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.

£13.95 + £2.00 (P&P)


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  1. #1
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    Default Kirstypops v Abbey

    After hours of reading threads here, I wrote to Abbeyicon asking for my transactions for the last six years on 11th July. I got the microfiche argument letter from Pam Speed dated 17th July - quick but not helpful.

    Tomorrow I will send her a letter with the microfiche argument counter-argument.

    My charges since September 2005 are over £600 so I dread to think how much the money-grabbing sods have had in the last 6 yearsicon.

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  2. #2
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    Default Re: Kirstypops v Abbey

    Hi Kirstypops,

    Good luck and I will watch with interesticon.


  3. #3
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    Smile Re: Kirstypops v Abbey

    Hi Kirstypops,

    Good luck! I've just spent ages reading through the threads and Abbeyicon seem like a right nightmare. I've got my Data Protection Act letter ready to go out tomorrow and without doubt I'll get the standard one back from Pam Speed just like you.

    I'll keep reading your thread to see how you get on. Hopefully if enough people get onto them, they'll stop the delaying tactics they seem to use on everyone! Makes me so cross to think about all the money they've got from us in the past 7 years or so .

    Lou


  4. #4
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    Default Re: Kirstypops v Abbey

    Quote Originally Posted by Kirstypops
    . I got the microfiche argument letter from Pam Speed dated 17th July - quick but not helpful.


    Give her a break - she's getting to know about Consumer Action Group! - must be getting on for 7-8000 out of the 40,000 writing to her alone since January


  5. #5
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    Default Re: Kirstypops v Abbey

    Good point - Poor Pam, she's probably drowning in letters sent by people who have found this site!

    On Monday I sent a letter to Ms Speed pointing out her error about the DPA not covering microfiche. In fact I pointed out that it even covers x-rays.

    Today I received 14 bank statements. To be honest, at first I was worried that it was letters informing me of more charges so I was relieved to find that they were statements.

    Abbeyicon now have until August 20th to send me the microfiche records.


  6. #6
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    Default Re: Kirstypops v Abbey

    hi kirstypops
    im just getting to know pam as well. im just ahead of you in that ive sent my letter in response to the microfiche bluff on monday this week. i will keep an eye out for you and let you know how im doing as well. i just recieved the standard 14 months of statements, so im just waitng to see what happens
    best of luck mate
    steve

    11th july. sent letter to abbey for list of charges on both accounts
    17th and 18th july letters for both accounts regards the microfiche bluff.
    28th july sent requested for repayment of charges.(bit late)

  7. #7
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    Default Re: Kirstypops v Abbey

    Amazingly, I got my microfiche records today. The deadline wasn't until 20th August so I really didn't expect to see them any time soon. I wrote to Pam Speed on Monday and within the week I got the records!

    Over the last 6 yearsicon Abbeyicon have taken 147 charges off of me with a grand total of £3,250.50. :o


  8. #8
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    Default Re: Kirstypops v Abbey

    hi kirstypops
    i had some stuff off Abbeyicon as well, but i dont think they are my microfiche records as they only go back 12 months or so. will have to be a bit more patient. maybe pammy was going on the ladies first thing? strangely my 40 day date is 20th august as well.
    ah well, best of luck mate
    steve

    11th july. sent letter to abbey for list of charges on both accounts
    17th and 18th july letters for both accounts regards the microfiche bluff.
    28th july sent requested for repayment of charges.(bit late)

  9. #9
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    Default Re: Kirstypops v Abbey

    I hope you get your information soon Steve. I actually got some more today - movements enquiries for the few days in between the dates of my microfiche records and statements. There was yet another charge in there.

    On checking my account today to see if my rent had been paid, I found it hadn't but they have taken out a whole bunch of charges. I called and was told that they didn't pay the rent because there wasn't quite enough to cover it, although they should know that there will be more money going in my account on Monday. Instead they aren't paying it and will charge me more than it would have cost to pay it and charge me for that. But they never consider what's in my account when they take their charges. Even on a Saturday.

    This new information brings my total up to £3,554.50. According to the spreadsheet, the interesticon is £779.63.

    My next letter politely asking for my money back will go on Monday.


  10. #10
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    Default Re: Kirstypops v Abbey

    Hi Kirstypops,

    Seems to be going swimmingly for you, I have got a bunch of statements from Shabby to go through tonight but only seems to be about 2 years worth. I hope to be surprised when I open them up.

    Will an update to my thread later.

    Cheers


  11. #11
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    Default Re: Kirstypops v Abbey

    I got a letter from Marc Winder, Head of Complaints today. He's sorry that I'm unhappy. Isn't that sweet? They're going to do a thorough investigation and will let me know what is going on in four weeks time.

