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.
Hello all, my fella and I have both just sent off our lba's, however there is now a twist.
I took myself along to the bank this morning to withdraw some money, and what did I find...an extra £650'ish in "Unauthorised Charges" refunded to my account. What’s going on? The money was refunded in to my account on the 18th of this month. It's still no where near the £2500 that I want back, but its a nice start.
One other thing through, as the money was refunded to my account on the 18th, and I sent my LBA yesterday (22nd) still asking for the full amount, does that throw any spanners in the works?
Hi, same thing happened to me this week, but I have already sent the lba before it happened so will need to vary the charges on the next claim form...
be interested to see how this compromises our situation or not. I got about £650 too and my claim is also for about £3k.
It gets more confusing dont it?
The Johnsons -v- Abbey Est Claim £2500
14/06/06 Request for statements over 6 years sent
28/06/06Received 12 months statements with Microfishe excuse
19/07/06 Sent Microfische Letter
24/7/06 Rcvd 2nd Fob off re Microfische from Pam Speed on 40 day limit.
01/08/06 Prelim letter for refund based statements (£1993.00 + interest) and estimated £3000 + interest for missing statements
14/08/06 LBA sent !
17/08/06 £680 refunded to my aco**** with no explanation -
24/08/06 LBA sent re Non Compliance S7 Data Protection Act
1/9/06 Abbey complaints refund letter received and ignored preparing N1 7/9/06 All microfiche copies received. Preparing N1 14/9 revised LBA sent 03/10 Litigation commenced AQ 17/11 AQ returned 15/01 Statement of Evidence Lodged - Abbey Have until 12th Feb Court Date Scheduled 21st Feb
I'm over the moon to finally see some money from them. How can they now not give me the rest, as this OBVIOUSLY shows that SHABBY are in the wrong, as who would hand over £650 if they where in the right???
Husband and I have had the same thing - both had refunds of approx £500 each last week after sending the. I have had another £65 credited today and my husband has had another £110 credited today. We are going to send them a letter to state we are deducting the money from the total but court proceedings will still go ahead on 31st August - our threads are Wayne versus Abbey & Joanne versus Abbey. (You will probably get some more next week!!
Did you get a letter from Abbey informing you they had put the £650'ish into your account as a goodwill gesture or otherwise?
If not you may be able to keep the money as it's their mistake!
Im pretty certain if its a mistake you cannot keep the money.
FWIW they dont make mistykaes like this in my exprience.
JMHO
Glenn
Kick the shAbbey Habit
Where were you? Next time please
Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless
Abbey 2nd claim, two Accs - claim issued 30-03-07 Barclaycard - Settled cheque received
Egg 2 accounts ID sent 29/07 Co-op Claim issued 30-03-07
GE Capital (Store Cards) ICO says theyve been naughty
MBNA - Settled in Full
GE Capital (1st National) Settled
Lombard Bank - SAR sent 16.02.07
MBNA are not your friends, they will settle but you need to make sure its on your terms -read here Glenn Vs MBNA
Yes, I have received £1730 on the 14th day they had to reply to my Prelim letter!!!! Don't know what this tactic is trying to do, but there must be some reason why they are dishing out these refunds!
Anyway, It makes no difference to me, 'goodwill gesture' or not! Onward & Upward!!!
Phil
Thanks everyone, I'm still pushing on with the support of you lot and this site.
Another quick question though, re what Joanne.Hunt said. Deducting money off what I am claiming, where do I take it off, e.g. the earlier charges or the later ones, as I'm just thinking of the interest I will be applying at the next stage (court).
Could I just play stupid about the refund, and push on with the full amount, as I have not received any letter from them stating that they where going to do this, (does anybody know where we stand legally with this?)
Thanks again for all the advice, my next course of action lies in your hands.
Seriously, if they haven't informed you, ignore but don't spend it.
Don't inform them of the mistake.
If and when you win for the full amount they may try and take it back by deducting it from your account or by knocking it off the amount won. See what happens, but if they haven't informed you, say you hadn't noticed it!!
srfrench
Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are!
"Playing stupid" is playing into their hands, don't do it.
They know what they have paid you and will be able to produce proof.
If you have been paid money that is not yours or you deny that you have money that they can show has been paid to you then it does not look good for you should this reach court.
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
I don't think it is a matter of playing stupid, if shABBEY are giving out these refunds, 1. You would have thought they would tell you about it and 2. Also what the refunds are for.
The amount of these refunds is no 'goodwill gesture', and I agree with srfrench that you should carry on claiming the full amount until they have explained what this money is for.
We are all being as accurate and meticulous as we can be, in all that we do in getting our correspondence over to them, yet they can't seem to be bothered to recipricate the same back to us! The reason for this is obvious, because they know what they have been doing all along has been wrong, they are trying to back track and know that they have'nt got a leg to stand on!!!
sorry stupid computer i was going to say i also got £650 ish but also this morning a letter with it check that the refund is the right amount as mine is wrong another delaying tactic by the shabby
Everyone that sends a letter seems to get a nice goodwill gesture now....
You can ask them exactly by what it relates to before amending your claim.... or continue your claim for the full amount...
I cant work out what they are refunding - its just like the limit for refunding at lower levels has been increased....and they are refunding random amounts ? Be interesting for someone to get in writing exactly how the refund is made up - but dont let the refund stall your claim at all - my guess is thats what they are after....
I think its another stall tactic, to sway some people to drop the claim, and be happy with £650. There in for a shock.
Also looking at the letter from the above link;
"I understand you are unhappy with my decision, and as a result I have reinvestigated your concerns further. I can assure you our charges are not unlawful and therefore I cannot agree to refund all of them. However, as a gesture of goodwill, I am pleased to confirm I have credited £622 to your account, and cancelled charges of £40 that were due to debit your account."
I find the bit of "gesture of goodwill" very interesting, as this states exactly that, not a refund.
Well, I'll keep there goodwill gesture, but I want my money back!
iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted. Vanquis - Claim issued, no AoS or Defence received
We are going to keep takinf and spending the refunds as it is OUR money and then alter the final figure at court stage. We have had 2 lots of refunds now but not yet had confirmation in writing about the second lot..