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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BAILIFFS - The Law and Your Rights

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  1. #1
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    Default Mrs Ms dad v abbey

    Would someone have a look at the t&c for my dads Abbeyicon loan.

    In the paragraph 2(iv) are they saying that he has to pay them even if he dies.

    Or am I just being really stupid.



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  2. #2
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    Richard1973 Novitiate

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    Default Re: Mrs Ms dad v abbey

    yes thats how i would read it as well, it also looks like you can not have the loan included in bankruptcy if ever that need should arise...


  3. #3
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    Default Re: Mrs Ms dad v abbey

    I am also a little confused as to the number of dependents on the form, as he is over 70+ and as far as I know he hasnt had any other children in the last 30yrs where did they get this information from and why, unless they are counting his dog and the local fox that he feeds.:-?

    Mrs M

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  4. #4
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    Default Re: Mrs Ms dad v abbey

    I am awaiting CCA and have just sent SARicon to Abbeyicon as I only have copies of multiple loans he has had with them over the last 10years and they dont seem to have a lot of info on them.As soon as I get the info I will post them up.

    Mrs M

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  5. #5
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    Default Re: Mrs Ms dad v abbey

    Hi Mrs M here.

    Update on this thread.

    I did not realize the CCA I sent was for a previous loan so I am going to CCA them again for this one.

    They sent statements back for the SARicon request, but nothing else. I would like to have seen all the paperwork for all the loans that he has had with them. Can someone advise what I should be asking them. I thought if you SARicon then they have to give you all the data they have on you regardless of what you have with them at the moment. As this was his own bank I thought they would.

    I am putting up the DN they sent him as I do not think it looks right.



    Could someone who knows about DN's have a look.

    I had to send an harassment letter recently because they were just constant even though I told them he was ill and was on an oxygen mask.

    Today we had 5 silent calls and yet again I have had to ring them and tell them to get lost.

    Mrs M

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  6. #6
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    Default Re: Mrs Ms dad v abbey

    Hi have had a couple of letters from Abbeyicon since my last post.
    Basically they are saying they wont accept his offer of payment.

    I put the DN in the Anatomy of a Default Notice, and the advise was it is PANTS

    I sent a letter to Westcot last month after they kept sending him address confirmation letters and cards:

    ************************* ************************* *******


    THIS LETTER IS PRINTED IN LARGE TEXT AS I THINK YOUR CLIENTS ARE SHORTSIGHTED



    Westcot Credit Services Ltd
    PO Box 137
    Hull
    HU9 8HF

    26 February 2010



    Dear Sir/Madam


    Re Account No/Reference No :


    I am writing in reply to your letter 19/2/2010.


    I do not appreciate you sending my father letters like this.


    Why would you think that he does not live at this address?


    As you will see by the copy letters enclosed, contact has been made with your clients on numerous occasions but they have chosen to ignore them.


    If need be I will send the Post Office Track & Trace slips to prove your clients have received these letters


    If your clients are sulking because I will not let them harass my father on the phone then I suggest you inform them again that he is waiting for them to reply to his letters.

    If you or your clients choose to ignore this letter then I will refer this to a solicitor.

    My father is 80 years old and somehow if this gets to court you and your clients are going to look very stupid for trying to pretend that my father has been ignoring you when in fact your client is ignoring him.

    SORT THIS OUT

    ************************* ************************* *******

    Lo and behold Westcot have sent another letter moaning that we have not taken action on their last letter.

    Not sure what to do now do we wait it out knowing that the DN is unenforceable or do we hit them with it now.

    These idiots really annoy me when they think it is alright to harass an old
    man.

    I know he borrowed the money. but he really does not understand the pitfalls of borrowing to pay off a loan. He has had 8 loans from Abbey over the past 8 years and every time he only needed to borrow a small amount but eventually it ended with him owing £11000. The original loan 8 years ago was for £1000.

    As you can probably tell he did not ask my advice back then.

    Any advice would be greatly appreciated as I think he is worried and even my telling him not to doesn't always work.

    Thanks

    Mrs M

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  7. #7
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    Default Re: Mrs Ms dad v abbey

    Nudge

    Mrs M

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  8. #8
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    Default Re: Mrs Ms dad v abbey

    Having seen the comment in Anatomy of a Default Notice should I now be sending them a letter of Unlawful Rescission.

    Mrs M

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  9. #9
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    Default Re: Mrs Ms dad v abbey

    Hi
    Have Just realised that we have already sent them an Unlawful Rescission, so will wait now until they push it. They will probably say they never received it as they never bothered to answer any of the other letters we sent them.

    Mrs M

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  10. #10
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    Default Re: Mrs Ms dad v abbey

    And don't forget to contact your MP/Wannabe over this.

    Loans to pay off loans, especially for an elderly person who is clearly suffering ill health, with a ludicrous requirement that he pays off the loan when he dies (from across the void?????) smacks of entrapment to me.

    Harassment of an elderly person in the winter of his life when he should be enjoying his last years peacefully is appalling.

    Also, although it is an expense, I would not bother to say you'll send them by Recorded Delivery 'if need be' - just do it.


  11. #11
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    Default Re: Mrs Ms dad v abbey

    Thanks Phoenix

    Mrs M

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  12. #12
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    Default Re: Mrs Ms dad v abbey

    You may wish to contact your local Citizens Advice Bureau about this matter as they are always very helpful and excellent people to deal with.


  13. #13
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    Default Re: Mrs Ms dad v abbey

    Thanks Georgie.

    We have dealt with CAB before for my daughter and they were totally useless.They wanted her to do a bankruptcy and when we looked at her debts most of them were unenforceable and a lot of them had PPIicon and charges. The CAB don't tell you about these things that you can claim back, all they seem to want to do is push you into something that is quicker and gets you off their back.

    Mrs M

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  14. #14
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    Default Re: Mrs Ms dad v abbey

    hello just an update .

    Santandericon have issued another DN and they still havent got it right ( i think).

    Maybe some one in the know could have a look and let me know.




    They did not terminate after the last DN so I am assuming they are allowed to send another DN .

    I love the part about getting help, we asked them for help by way off reduced payments and they said no.

    Mrs M

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  15. #15
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    Default Re: Mrs Ms dad v abbey

    Well Santandericon have finally terminated the account after 2 DN's not sure why they felt they had to send 2, and both of them were pants.




    Not sure what to do now. Might just wait and see who they sell to or pass on to. Either way they are not getting anything.

    Will keep you informed as and when.

    Mrs M

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  16. #16
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    Default Re: Mrs Ms dad v abbey

    Hi.

    Not had much to do with this thread as we have not heard from them for quite a while.

    Got some paperwork through today and am going to get MR M to have a look through it tomorrow.

    Wouldnt mind some advice re: the 2 DN's they sent just in case they are planning a strike.

    Mrs M

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