Abbey court date nearing

**abbeyhater2** · 15th February 2007 17:10

February 2005. I advised Abbey icon

to investigate transactions from my
multifunction card.
I was unfairly charged £180 for a failed card payment in a shop. After
the
investigation, Abbey admitted fault, and refunded me the difference.

April 2005, While I was abroad, I started to notice my salary was not
clearing in their computers, which I had electronic proof of payslips,
reciepts etc. Call centre workers stated one figure of positive
balance, and
branch staff quoted another. Upon my return. I discovered I was penalty
charged again, this time to the extent of £450.

I launched an immediate Customer Satisfaction Team investigation with
Head
Office which took four months, until August 2005. No luck there, I had
the
assistance of a member of staff from a different branch to my usual
one.
Letters were faxed daily and mailed, "denial of reciept" was Abbey's
response.

August 2005, I approached the Financial Ombudsman icon

service, the figure
now
reached £900.
The Financial Ombudsman service was rude, insulting and in the end
fruitless.

I was harrased by debt collection icon

agencies, so were family members from
my
previous address.
My banking facilities were cancelled without notice, and I am still
being
penalty charged blindly, even though my account has not been in use
since
June 2005. The figure now is £1500.

I have been given a court date in my local county court icon

against Abbey

Please help!!!

Similar Threads:

**Karnevil** · 16th February 2007 14:21

Whats the court date for ? What is the claim you have put in against them ?

**abbeyhater2** · 17th February 2007 11:11

I have filed the n1 claim form.

Completed the allocation questionnaire

I have papers ready to file against Abbey icon

, before the court date.

This is a local county court icon

date hearing vs Abbey

**abbeyhater2** · 17th February 2007 19:27

February 2005. I advised Abbey icon

to investigate transactions from my
multifunction card.
I was unfairly charged £180 for a failed card payment in a shop.
After the investigation, Abbey admitted fault, and refunded me the difference.

April 2005, While I was abroad, I started to notice my salary was not
clearing in their computers, which I had electronic proof of payslips,
reciepts etc. Call centre workers stated one figure of positive
balance, and branch staff quoted another. Upon my return. I discovered I was penalty charged again, this time to the extent of £450.

I launched an immediate Customer Satisfaction Team investigation with
Head Office which took four months, until August 2005. No luck there, I had the assistance of a member of staff from a different branch to my usual one.
Letters were faxed daily and mailed, "denial of reciept" was Abbey's
response.

August 2005, I approached the Financial Ombudsman icon

service, the figure
now reached £900.
The Financial Ombudsman service was rude, insulting and in the end
fruitless.

I was harrased by debt collection icon

agencies, so were family members from my previous address.
My banking facilities were cancelled without notice, and I am still
being penalty charged blindly, even though my account has not been in use since
June 2005. The figure now is £1500.

I have been given a court date in my local county court icon

against Abbey

Please help!!!

I have filed the n1 claim form.

Completed the allocation questionnaire

I have papers ready to file against Abbey, before the court date.

This is a local county court date hearing vs Abbey

**abbeyhater2** · 17th February 2007 19:32

Abbey court date nearing
February 2005. I advised Abbey to investigate transactions from my
multifunction card.
I was unfairly charged £180 for a failed card payment in a shop. After
the investigation, Abbey admitted fault, and refunded me the difference.

April 2005, While I was abroad, I started to notice my salary was not
clearing in their computers, which I had electronic proof of payslips,
reciepts etc. Call centre workers stated one figure of positive
balance, and branch staff quoted another. Upon my return. I discovered I was penalty charged again, this time to the extent of £450.

I launched an immediate Customer Satisfaction Team investigation with
Head Office which took four months, until August 2005. No luck there, I had the assistance of a member of staff from a different branch to my usual one.
Letters were faxed daily and mailed, "denial of reciept" was Abbey's
response.

August 2005, I approached the Financial Ombudsman icon

service, the figure
now reached £900.
The Financial Ombudsman service was rude, insulting and in the end
fruitless.

I was harrased by debt collection icon

agencies, so were family members from
my previous address.
My banking facilities were cancelled without notice, and I am still
being
penalty charged blindly, even though my account has not been in use
since June 2005. The figure now is £1500.

I have been given a court date in my local county court icon

against Abbey

Please help!!!

I have field the AQ and waiting to see Abbey in court in one month

louis wu · 17th February 2007 20:58

Typical of Shabby to make mistakes, and them charge you for them.