    Silly Marc obviously didn't notice that I made a request, not a complaint. I'll drop him a line next week and remind him that Abbeyicon have two weeks left to pay up.

    It's such nonsense that we have to go through this whole dance.

    Data Protection Act letter sent 11th July 2006
    Microfiche argument received 17th July 3006
    Response sent 24th July 2006
    14 months statements received 26th July 2006
    Microfiche data received 28th and 29th July 2006
    Prelim letter sent 1st August 2006
    Sorry you're not happy letter received 11th August 2006
    £175 refund unexpectedly appeared in bank account 16th August 2006
    LBA sent 16th August 2006
    Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.


  12. #12
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    Default Re: Kirstypops v Abbey

    I had an interesting conversation last night with someone who works for Barclaysicon Investment Banking. She admitted to not knowing much about personal banking but bravely tried to defend bank charges. I told her what I was doing and she said 'oh but I know when a cheque is bounced in investment banking it costs a lot to sort out but it may be different in personal banking'. I said that there is an issue about being charged £35 by an organisation who can't or won't prove that that is what it actually costs them. She said they might not know how much it costs. In that case how could they come up with the figures they charge? And what kind of organisation, especially a financial one, can't put some approximate cost to it? I also pointed out that what I was charged £11 for 6 yearsicon ago I am now charged £35 pounds. She suggested inflation but didn't even convince herself with that!

    In the end she thought that the banks pay people off because going to court would be bad publicity and that it's cheaper than hiring solicitors. I suggested that all they would have to do is explain the charges and how it actually costs £35 when a direct debiticon is unpaid and it could stop people claiming their money back. Plus, of course, Abbeyicon never pay up before getting the solicitors involved.

    She did automatically assume that it was always the fault of the customer and that they should have to pay for writing bad cheques. I explained that often people start with one incident of one or two unpaid direct debits for whatever reason which snowballs with these silly charges being taken out when the customer has no money in their account, incurring even more charges. She still kept talking about people writing bad cheques though. Of course I should mention that we had been drinking and our attention skills were not at their best.

    It was interesting that someone in banking - albeit a different branch of banking - couldn't answer any of my questions or justify the banks' behaviour.

    Data Protection Act letter sent 11th July 2006
    Microfiche argument received 17th July 3006
    Response sent 24th July 2006
    14 months statements received 26th July 2006
    Microfiche data received 28th and 29th July 2006
    Prelim letter sent 1st August 2006
    Sorry you're not happy letter received 11th August 2006
    £175 refund unexpectedly appeared in bank account 16th August 2006
    LBA sent 16th August 2006
    Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.


  13. #13
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    Default Re: Kirstypops v Abbey

    Today is the deadline from my prelim letter so before I sent out the lbaicon I thought I should triple check my figures. I've never exactly been a maths whizz! I had in fact missed two charges and two more had been added recently. I went onto online banking to double check the most recent ones and lo and behold, 6 payments have gone into my account - all titled Miscellaneous Fee Refund. They come to a grand total of £175. My revised claim is for £3,649.50.

    I will now have to rewrite my LBA to acknowledge these refunds but if they think that I'll be happy with £175 instead of £3,649.50 they are even bigger fools that I thought. That said, it's come at a good time - I really needed some cash today.

    Data Protection Act letter sent 11th July 2006
    Microfiche argument received 17th July 3006
    Response sent 24th July 2006
    14 months statements received 26th July 2006
    Microfiche data received 28th and 29th July 2006
    Prelim letter sent 1st August 2006
    Sorry you're not happy letter received 11th August 2006
    £175 refund unexpectedly appeared in bank account 16th August 2006
    LBA sent 16th August 2006
    Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.


  14. #14
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    Default Re: Kirstypops v Abbey

    I applied for a new account at Natwesticon and was offered a very basic one - First Reserve. I couldn't get a current account because of my credit. The girl on the phone said that the First Reserve wouldn't be a problem. I sent off the ID they asked for (a bank statement) and then received a letter saying that following a credit check they can't give me the account. Like other people, I wonder if this is because I have started a claim against a bank.

    Anyway, my query is, has anyone been threatening with closure of their account and successful argued against it? If Abbeyicon close my account I will be absolutely screwed as I can't seem to get an account anywhere else but I'll be damned if they're going to scare my off.

    Data Protection Act letter sent 11th July 2006
    Microfiche argument received 17th July 3006
    Response sent 24th July 2006
    14 months statements received 26th July 2006
    Microfiche data received 28th and 29th July 2006
    Prelim letter sent 1st August 2006
    Sorry you're not happy letter received 11th August 2006
    £175 refund unexpectedly appeared in bank account 16th August 2006
    LBA sent 16th August 2006
    Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.


