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.

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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.

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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.

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  1. #1
    jcl jcl is offline
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    Unhappy Abbey bank charges - hardship rules- please help ***WON***

    wrote to Abbeyicon about charges they paid £750 gratia payment into my account told them it was'nt enough etc, told if i submitted court papers they would have it put on hold till after hearing, just read about hardship rules and wondered what they are.
    my charges started my financial troubles, i'm owed £5000 +, taken from an account that had benefits going into it, would it be worth me submitting papers and which court to go to in North west area.

    please could anyone advice me!

    Thank you
    jcl

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  2. #2
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    Default Re: Abbey bank charges - hardship rules- please help

    You will have to consider registering a complaint to the fosicon, you will need a final response from Abbeyicon before they will act IMHO.

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  3. #3
    jcl jcl is offline
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi Old_ Andrew 2007, thankyou for reply i am writing my letters tonight to Abbeyicon ( yet again ) and to fosicon, do you know if its still 14 days to reply (frm Abbey) when i tell them of my in tension to go for the special hardship rules ?

    Regards

    jcl


  4. #4
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi Jcl,
    Take a look at this thread started by poppynurse, and is quite relavant to your claim. http://www.consumeractiongroup.co.uk...ml#post1593044
    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  5. #5
    jcl jcl is offline
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    Default Re: Abbey bank charges - hardship rules- please help

    Old_Andrew2007,

    Hi Andy
    Thanks for that i have just read link,
    i wrote new letter to them last night asking them to look again, stating my
    reasons for the hardship and how they were the start of my financial troubles etc and that i have necessary proof, i will let you know when i have/ if I hear from them.

    Thanks for your help Andy it's much appreciated

    jcl


  6. #6
    jcl jcl is offline
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    Default Re: Abbey bank charges - hardship rules- please help

    I sent my letter to Abbeyicon saying i intend to claim under the hardship rule, i put contact numbers on letter as well, not sent letter to fosicon yet to give time for Abbey to get back to me, once they do and if i still not happy am i ok to send letter to Fos and do i need to tell Abbey i have ?

    Please can someone clarify this for me, Many Thanks

    jcl


  7. #7
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    Default Re: Abbey bank charges - hardship rules- please help

    IMHO you simply need to receive a final written response from Abbeyicon, you will then be free to sent your complaint to the fosicon.
    There is no need to inform Abbey, they will hear about your complaint direct from the FOS when they will I believe receive a request from the FOS for the investigation fee £400.00.
    Regards

    Andy

    Advice is based on my personal opinion, and what I have learnt from this forum.
    If you need legal advice please consider consulting a lawyer.


  8. #8
    jcl jcl is offline
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    Smile Re: Abbey bank charges - hardship rules- please help

    Hi Andy

    Thank you for your help with this, it is much appreciated.
    I will wait now to see what happens next, i will let you know when
    i get word back.

    once again thank you

    jcl


  9. #9
    jcl jcl is offline
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    Default Re: Abbey bank charges - hardship rules- please help

    Since i wrote to Abbeyicon again saying i was going to go for the hardship ruling i have not heard anything though i sent letters by recorded delivery,
    please could someone advice what i should do now ? been 14 days.

    Regards
    jcl


  10. #10
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi JCL,

    Having read your thread I think you need some guidance. I have just received 65% of my claim from Abbeyicon under the current Financial hardship waiver rules. With my claim took Abbey just under 4 weeks to make me an offer and incidentially it will not prediduce my on going claim. The money will be in my account this week as Abbey recognised me as a genuine hardship case.

    The best way forward you should do your letter before actionicon and include the hardship details as follows:-

    1.Income and expenditure sheet.

    2.Documentary evidences ie court summon's, statement from your mortgageicon company showing that you are in arrears, council tax, electricty and gas arrears etc....

    3.Include in your letter why you believe you should be considered a hardship case ie in my case my hubby had a couple of emergency operations and we fell into serious arrears leading to a suspended possession order and behind with paying household bills. You have to spell out exactly why you feel that you have good grounds under the present fsa waivericon rules on hardship.

    4.An up to date spreadie of charges and interesticon (call it compensatory interest not statutory).

    Use the reference that they gave you on their last letter and send it to that department by recorded or special delivery so that they have to sign for.

    If you need any further help I would be pleased to assist
    .

    Tuttsi xx



  11. #11
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi TUTTSI,

    Thankyou for your reply, i decided on the hardship ruling as i first wrote to them last year to no avail was put on hold like everyone else, my hubby changed jobs as he drove for a living but developed sleep disorder so had to change to lower paid job and at first I was managing till Abbeyicon started with there fees etc etc so they are the main cause of my hardship, i had to endure going to court, depression etc etc along with health issues i already have, we just ended up with wages going in and them taking it straight out, I have all paper work. So decided the hardship way forward and wrote letter stating this sent recorded on the 28th August and still waiting reply so would you write again or submit court papers as i haven't done this yet ?