It will help if you tell us what the judges orders are, it can be a pain but type it in full.

You sound organised, so get all your paperwork, and Abbey icon

's letters, and file them in date order. Probably best to include statements as well.

I know this is not the 'standard' claim that appear in here, but read as much as you can.

I am not an expert, but will help as much as possible, and other members with more expertise will give more detailed advice.

Keep posting with as much info as possibe.

Best of luck

**Armsoft** · 17th February 2007 23:46

Originally Posted by abbeyhater2

February 2005. I advised Abbey icon

to investigate transactions from my
multifunction card.
I was unfairly charged £180 for a failed card payment in a shop.
After the investigation, Abbey admitted fault, and refunded me the difference.

April 2005, While I was abroad, I started to notice my salary was not
clearing in their computers, which I had electronic proof of payslips,
reciepts etc. Call centre workers stated one figure of positive
balance, and branch staff quoted another. Upon my return. I discovered I was penalty charged again, this time to the extent of £450.

I launched an immediate Customer Satisfaction Team investigation with
Head Office which took four months, until August 2005. No luck there, I had the assistance of a member of staff from a different branch to my usual one.
Letters were faxed daily and mailed, "denial of reciept" was Abbey's
response.

August 2005, I approached the Financial Ombudsman icon

service, the figure
now reached £900.
The Financial Ombudsman service was rude, insulting and in the end
fruitless.

I was harrased by debt collection icon

agencies, so were family members from my previous address.
My banking facilities were cancelled without notice, and I am still
being penalty charged blindly, even though my account has not been in use since
June 2005. The figure now is £1500.

I have been given a court date in my local county court icon

against Abbey

Please help!!!

I have filed the n1 claim form.

Completed the allocation questionnaire

I have papers ready to file against Abbey, before the court date.

This is a local county court date hearing vs Abbey

Your Court Bundle (http://www.consumeractiongroup.co.uk...rt-bundle.html)
needs to be received by both the court and Abbey a minimum of 14 days before your court date (what date are you due in court?)

You should also read - http://www.consumeractiongroup.co.uk...ate-guide.html
As it gives very good guidance on what to expect, what to take with you etc, etc.

Then keep asking questions on here to explain anything you don`t understand

**abbeyhater2** · 19th February 2007 13:01

Thanks

I will gather my info and bundle 14 days prior.

This I have been preparing.

Statements showing my good history will also be used

Court date nearing is DEFINATELY worth a read

I will throw all my muscle at Abbey icon

**abbeyhater2** · 30th March 2007 12:07

Dear Consumer Action Group

I have been sent a letter by Abbey icon

, with my surname spelled incorrectly.

They are offering the majority of the amount I am claiming.
I have contacted experian to remove the default judgement against me, using a template from a forum member.
Experian have only issued a notice of correction and decided to contact Abbey. I will also contact Equifax.

No offer of removal default has been mentioned by Abbey.

The letter clearly states

We have now conducted a complete reconciliation of your account and without any admission of liability, Abbey National Plc has determined in this instance, to settle yuor claim in full. Payment is in Full and final icon

settlement of your claim.

We will inform the county court icon

that Abbey is settling your matter in full and asking the court to withdraw the claim from the hearing list.

I do not want to settle ANYTHING WITHOUT THE REMOVAL OF MY DEFAULT

Please help!!!

**whizzkid001** · 30th March 2007 12:15

Does your claim ask for default removal as well as the repayment of bank charges?

**abbeyhater2** · 30th March 2007 12:23

At the time of my claim, they had not defaulted me.

I wrote to Experian recently to remove the default with a letter from a forum member with legalities on why they should remove the default entry on me etc.

I have also applied for my credit file from Equifax, to see what they have on me.

I HAVE BEEN REFUSED CREDIT RECENTLY FOR THE FIRST TIME IN MY LIFE!!! THAT REALLY HURTS!

Experian have issued a letter cc to the companies who have refused me credit recently, as contesting the data controller details of Abbey icon

etc.

I will be on to them NOW!

I have NOT requested a SAR icon

or CAW as I have all my statements I need.

Please help!!!

**whizzkid001** · 30th March 2007 12:41

Ok, in hindsight it's a pity that you hadn't made the issue of their default removal a part of your original claim!