  15. #15
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    Default Re: Kirstypops v Abbey

    Hi

    I had a similar experience with Natwesticon. When I applied over the telephone for a NAtwest STEP account, the guy told me that I could have a current account if I wanted one. I was very surprised to hear this, as my credit rating is shot to bits.
    So when the paperwork came through I sent it off - only to be rejected after the credit check. I don't think it has anything to do with your action against Abbeyicon.

    However I did, in the end manage to open a step account, with this one they don't run a check, you get online banking, a debit card and all the basic banking facilities. You can apply online.
    Also you could try Nationwideicon or Co-op, other people have opened basic aoounts with these banks

    Good luck.

    Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o
    Abbey 2 Prelim Letter sent 22/09/06
    Abbey 2 LBA sent 9/10/06
    MCOL 03/11/06

    Cap One Prelim sent 28/06/06 - LBA sent 13/07/06
    MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06
    Halifax Prelim sent 03/07/06 - LBA sent 17/07/06
    MCOL issued 03/08/06 - settled in full 09/08/06
    MBNA S.A.R sent 21/08/06 Settled 21/09/06
    Morgan Stanley S.A.R sent 29/09/06

  16. #16
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    Default Re: Kirstypops v Abbey

    I was just suspicious as I was turned down for the Step account over the phone because of my credit and then told that I could have a First Reserve even with bad credit. Then they changed their mind. I've already been turned down by Halifaxicon and Coop too. Of course the more banks turn me down the worse my credit report gets so I'm probably stuffed by now!

    Data Protection Act letter sent 11th July 2006
    Microfiche argument received 17th July 3006
    Response sent 24th July 2006
    14 months statements received 26th July 2006
    Microfiche data received 28th and 29th July 2006
    Prelim letter sent 1st August 2006
    Sorry you're not happy letter received 11th August 2006
    £175 refund unexpectedly appeared in bank account 16th August 2006
    LBA sent 16th August 2006
    Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.


  17. #17
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    Default Re: Kirstypops v Abbey

    I did read somewhere that the STEP account was becoming Natwesticon's most 'popular' account. Maybe they've realised why and have started running credit checks.

    All I can say is although I've had the standard "we may close your account" letter, they haven't done so yet, and I'm now nearing the final stages of my claim.
    Fingers crossed.

    Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o
    Abbey 2 Prelim Letter sent 22/09/06
    Abbey 2 LBA sent 9/10/06
    MCOL 03/11/06

    Cap One Prelim sent 28/06/06 - LBA sent 13/07/06
    MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06
    Halifax Prelim sent 03/07/06 - LBA sent 17/07/06
    MCOL issued 03/08/06 - settled in full 09/08/06
    MBNA S.A.R sent 21/08/06 Settled 21/09/06
    Morgan Stanley S.A.R sent 29/09/06

  18. #18
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    Default Re: Kirstypops v Abbey

    This may help if you haven't already seen it....

    Need a parachute account?

    Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o
    Abbey 2 Prelim Letter sent 22/09/06
    Abbey 2 LBA sent 9/10/06
    MCOL 03/11/06

    Cap One Prelim sent 28/06/06 - LBA sent 13/07/06
    MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06
    Halifax Prelim sent 03/07/06 - LBA sent 17/07/06
    MCOL issued 03/08/06 - settled in full 09/08/06
    MBNA S.A.R sent 21/08/06 Settled 21/09/06
    Morgan Stanley S.A.R sent 29/09/06

  19. #19
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    Default Re: Kirstypops v Abbey

    Thank you, and good luck with your claim.

    Data Protection Act letter sent 11th July 2006
    Microfiche argument received 17th July 3006
    Response sent 24th July 2006
    14 months statements received 26th July 2006
    Microfiche data received 28th and 29th July 2006
    Prelim letter sent 1st August 2006
    Sorry you're not happy letter received 11th August 2006
    £175 refund unexpectedly appeared in bank account 16th August 2006
    LBA sent 16th August 2006
    Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.


  20. #20
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    Default Re: Kirstypops v Abbey

    Well I finally managed to scrape together the money to start my claim and that was done on October 5th. Abbeyicon are defending the claim and I'll get the aqicon shortly. It all feels a bit scary now but I've got nothing to lose I suppose.

    Data Protection Act letter sent 11th July 2006
    Microfiche argument received 17th July 3006
    Response sent 24th July 2006
    14 months statements received 26th July 2006
    Microfiche data received 28th and 29th July 2006
    Prelim letter sent 1st August 2006
    Sorry you're not happy letter received 11th August 2006
    £175 refund unexpectedly appeared in bank account 16th August 2006
    LBA sent 16th August 2006
    Claim served 5th October 2006 - Abbey acknowledged 16th October and defence filed.



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