    Your Help is much appreciated
    jcl


  12. #12
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    Default Re: Abbey bank charges - hardship rules- please help

    Quote Originally Posted by jcl View Post
    Hi TUTTSI,

    Thankyou for your reply, i decided on the hardship ruling as i first wrote to them last year to no avail was put on hold like everyone else, my hubby changed jobs as he drove for a living but developed sleep disorder so had to change to lower paid job and at first I was managing till Abbeyicon started with there fees etc etc so they are the main cause of my hardship, i had to endure going to court, depression etc etc along with health issues i already have, we just ended up with wages going in and them taking it straight out, I have all paper work. So decided the hardship way forward and wrote letter stating this sent recorded on the 28th August and still waiting reply so would you write again or submit court papers as i haven't done this yet ?

    Your Help is much appreciated
    jcl
    Hi JCL,

    I agree your hubby who you have told me has a sleep disorder and who has had to change to a lower paid job which in my opinion you should fall in the genuine hardship catagory, as that is a change in circumstances.

    I would definately follow the route I have already set out on my previous thread, unless you make them wholy aware of your complete financial situation they cannot consider a claim.

    In the first instance you would need to do a joint income and expenditure. Evidence confirming your husbands condition and any other documentary evidence showing that he has had to drop his salary.

    Any other evidences ie arrears on household bills, bank charges etc, an up to date bank charges and interesticon spreadie, showing the interest as compensatory and not statutory.

    Abbey will not consider any claim unless it falls within the waivericon guidlines and if you send everything complete and nicely packaged with a letter explaining everything I believe you would stand a good chance. Don't forget whatever info you can provide will help.

    Tuttsi xx


  13. #13
    jcl jcl is offline
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    Default Re: Abbey bank charges - hardship rules- please help

    Quote Originally Posted by TUTTSI View Post
    Hi JCL,

    I agree your hubby who you have told me has a sleep disorder and who has had to change to a lower paid job which in my opinion you should fall in the genuine hardship catagory, as that is a change in circumstances.

    I would definately follow the route I have already set out on my previous thread, unless you make them wholy aware of your complete financial situation they cannot consider a claim.

    In the first instance you would need to do a joint income and expenditure. Evidence confirming your husbands condition and any other documentary evidence showing that he has had to drop his salary.

    Any other evidences ie arrears on household bills, bank charges etc, an up to date bank charges and interesticon spreadie, showing the interest as compensatory and not statutory.

    Abbeyicon will not consider any claim unless it falls within the waivericon guidlines and if you send everything complete and nicely packaged with a letter explaining everything I believe you would stand a good chance. Don't forget whatever info you can provide will help.

    Tuttsi xx


    Hi Tuttsi

    Thank you for the advice i will do my letter this evening and get it in the post tomorrow and hopefully fingers crossed who knows!
    I am so glad it has worked for you and your Hubby and i do hope all is going well regarding your Hubby's eyes as i know only too well how important ones sight is,
    Thanks again for all your help it's truly appreciated.

    jcl xx


  14. #14
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi All,

    Recieved letter today from Milton Keynes, asking me to fill in an expenditure sheet and any other other papers to help them look into it and also list of financial organisations i may want to contact regarding debt advice etc, is this a standard letter ? wondered if anyone else has recieved one.

    Tried to upload letter but wont let me do it !

    Regards
    jcl


  15. #15
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    Default Re: Abbey bank charges - hardship rules- please help

    Quote Originally Posted by jcl View Post
    Hi All,

    Recieved letter today from Milton Keynes, asking me to fill in an expenditure sheet and any other other papers to help them look into it and also list of financial organisations i may want to contact regarding debt advice etc, is this a standard letter ? wondered if anyone else has recieved one.

    Tried to upload letter but wont let me do it !

    Regards
    jcl
    It is usual, if you read my posts above, I recomend that this is all sent at the same time as the initial letter to speed matters along.

    Complete as soon as possible because they will dismiss claims where claimants delay returning requested items.

    Good luck

    Tuttsi xx


  16. #16
    jcl jcl is offline
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi All,

    After sending all documents requested by Abbeyicon on the 11th Sept , had no word or telephone callicon to say recieved my paper work or anything, is this normal for the hardship ruling (sent all proof), do i just wait ?

    Regards
    jcl


  17. #17
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    Default Re: Abbey bank charges - hardship rules- please help

    Quote Originally Posted by jcl View Post
    Hi All,

    After sending all documents requested by Abbeyicon on the 11th Sept , had no word or telephone callicon to say recieved my paper work or anything, is this normal for the hardship ruling (sent all proof), do i just wait ?

    Regards
    jcl
    Hi JCL

    My claim was dealt with in just under 4 weeks. But since then Abbey are under a huge backlog and claims and are now taking up to 6 weeks.

    Do not give up hope.... they will contact you.

    Tuttsi xx


  18. #18
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi Tuttsi

    Thank you for that,

    jcl xx


  19. #19
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi
    I wrote to Abbeyicon citing hardship and i also heard nothing then yesterday 5 weeks after writing to the i got a letter saying they are paying the full amount of charges plus the ones that are pending! Shocked isn't the right word as i was expecting an offer of 65% of my claim after reading other peoples threads, but no the full amount plus, i'm gob smacked but extremely happy! but i had to wait 5 weeks with no letter or communication from them good luck with your claim hope you are successful
    lynne


  20. #20
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    Default Re: Abbey bank charges - hardship rules- please help

    Hi Lynne,

    Thank you for reply,

    I am realy pleased that you have got your charges refunded it must be a huge relief to you,
    I will let you know if i hear anything.
    once again well done!
    jcl



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