Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi All,
I had a little note when i sighned in pointing out that i had not posted for a while so i thought i had better write something.
Being a tecno idiot i dont tend to post as i really have no idea what im doing ( you should see how long it takes for me to find to bit i want on here everytime)..
Anyhoo ! Abbey have sent a very standard (and badley photocopied) sorry your not happy letter so round two, the letter before action has been sent by recorded delivery today...
Can I ask you all, not having the worlds best credit rateing were is the best place to go for a parachute account ???
ABBEY DPALetter received by bank on 100406. £10 Cheque cashed by shABBEY on 200406. 14 statements received between 8-10 0506. 40 day limit reached on 19/5/06. LBA sent special delivery on 20/5/06 7 days up on the 270506 for the LBA Prelim approach for repayment for an estimated amt sent. 14 days up on the 200606. DPAorder for NON-Compliance served 220606. Expires 060706 Final LBA sent, 14 days will be up on the 060706. Defence from shABBEY received for DPANon compliance 050706 Financial claim deemed served to shABBEY on the 220706 AQ for DPANon Compliance handed in to court on 24706 Defence and 50% offer for Financial claim received 140806 AQ for Financial Claim received 170806 AQ for finacial claim handed in 010906 Hearing 4 amended claim 270906 Fast track Allocation 270906 Disclosure ordered 191006 shabbey failed to disclose 191006
BEERANDY v ABBEY, HELP!! has anybody else had this
Hi All, Has any body else had this.. ??? I have sent Abbey a copy of the letter before action from the libary and recived this in return..
Dear Mr x x x Thank you for your letter dated 09 june and 4 July 2006.
I am sorry we have given you cause to complain in relation to charges incurred on your Abbey Current Account (account number).
I have fully considered the points you have raised, namely that you feel the charges are unlawful at common law,Statute and recent Consumer regulations. The fact remains however that the charges in question were prompted by payment requests against insufficient available funds. As such, they are valid and in line with our terms and conditions. Furthermore, having reviewed the historyof your account, I can see this is not the first time you have incurred charges.
We do not feel that Abbey's chargesare unfair under these reulations. When you opened the account with Abbey, you were provided with a copy of the terms and conditions that detailed the charges that become applicable should you breach the terms of the account. Abbey is up front and transparent about all its banking charges as set out in the tarrif of charges.
If the complaint escalates into the county court, we will review each case individually, and if we feel that our relationship our has broken down completely, we may decide to give notice to close the account under the terms and conditions.
I at that you did not set out to incur charges. Ultimetley however it is your responsibility to monitor your account at all times. As suchand given the above, I do not feel that a waiver of charges is justified. The charges in question therefore stand.
This my final resolution letter. However, if you would like to discuss the content of this letter or have any new points you belive should be taken into account, and which may make a differance to the outcome of the investigation, please contact me within 14 days of this letter on tabove number. If I do not hear from you by then and you have not asked us to extend the deadline for an reason, I will file my papers accordingly.
Should you be dissatisfiel with the outcome of investigation, I would like to remind you that you can refer your complaint to the financial Ombersman Service. I enclose a booklet explaining how to take your complaint to the Financial Ombudsman Service, and should you wish to do so, there is a time limit of six months from tdate of this letter.
Re: BEERANDY v ABBEY, HELP!! has anybody else had this
Hi, I had a similar letter recently but I am not going to stop my action against them, I think they are just trying to scare you out of continuing with your claim. Make sure you have an alternative account should they decide to close yours if/when you go to court and good luck!
Re: BEERANDY v ABBEY, HELP!! has anybody else had this
Hi
Don't pay any attention to this letter (or the next one you will get). This letter is what prompted my thread (Abbey Fob Off). It is just designed to try and frighten off those who are not that serious about claiming back their charges.
So, don't worry about it, don't think that it means you have no chance, and most important, stick to your guns. i did and it paid off last week.
I know I know you are warned that this is not easy but you can live in hope.. Abbey have entered a defence on the last day before i could ask for judgement.
If you've read enough of this board, you'll realise that its quite irrelevant whether they enter a defence or not ( in the case of penalty charges).
If they don't and you try for judgement in default, they'll apply and most likely get a set aside. This will just delay the enevitable 50% offers, your refusal, and your final pay out of 100%.
It's a game. They are probably totally swamped with claims and it is just possible that they don't have enough staff to deal with them. Very few claims now seem to be dealt with by them not defending and I would think it could be error rather than deliberate.
On the other hand, they might just like to give us something new to debate on here.....
Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00 Abbey - Won Charges Refund of £1050 - Nov 06 Egg - Recovered £220 due to Customer Services misinformation - Feb 2007
Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.
hi RBS have entered a defence to against me on the last day the wxxxxxs, can anyone help please. I have recieved a letter from the solicitor do i have to reply to this or wait for the court questionaire? also if the court have not recieved the defence until today as my 28 day was Saturdy have they missed the deadline?
hi they have asked questions
1. account number, sort code and account name!! unblievable
2. the dates of the charges and amount and reasons for the charge
and if i think the the charges
1. should not have been charged
2. if the amount of charge is incorrect
3.how much i think should have been charged
also
please specify the clauses persuant to which the charges were applied
please specify whether the charges applied were due to a breech of contract by me
please indentify in each case the particular breech of contract by ref to appropriate terms of the contract that the charge related to.
I claim that the charges are invalid under the unfair contracts terms act 1977s4 and unfair terms in consumer contracts regulations1999 para 8 an sch 2(1)(e) and unreasonable within the meaning of the supply of goods and services act 1982 s15 they have asked in response to the above paragraph please specify all of the facts relied on by the claimant in support of the contentions in para above and in particular please identify the contractual provisions that the claimant alleges are invalid by reference to the UCTA/the regulations.
please help i think that they are just trying to scare me off i know i am right to claim these charges back but the legal talk is very confusing! di i have to write to their solicitor he is requesting a reply
I have just spoken to the court they say they have not recieved anything from the solicitor at the moment, also they state that i do not have to reply to any letter from the Royal Bank of Scotland or their solicitors as i am now dealing through the court. i can file for judgement at midnight tonight however they can still enter a defence 24 hours after i ask for judgement. I hope this is the case maybe they have only sent the letter to myself and not to the court! but i think this is wishful thinking.
Give them a printed copy of the spreadsheet you've used to calculate the charges.
How much you should have been charged is irrelevant.
The fact is that you maintain that the charges you have had applied are not proportionate to the loss/costs of those applying the charges.
DO NOT SUGGEST IN ANY WAY THAT YOU FEEL YOU SHOULD HAVE BEEN CHARGED X INSTEAD OF Y.
Tell them that it is not for you to dictate how its client shoudl structure its charges, but you will continue to challenge any that you feel are unlawful.
Just give them the facts and play the game your way.
Abbey - Won DPA Claim - Aug 06 and got bailiffs in to recover my court costs of just £30.00 Abbey - Won Charges Refund of £1050 - Nov 06 Egg - Recovered £220 due to Customer Services misinformation - Feb 2007
Nat West - Prelinimary Letter to recover on Credit Card charges £30.00 sent March 2006. £25.40 offered - rejected and the bank reckons that this is it's last word on the matter. We'll see if that's still the case when it reads my N1 form sent recently. It has until the 17th April to respond or the N1 will be submitted.
...as per the question - how much do you think you should have been charged - IMO, the correct answer should be 'a true reflection of their costs due to my breach of contract'.
Or you could ask for a Breakdown of their costs when a breach occurs, as this would enable you to work out the answer for yourself.
It can't be argued. That point is the law, and has been since 1896.
PS. Is the letter from DLA Barley, McGriggle and Drew?
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sorry, can anyone help me,
i know maybe this isnt the right place but can somone please try to get onto the Abbey banking site, maybe its me but when i try the screen is just blank !!!! xx
1st letter to Abbey requesting statements 10/08/06 Reply from Abbey..Sorry on Microfiche..cant do 18/08/06 2nd letter to Abbey Microfiche argument letter R/D 23/08/06 Received 16 Statements from Abbey 23/0806 Reply from Abbey.. enclosed complaints leaflet 2/08/06 Phone call from abbey Re my account 20.55hrs 5/09/06 Letter to MBNA requesting statements 6/9/06 Sent off Data Protection Act letter to MBNA 2/10/06 Sent off Non Compliance letter to P Speed 3/10/06 Cover letter & 5yrs statements received 9/10/06 Received letter from MBNA saying they had reduced limit 9/10/06
hi and thanks to everyone for the advice, the letter is from Cobbetts LLP Manchester. I am going to ask for judgement in the morning and wait to see if the courts send me a questionaire then answer it. I am told that i do not have to reply to the solicitor or RBS. I cant stand the way they just play games with the "little man" i know that this hurts them by fighting for charges but its only a pin prick in the money they make. i shall keep you informed thank you for the advice.
beerandy v Abbey *FULL SETTLEMENT OFFERED*
have sent a very standard (and badley photocopied) sorry your not happy letter so round two, the letter before action
Reply With Quote
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Re: They Have Entered A Defence !!
