Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default FOS Abbey hardship claim

    I'm amazed, the fosicon and Abbeyicon have finally accepted that we are suffering significant financial hardship - WOW!!!!!

    My claim for £3k ish was stayed last July days before the hearing and Abbey have piled on the charges ever since.

    I have repeatedly refused to discuss the matter via the telephone and asked for all correspondence to be in writing but now the bl**dy FOS have written and told me that I have to talk to Abbey's collections and recoveries department by telephone 'to identify the correct assistance to offer as to do this in writing would be overly lengthy and impractical'. The FOS 'expect you (me) to cooperate in this regard'.

    I don't want to talk to the bl**dy bank - do I have a choice......

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  2. #2
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    Default Re: FOS Abbey hardship claim

    bump


  3. #3
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    Default Re: FOS Abbey hardship claim

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  4. #4
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    Default Re: FOS Abbey hardship claim

    This is a bit of a reversal to what i have come across (With Nationwideicon/HSBCicon) anyway.

    I told them about "hardship" caused by charges due to my financial position/health etc - provided medical evidence. They totally ignored the letters; and i have thus had to complain to the fosicon. (Still awaiting response)

    In your case i would suggest

    A) Talk to them but prepare with some notes on the line of approach and facts.

    B) If anything is in disagreement or they deny you relief tell them you want this in writing in full

    C) Always ask for time to think about any offer they make

    D) But above all, stick to your guns on the facts and your situation.


  5. #5
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    Default Re: FOS Abbey hardship claim

    Yes thats good advice prepare what you awant to say before hand. If you refuse to speak to them on the phone after being told to by fosicon it will not reflect to well on your willingness to co-operate. You never know they might just surprise you and give you a full offer


  6. #6
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    Default Re: FOS Abbey hardship claim

    veester - the bank ignored me until the fosicon said that they had to listen....

    I still do not really want to talk to them given past experiences so I have put a proposal in writing to them asking for a refund of charges, interesticon and court fees - and also for the freezing of interest on my loan (jumped from 5.9% to 15.9% over 2 years and the bl**dy PPIicon won't pay out...).

    I suppose if they ring I will have to talk to them but I'm hoping they will respond to my letter.


  7. #7
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    Default Re: FOS Abbey hardship claim

    They did the same to me; totally ignored any point on hardship/illness (including medical evidence).

    I would suggest talking to them, they have to confirm anything in writing anyway, and as per my above you don't have to agree to anything on the phone.

    If you engage with them verbally first, then get them to confirm in writing, you can then engage in written comms...

    Looks to me the only and best place to start...


  8. #8
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    Default Re: FOS Abbey hardship claim

    Right I have spoken to them via phone. They will refund the charges (around £1250) but will not discuss the interesticon (quite a significant sum) or the court fees (£220). Nor will they budge on the interest on the loan, which has gone up again this week to 17.9%.

    Any ideas? Am I now in a worse position because how can I proceed with the court case if the charges are refunded just for the interest/costs?


  9. #9
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    Default Re: FOS Abbey hardship claim

    bump


  10. #10
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    Default Re: FOS Abbey hardship claim

    There is nothing wrong with proceeding with your case for interesticon/costs.

    You are well within your rights to accept the offer, but inform them that you will be making representations to claim the interest/costs.


  11. #11
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    Default Re: FOS Abbey hardship claim

    so when it comes to the stay being lifted I continue the claim but deduct the chrages as a partial settlement???


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    Default Re: FOS Abbey hardship claim

    Yes; i would go for that.


  13. #13
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    Default Re: FOS Abbey hardship claim

    Thanks veester.

    Any other thoughts anyone?


  14. #14
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    Default Re: FOS Abbey hardship claim

    but will not discuss the interesticon (quite a significant sum)

    Any ideas? Am I now in a worse position because how can I proceed with the court case if the charges are refunded just for the interest/costs?[/quote]
    Just wondering how much the interest amounts to-if not to personal- good luck tawnyowl


  15. #15
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    Default Re: FOS Abbey hardship claim

    circa £1800 including costs


  16. #16
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    Default Re: FOS Abbey hardship claim

    Hi,
    Encouraged by your success I am going to try the hardship route with the Abbeyicon. What address/contact did you use for them. The last correspondence I had before my case was put on hold was from Triton Square, Regents Park but I was writing to Milton Keynes before this. I don't want it to get stuck in the wrong place for weeks!
    Thanks
    Angela.


  17. #17
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    Default Re: FOS Abbey hardship claim

    Quote Originally Posted by poppynurse View Post
    Thanks veester.

    Any other thoughts anyone?
    Hi Poppynurse
    i too in same boat as you mine being 5k ish, my oh had loan too but they sold it on without our knowledge and now the company are coming after me - all adds to the bloody strain and refund of my 5k would more than clear it.
    seems to me they do as they want, i hope what has been done to us doesn't happen to you regarding loan.

    I do hope you get your money back soon and i wish you good luck with it all.

    jcl


  18. #18
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    Default Re: FOS Abbey hardship claim

    I managed to get the PPIicon to pay out on the loan!!!! so that is paid off.

    I went back to the fosicon and they say that by refunding the charges that Abbeyicon have done all they need to, but I have disputed the amount of the charges (I calculate around £300 more than Abbey say). The FOS have bounced it back to Abbey.

    Now I've got to work out how to amend my spreadsheet to reflect the refund....

    I used the following address regarding my hardship claim:
    Richard Harris
    Head of Complaints
    Abbey
    PO Box 5129
    Milton Keynes
    MK9 2YN

    I also copied it to the bod below - they were the one who did the negotiating (well told me what they would offer):
    Denise Roberts
    Collections and Recovery
    PO Box 534
    Abbey House
    201 Grafton Gate East
    Central Milton Keynes
    MK9 1AN


  19. #19
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    Default Re: FOS Abbey hardship claim

    watching with interesticon

    lloyds S.A.R -sent 04/04/200
    statements received 11/05/2007
    prelim-14/05/2007 -£4987
    lba-30/05/2007
    n1-20/07/2007

    Co-Op prelim sent-20/04/2007-£136.50
    settled in full

    goldfish prelim-27/06/2007

    capital one -deemed served -01/07/2007
    settlement without cci offered 17/07/2007

    halifax prelim-17/07/2007

    aqua--prelim-13/07/2007

    welcome-prelim-30/06/2007
    lba-14/07/2007


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