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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    greatburdon Novitiate

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    Unhappy Made some daft mistakes .. Do I start again?

    Before finding this site I sent a Subject access requesticon to Abbey on 16/04/2009, I did not send it registered. I have rang them today to find out why no response and let them know that the 40 days is nearly up, I sent 2 follow up letters to Debt Management & Recovery Services (Abbey disguised as a DCAicon !).

    It came as no real surprise to find out that although they had my follow up letters logged, also sent ordinary post, there was no record of my SARicon. I also was unaware at the time of the £10 fee so that has not been sent at all.

    So as I am obviously a berk do I re-start the whole process by sending them a SAR (registered of course) with the appropriate fee and re-set the time table?

    The account has an unauthorised overdrafticon of £134.64 and after speaking to a young lady who asked what the issues were that I had with Abbey, I explained, and she came back after seeking advice with a credit of £125 and how would I like to pay the balance of £9? I informed her that my claim was likely to be well in excess of that figure and that all I wanted was the information requested so I could establish the true amount owed by them. At this point she threatened the closure of the account and also threatened that my credit would be defaulted and did I realise my file would be noted as such for 6 yearsicon etc... The conversation was ended by me.

    Ho hum .. Frustrated but not defeated ... Yet??

    greatburdon


  2. #2
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    Default Re: Made some daft mistakes .. Do I start again?

    Yes, you will have to start again.
    You should also not get into telephone callsicon unless you are recording them. A comment such as you recened from the Abbeyicon person you spoke to would have been very useful had it been recorded

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  3. #3
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    Default Re: Made some daft mistakes .. Do I start again?

    Thanks for your reply fodder, yes all my phone conversations are recorded.

    So I will send SARicon number 2 out tomorrow, all part of the learning curve I guess.

    greatburdon


  4. #4
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    Default Re: Made some daft mistakes .. Do I start again?

    Just started getting phone callsicon and text messages from an outfit called risk management alternatives based in Preston. The question I have is I have CCA'd Abbey, I have had no communication from them at all, the 12 + 2 has lapsed and I have followed up with a 'this account is in dispute' letter....I have no idea who this debt collectionicon outfit are, I have not been informed by Abbey that they have (if they have) passed the alleged debt on, are they obliged to do so?

    I have written to them informing them that the account they refer to is in dispute and they should check with Abbey. Do I CCA these DCA's as well?

    Thanks
    greatburdon


  5. #5
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    Default Re: Made some daft mistakes .. Do I start again?

    Bump ...


  6. #6
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    Default Re: Made some daft mistakes .. Do I start again?

    Have just received 2 years bank statements from Abbeyicon (i requested a list of all default charges, unauthorised overdrafts etc since july 2001).

    This account is overdrawn by £134.64 and now I can see how it is made up:

    balance 2/8/09 26.79
    11/09 paid bill 29.05 - 2.26
    28/10 overdrafticon charge 25.00 -27.26
    28/10 " " 25.00 -52.26
    27/11 interest & chges 0.15 -52.41
    27/11 overdraft chges 25.00 -77.41
    27/12 " " 25.00 -102.41
    27/12 int. & chges 1.16 -103.57
    27/02 " " 1.76 -105.33
    27/02 " " 2.24 -107.57
    27/02 overdraft charge 25.00 -132.57
    27/03 int. & chges 2.07 -134.64

    I have only become aware of how I became 'overdrawn' by looking at this Breakdownicon. I should have checked my statements but can only offer excuses why i didnt!

    What I am trying to achieve is the balance to be cleared and as they have closed the a/c that would be resolution for me. I made the SARicon request to see if I could reclaim bank charges as these would probably wipe out the overdrawn balance, bur now seeing how this -£134.64 has been built up i am wondering if just a letter stating a £2 overdrawn account escalating to £134.64 is unwarranted etc...

    The payment of the bill on 11/09 obviously created the problem, although it was my belief that this was a "credit" only account and could not go overdrawn.

    greatburdon


  7. #7
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    Default Re: Made some daft mistakes .. Do I start again?

    Received my SARicon and have sent a schedule of bank charges/interesticon that I wish to recover along with the hardship letter expecting immediate response.

    As the 14 days that I gave are now up is there a follow up? Perhaps a letter before actionicon? Did have a look in the templates but was unable to track it down.

    EDIT: Had another look .. Is this it?
    http://www.consumerforums.com/resour...n-bank-charges

    greatburdon



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE