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
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  1. #1
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    Default Advice wanted Maniac886 V Shabbey

    Hi guys... I just wanted advice on which letter I should be sending next, this is what I have done so far;

    1. I have sent the DAP request and successfully recieved all my past statements within the 40 day limit from Abbeyicon.

    2. I sent the Preliminary letter with the list of charges and requested a refund of £336.

    3. They have sent a letter back within the 14 day limit saying that they will be happy to refund £80.

    This is what has happened so far, now which letter do I send them next? Obviously I want the full £336 so will be rejecting their offer.

    I was thinking the lbaicon but the letter starts off as if I have not recieved any response from abbey, which is not correct.

    So, what next??

    Thanks in Advance!

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  2. #2
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    Default Re: Advice wanted Maniac886 V Shabbey

    Your next step is the lbaicon. You can reject it outright but if the £80 is already in your account, then you can amend the amount you are asking for having taken away what they've already paid. Also make sure that the offer they've made does not include any charges due to be debited from your account.

    Good luck


  3. #3
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    Default Re: Advice wanted Maniac886 V Shabbey

    Quote Originally Posted by bpakoue View Post
    Your next step is the lbaicon. You can reject it outright but if the £80 is already in your account, then you can amend the amount you are asking for having taken away what they've already paid. Also make sure that the offer they've made does not include any charges due to be debited from your account.

    Good luck
    So i am sending the LBA without this part 'I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].'

    As they have responded to my letter. They said they will refund me £80 but it hasn't occured yet so do I still include the £80 in my LBA?

    Thanks


  4. #4
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    Default Re: Advice wanted Maniac886 V Shabbey

    Quote Originally Posted by maniac886 View Post
    So i am sending the lbaicon without this part 'I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].'

    As they have responded to my letter. They said they will refund me £80 but it hasn't occured yet so do I still include the £80 in my LBA?

    Thanks
    Or you could say: I am disappointed that you have failed to respond to my letter of the (date) appropriately. I calculate that you have debited (full amount) inclusive of the offer of £80 made however, should this offer be accredited to my account within the prescribed time limit of this letter then i calculate that you have still to refund (amount minus £80)

    Its up to you but i did something similar on mine and it does no harm.


  5. #5
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    Default Re: Advice wanted Maniac886 V Shabbey

    Thank you for your help so far, just one quick question. Do i send the letter back to the address that i sent my prelim(london) or to the complaints address on the letter that Abbeyicon have sent their response from?
    Thanks

    Either;

    ABBEY NATIONAL PLC
    2 TRITON SQUARE
    REGENTS PLACE
    LONDON
    NW1 3AN
    or

    Complaints
    Abbey
    PO BOX 5129
    Milton Keynes
    MK9 2YN






  6. #6
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    Default Re: Advice wanted Maniac886 V Shabbey

    bump....anyone? thanks


  7. #7
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    Default Re: Advice wanted Maniac886 V Shabbey

    Complaints.


  8. #8
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    Default Re: Advice wanted Maniac886 V Shabbey

    Thank you Michael Browne


  9. #9
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    Default Re: Advice wanted Maniac886 V Shabbey

    Just to give everyone an update, I was refunded the £80 but I am waiting till the 29th until I fill in a claim via moneyclaim for the remaining amount(£286). I am also in the process of opening a parachuteicon student account with Lloydsicon TSB.


  10. #10
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    Default Re: Advice wanted Maniac886 V Shabbey

    I just want to ask a question. I have filed a claim via moneyclaim and in the claim box it says issued(29/11/06). In the judgment section it says start and when i click on it it gives me two options,'The defendant has not filed an admission or defence to my claim,' or 'The defendant admits that all the money is owed.' My question is when do I select either of these two options??

    Thanks


  11. #11
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    Default Re: Advice wanted Maniac886 V Shabbey

    No, this is for apply for judgement by default if the bank fails to acknowledge or file a defenceicon.


  12. #12
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    Default Re: Advice wanted Maniac886 V Shabbey

    As this is a student account and I have used a majority of my overdrafticon which i cant pay back all at once so I have applied for an student account with co-op online, they have the function to transfer accounts. Fingers crossed!


  13. #13
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    Default Re: Advice wanted Maniac886 V Shabbey

    Just a question.... If Abbeyicon do offer me my charges back... which are £286 excluding court costs, should I accept this or should I only accept the full costs including court costs. I am asking this as I am not sure if the court costs are refundable before the 14 days? Also if i accept the offer how do i stop my claim??

    I hope they dont go to court for £286, but who knows!!

    Thanks for your help in advance!


  14. #14
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    Default Re: Advice wanted Maniac886 V Shabbey

    Now you have filed, you are entitled to court costs and s69 8% interesticon, don't settle for less.


  15. #15
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    Default Re: Advice wanted Maniac886 V Shabbey

    Hi Good Morning,


    I just recieved a letter from Abbeyicon this morning. I have a few questions;

    1. What exactly do I need to send them?
    2. In the letter it mentions the value of £319.95 but this figure is without the court costs, do I have to remind them that they owe me another £50 or will they be aware?

    Thank You





  16. #16
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    Default Re: Advice wanted Maniac886 V Shabbey

    Not sure either they might mean a copy of the schudule of charges? I'd give them a call


  17. #17
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    Default Re: Advice wanted Maniac886 V Shabbey

    Yes they want you to send another copy of your schedule of charges to them. Do so and forward copies of both letters to the courts to be added to you claim file. No need to mention the court fee - the letters about the charges you are claiming and interesticon breakdowns.


  18. #18
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    Default Re: Advice wanted Maniac886 V Shabbey

    Quote Originally Posted by karnevil View Post
    Yes they want you to send another copy of your schedule of charges to them. Do so and forward copies of both letters to the courts to be added to you claim file. No need to mention the court fee - the letters about the charges you are claiming and interesticon breakdowns.

    I have a little problem. My schedule of charges is saved on my hard drive on my comp which is now kaputt. This was worked out on the mse website. I have redone the schedule including the interest charges using the template on the CAGicon forum but it works the charges out as £322.26 instead on £319.95. Is this going to be a problem? Also you say forward to the courts, on the moneyclaim form it has the Norhampton court address but this is not my local court ....should i still send both the documents there?

    Thanks


  19. #19
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    Default Re: Advice wanted Maniac886 V Shabbey

    until allocation yes deal with northampton.


    bummer about your pc.

    you should probably re do the schedule on the same calc you originally did it (MSE)


  20. #20
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    Default Re: Advice wanted Maniac886 V Shabbey

    Quote Originally Posted by karnevil View Post
    until allocation yes deal with northampton.


    bummer about your pc.

    you should probably re do the schedule on the same calc you originally did it (MSE)
    Yeah I did that first but you cant change the date from which you are claiming the interesticon from as it defaults to todays date. The one on the CAG forums, which i now realise, you can change the date, which I have done to 29/11/06 which is the date of the mcol claim. I am not worried about the £3 or so extra that i will miss but as the schedule is slightly different will i need to make the courts/Abbeyicon aware and if so how?

    How about something like;

    Thank you for your letter dated 7th Dec 2006. Due to unforseen circumstances the original schudule cannot be obtained. The enclosed revised schudule has a new total of £322.26 instead of £319.95 due to a slight change in the way the interest has been calculated. I do however confirm I will still be claiming for the original value of £319.95.

    Regards


    What do you think?



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