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I have been reading for a while and done the Stuff leading to filing our money claims - but I have a question before I file these.
Hubby & I had separate currnet accounts which were defaulted by Abbey and then wrote off (sent to westcot collections?).
I am looking at clearing the defults on these accounts through the money claimed. On mine the money being claimed doesn't quite clear the default amount - but on my hubby's the money being claimed shows it will clear his default and the remainder of mine with money left over etc..
I am wondering whether to try lump the two accounts together in one court claim (stating the two separate bank acc numbers and two clearly marked schedules of charges) to try make it a "joint claim" - or do I have to deal with them separately doing two court claims??
What I am thinking is it serves in that theres only one court fee and will indicate to Abbey and the court that the excess claim on hubby's account will clear what's showing on the one with the shortfall. Is this likely to complicate issues or simplify them?? The aim is to get rid of the defaults and show where there was excessive charges on hubby's account we didn't have chance in hell of clearing the accounts and getting back on an even footing??
My own having the shortfall I am worried they'll just make my life a misery as I wouldn't be clearing the whole amount owed - will it be easier to file the two together as they fall under the £5k ??
Also what will the position be with the accounts having been written off - do they just send money to westcott DCA's - or will I have to do that?
Welcome to the site, and opening with an interesting question too.
Most of the people asking about more than one account want to deal with them separately and worry the banks will ask the court to amalgamate the claims.
I don't think it is impossible to amalgamate the two accounts into one claim but since they seem entirely independent, my personal view is it will be quite complicated to present a case should it get that far.
I personally would deal with them separately , if you don't get both settled before time for a court claim, and you may well not, then i would submit a claim for one and then inform the defendant that you have two claims and want to settle them together. I very much doubt they will object.
The big issue you have is removing the defaults, this is proving to be a difficult issue which the banks and cc companies are fighting very hard. I don't think its impossible but i would warn its not a foregone conclusion.
When you say the debts were written off, do you have a letter from the DCA/Abbey confirming the debts were written off and what was the basis for the write off?
Look forward to reading your thread.
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
Thank you for your reply Glenn - things always seem clearer with a second head to spell it out - thanks so much for your clarity!!! What I have done is filed husbands claim today first so we get the claim number to refer to later if needed. Then will file mine next week hoping the courts don't lump the two together - like you say different accounts/different person so should be dealt with separately. I take it there is no harm in filing mine a week later than my timetable?
We didn't have anything in writing saying these accounts had been written off - BUT on the statements where accounts are closed there is an ANPF payment that pays the accounts off and leaves a zero balance on these accounts - and something written in the screen notes saying written off. So that's what I am assuming happened. On credit references (experian) notes for these accounts show as "Balance Satisfied" too. So I am wondering if they will try chase the defaulted amount now we are claiming back back dated bank charges? Can they open up an old debt so to speak? I guess time will tell?
Sure looks like we have an interesting time ahead?
As the charges you are claiming back on hubbies account clear both balances with money left over it would be foolish for them to chase you for the default amounts as you could argue that they are a direct result of the charges. Tricky this one but still worth going for as even if they insisted you payed the default amounts , you could insist they remove the default records. If you come out with some money in your pocket instead of theirs go for it.
Regards bish.
Abbey : £8070.41*PAID IN FULL*14/02/07 Capital one : LBA sent 17/09/06 £1,087.22 Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted
This is a different question
and then wrote off (sent to westcot collections?).
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