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



+ Reply to Thread
Results 1 to 3 of 3
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    martingump Novitiate

    Follow Real_CAG on Twitter

    Cagger since
    Jul 2006
    Posts
    16

    Default Abbey's Mistakes

    Help! I have a tale of woe, and need advice....

    I started my 1st claim against Abbeyicon in Aug 2006. I claimed a measley £167.00. Immediately Abbey refunded £30 as a 'jesture of goodwill'. I continued the claim, for the balance of £137, through the county courticon and eventually recieved a settlement in mid November 2006. Abbey then made a mistake, and credited the account TWICE with £274.00 (2 x £137). I immediately wrote back, made them aware of their error, and asked them to remove the excess funds from my account. Abbey's mistake.

    On 29th November I recieved a letter. This letter thanked me for my honesty in highlighting the error, and confirmed that 'no further action' would be taken on my account. Great, the money's mine, and it's official. Abbey's decision to let me keep the money (and I have it in writing!).

    While the first claim was being settled, I'm still getting charges. In early January I start a second claim for £315.00. I've sent initial letter and lbaicon. I recieve a reply this morning offering me £181.00. The amount offered is this claim LESS Abbey's mistake with my first claim! This I'm not happy about!

    My feeling is to continue with the second claim, for the full amount, through the County Court if necessary. The mistake with the first claim was Abbey's fault, and it was their decision to let me keep the overpaidicon funds. They now seem to have gone back on their written word.

    What I'd love to know is how does the law and the courts stand on this issue???

    :o HELP PLEASE!!!! :o

    Similar Threads:

    • #2
      Basic Account Holder
      Help the CAG!!
      Download our toolbar
      Mad Nick Informative Mad Nick Informative Mad Nick Informative Mad Nick Informative Mad Nick's Avatar

      Follow Real_CAG on Twitter

      Cagger since
      Nov 2006
      I am in
      GL12
      Posts
      692

      Default Re: Abbey's Mistakes

      Martin, I think the legal principle involved is called "unjust enrichmenticon" - they would have to use it against you. Even if they tried it (and I doubt they would) I can't see it sticking in a million years given that you owned up at the time and they said no further action - they'd look a bit stupid in front of a Judge. Here's a starter for ten : Unjust enrichment - Wikipedia, the free encyclopedia I would treat the 2nd claim as completely new and separate. Regards, Mad Nick

      Abbey £8370 settled 17 Apr 07

    • #3
      Basic Account Holder
      Help the CAG!!
      Download our toolbar
      martingump Novitiate

      Follow Real_CAG on Twitter

      Cagger since
      Jul 2006
      Posts
      16

      Default Re: Abbey's Mistakes

      I've had a good read. It seems like the law, Nick and I are of the same opinion!

      Thanks for your help, Nick.

      I'm sure my written response to Abbeyicon will be interesting!



    Browsealoud
Video Tour



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