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)


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  1. #1
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    Default Joint claim with seperated wife and own individual claim v Abbey

    Seems like forever since I started on all this.

    Thanks to Breadline and Batty Billy for getting me this far.

    The joint claim I have statements going back beyond 6 yearsicon, some of the delay is down to thebank, but it looks like Bankfodder reckons we can claim beyond the 6 years as they have definately mislead/misinformed us re our rights.

    The Abbeyicon only reversed some of the charges at that time, telling us they had every right to take our money away.

    Has anyone had success in claiming beyond 6 years from the date of sending their first request for return of charges etc?

    I am sure I can phrase an extra part to the standard letter re this, referring to the law Bankfodder quotes.

    My wife now solely operates what was the joint account at that time, and doesn't want to claim for the time we have been apart, well not yet anyway. I have told her about the A & L victimisation case (Feb '07) but that is how things stand for her. If and when we get money back she may decide to go for the b****s in her own name alone too.

    So: Has anyone had success in claiming beyond 6 years from the date of sending their first request for return of charges etc? Please.

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    quietzap (I want my money back.)

  2. #2
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    I have found the big thread re the 6 year rule, thanks.
    This weekend I have to send the second letters on both the joint and my individual accounts.
    I still cannot get the Neo Ofifice spreadsheet to work with Mac OSX. When I try to download it again it isn't producing anything other than code.

    quietzap (I want my money back.)

  3. #3
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    QZ - I think you need to make sure your figures are correct before you start your claim. If you have not got these spot on, then your claim may not be taken seriously if you have to alter it later on. I would suggest you postpone starting your claim until you have had some more help with this.

    I will PM you about your spreadsheet(s).

    Bong has just won on this thread, which you might find encouraging:

    http://www.consumeractiongroup.co.uk...-interest.html

    Bill.


  4. #4
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    hi there, just wanted to add that Glenn UK has succeeded with Abbeyicon getting charges back to either '97 or '99, can't remember which. I'm sure he won't mind you PMing him to discuss why they caved over the limitation defence.


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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Hi qz,

    I had a claim on a joint account - which was converted into a sole account and I won - good luck - any q's just ask.


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  6. #6
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Thanks bong, I shall contact him. I intend to start the claim for the time prior to 6 yearsicon back today, but the details I have do not go as far back as I would like, I only asked for 6 year's worth when I made my second requests for statements/details.

    Thank you too gizmo111 I shall have few questions for you too.

    I am grateful, I am pretty threatened economically, landlord problems, little work, still no benefits.

    The banks and duff anti-depressants have played their roles in what I have to get myself out of.

    quietzap (I want my money back.)

  7. #7
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    By the way my wife (ex to be) was a National provincial bank clerk in the '60s & '70s and she examined the joint statements and then checked what I claimed. I did study Economics/Econometrics at college a long, long time ago. I think most of my questions are going to be about how to present the claims, and what info to send.

    Thanks.

    quietzap (I want my money back.)

  8. #8
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Just subscribing to offer support qz- you have the best people helping you already I see but, if I can offer any assistance later on, I will.

    Best Wishes

    Sarah


  9. #9
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Quote Originally Posted by sarahpp View Post
    Just subscribing to offer support qz- you have the best people helping you already I see but, if I can offer any assistance later on, I will.
    Me too!

    links to my current claims ...
    My claim - Yorkshire Bank Visa
    chezt V RBS Mastercard
    Chezt v RBS Joint Account
    chezt v Abbey Credit Card

    Settled ...
    chezt V Duet Card/Creation Finance
    chezt v's Studio Cards
    chezt v's Littlewoods Catalogue

    Next ...
    Abbey Joint a/c & Single a/c
    Barclaycard (Mine & Hubby's)
    Anyone else I can think of ...!

  10. #10
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Make that another one who will offer support if I can too.

    I am currently hitting Barclaysicon for 96-99 charges and a 2007 one as well just to keep some recent ones in there as well.

    Tanz


  11. #11
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Thank you all very much, it is kind of you to support like this and truly appreciated. X, Hugs, handshakes as appropiate!

