimant's current account with the Defendant, such report to be provided by 4.00pm on 28 November 2006. 5. Any questions to the expert shall be put in writing by 4.00pm on 12 December 2006 with replies to be provided by 4.00pm on 9 January 2007. 6. The parties do confer and agree the documents to be included in a trial bundle, a common bundle to be lodged with the Court 14 days before the hearing by the Defendant's solicitors, to include the skeleton arguments of the parties' submissions. 7. The matter to be listed for hearing on the first open date after 13 February 2007(date to be advised) with a time estimate of 3 hours. The Claimant filed and served a witness statement of fact by 4.00pm on 24 October 2006. The Defendant has failed to file and serve a witness statement of fact by 4.00pm on 7 November 2006. The defendant has repeatedly acknowledged claims, entered a similar defence as they entered in this claim, filed allocation questionnaires, attended case management and allocation hearings, and generally abused legal process to its advantage. However, the defendant has failed to attend court to defend a single claim to my knowledge and has repeatedly settled claims on the ‘steps’ of the court. The Defendant has at its disposal the absolute defence required to defend this claim in its entirety and yet at no time has it ever offered to prove what its costs are in respect of breaches of contract which it claims allows it to levy charges of the magnitude it has done in the claimant and other customer cases.
  14. How come you haven't had to fill in an N244 (like the one I am filling in now). Have you just written a letter. Love the letter by the way. I have done a draft off my N244 and wondered if you would pop over to my thread and read it (it should sound very familiar - as it has been plagarised (sp!) from your thread. LOL
  15. Hi Polly I am a bit unsure now. It was the clerk at the court office who told me I needed to fill in the N224, and I have to admit I was a bit gutted at having to fork out ANOTHER £35. I will do some research today and try to dig a bit deeper. What she actually said was that 'I should apply for the defence to be struck out due to non-compliance of an order'. Does anyone else out there have any experience.
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