However, in my opinion, if the amount of your claim is equal to, or more than, the amount they have defaulted you for, then I don't see why you couldn't apply to the court to amend your claim icon

to include the default removal - although it would seem your hearing date is imminent. This would then enable you to reject their financial offer unless it includes default removal as well.

**abbeyhater2** · 30th March 2007 12:49

Hi whizzkid

Thanks for the reply

How do I go about requesting removal of defaults against me?

As Experian have only issued a notice of correction and the information commisioner has not been helpful.

I have still to obtain my credit report from Equifax.

Do I contact Abbey icon

from the letter they sent me offering me money?

**whizzkid001** · 30th March 2007 12:53

Writing to the credit ref agencies will not have any effect - they will merely say that they have no power to do so, only the originating company can remove it.

How much are you claiming from Abbey icon

and when is the hearing?

**abbeyhater2** · 30th March 2007 13:06

I am claiming £1300 including court fees

What forms do I need to submit to the court.

I have been preparing my court bundle this week.

I AM NOT AFRAID TO TAKE Abbey icon

ALL THEY WAY

THE REMOVAL OF THE DEFAULT NOTICE IS VITAL

**abbeyhater2** · 30th March 2007 13:17

Dear Consumer Action Group

I have been sent a letter by Abbey icon

, with my surname spelled incorrectly.

They are offering the majority of the amount I am claiming.
I have contacted experian to remove the default judgement against me, using a template from a forum member.
Experian have only issued a notice of correction and decided to contact Abbey. I will also contact Equifax.

No offer of removal default has been mentioned by Abbey.

The letter clearly states

We have now conducted a complete reconciliation of your account and without any admission of liability, Abbey National Plc has determined in this instance, to settle yuor claim in full. Payment is in Full and final icon

settlement of your claim.

We will inform the county court icon

that Abbey is settling your matter in full and asking the court to withdraw the claim from the hearing list.

I do not want to settle ANYTHING WITHOUT THE REMOVAL OF MY DEFAULT

Please help!!!
At the time of my claim, they had not defaulted me.

I wrote to Experian recently to remove the default with a letter from a forum member with legalities on why they should remove the default entry on me etc.

I have also applied for my credit file from Equifax, to see what they have on me.

I HAVE BEEN REFUSED CREDIT RECENTLY FOR THE FIRST TIME IN MY LIFE!!! THAT REALLY HURTS!

Experian have issued a letter cc to the companies who have refused me credit recently, as contesting the data controller details of Abbey etc.

I will be on to them NOW!

I have NOT requested a SAR icon

or CAW as I have all my statements I need.

Please help!!!

**bennyowen** · 30th March 2007 13:22

abbeyhater2,

I suggest that you provide reply to their letter. In your letter, accept their offer on the condition that they remove the default recorded on your credit file being the result of unlawful charge applied to your account.

Good luck

**whizzkid001** · 30th March 2007 13:33

You need to fill out an N244 icon

here - http://www.hmcourts-service.gov.uk/c.../n244_0400.pdf This will cost you a non-refundable £35.00 fee (you can get this back off Abbey icon

). Fill in as follows:

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

Part A:

I ***** (the claimant)

(that....) allows an amendment icon

to the above claim in respect of the claim particulars.

(because....) the claimant has been defaulted on his credit file by the defendant since first issuing the claim, on an amount comprising almost entirely of charges, and for which repayment is being sought in this court claim.

Part B:

tick 'evidence in part C' box

Part C:

Something like;

"I respectfully request that the court allows an amendment to my particulars of claim.

(brief explaination of why the amendment is needed, etc...............)

Please find attached to this application my proposed new particulars of claim.

Then redo your N1 application but include at the end something like

"The claimant has been defaulted on his credit file by the defendant since first issuing the claim, on an amount comprising almost entirely of charges, and for which repayment is being sought in this court claim. I seek complete removal of this Default entry."

I would also attach a printout of the default entry on your credit file.

Send or take 3 copies of both amended N1 and N244 together with your fee of £35. Tell the court staff it's urgent. Then it's up to the judge to agree.

**whizzkid001** · 30th March 2007 13:39

Please stick to 1 thread abbeyhater2!

**abbeyhater2** · 30th March 2007 16:24

Thanks you lot

That is brilliant.

I have just returned from the county court icon

where my hearing is scheduled against Abbey icon

.

They advised me to simply write a letter to the judge sitting in the case against Abbey.

I will instead follow the directions given here.

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