    I think I should make clear that on both Abbeyicon Claims there is very little interesticon on the accounts, the often small excess overdrafts were usually reversed after a day or two. I think the max interest was £7 odd, but we did end up taking out personal loans sometimes, and once an awful Saga Visa Card.

    I am currently using an online compound interest gizmo ( COMPOUND INTEREST CALCULATOR ) to work out the annual compound on the actual charges based on the 28.7% mentioned on Glenn's thread. Makes me feel better, but I won't send the results until I have completely read that thread, which looks key for me.

    My Abbey Claim is for £960 and our joint claim within the 6 year period, but before my wife took over the joint account alone, £685.50.

    My estranged wife and I are both signing the correspondence to Abbey, she is scared though that they will close her account, seems unlikely as she earns quite a lot. Have suggested a parachuteicon acc (First Direct?) but no dice.

    As the banks played a role in our split up imho I suppose it is good we are getting even with them together, wish she would taek action on her own account, as I know she has had problems on her sole Acc too.

    quietzap (I want my money back.)

  12. #12
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    quietzap,

    You have got some good CAGers subscribed to your thread, so you will be in good hands. Just post any questions you have and someone will help you out.

    Tanz


  13. #13
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    OK., QZ - If I've got this right, we are talking about two accounts you're wanting to claim on. The first one is your own Abbeyicon account, which is just in your own name, and the other is your joint account.

    Yes, there is a possibility that the bank may want to close your joint account, although this is against the Banking Codeicon, I believe, but it is still a risk. I would suggest that you concentrate on claiming from your own Abbey account first, and put the joint account on the back burner for now.

    Once you've got your Abbey account settled, then your wife ( whom I realise you are separated from ) may then agree to going ahead with the claim on your joint account. Meanwhile - and at the risk of seeming a little indelicate - you could try and convince her that she may be needing her own separate account at some point in the future, so to open a parachute accounticon now might seem like a good idea.

    That's just my opinion on things as I see them, though, and I would prefer you to hear the opinion of others before you do anything more.

    Bill.


  14. #14
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Quote Originally Posted by bill-k View Post
    Once you've got your Abbeyicon account settled, then your wife ( whom I realise you are separated from ) may then agree to going ahead with the claim on your joint account. Meanwhile - and at the risk of seeming a little indelicate - you could try and convince her that she may be needing her own separate account at some point in the future, so to open a parachute accounticon now might seem like a good idea.
    Alternatively you could get her to have a look at some of the Litigation Concluded in here: http://www.consumeractiongroup.co.uk/forum/litigation/

    She may find it a bit of an eye opener.


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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    I think what your suggesting Bill is a good idea too.


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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    My wife now solely operates what was the joint account at that time, and doesn't want to claim for the time we have been apart, well not yet anyway. I have told her about the A & L victimisation case (Feb '07) but that is how things stand for her. If and when we get money back she may decide to go for the b****s in her own name alone too.
    The wife has sole control of the joint account.


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  17. #17
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Quote Originally Posted by gizmo111 View Post
    The wife has sole control of the joint account.
    Does she ? Have you agreed to this formally ?

    Or have you just informally handed control to her ?


  18. #18
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    Quote Originally Posted by bill-k View Post
    Does she ? Have you agreed to this formally ?

    Or have you just informally handed control to her ?
    Prob to avoid the ear bashings. lol


  19. #19
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    I gave her control of the joint account which is operated in her name only and has been for nearly 4 years. The period from6 years ago to then is the period we are intending to claim for on that one. She needs the money too (holidaysicon and giving money to our grown up kids are where most of it goes still) and I think it makes sense to inclde the period for which I have details back over a bit more than 6 yearsicon (she sat on the statements Abbeyicon sent for afew months and there is another £300 or so which comes into the reckoning if we go back that far)

    Mine is simpler, cos it is an account I have operated for nearly 4 years (stopped nearly rtwo ago, but they kept it open despite my requet to close it - changed my mind now though) and no need to consult.

    Thanks Bill, Gizmo, Tanzararelli.

    quietzap (I want my money back.)

  20. #20
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    Default Re: Joint claim with seperated wife and own individual claim v Abbey

    No probs



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