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.
I have finally got to the stage where the Shabbey have filed a defence.
I am claiming £1224.52, plus interest which is mounting up each day. They have offered half as a settlement, but NO WAY HOSE. I want every penny back!
Anyway thought you may be interested to know that they have got me down as having totally the wrong name. I am Suzanne, they have me down as a Brian somebody or other.
Also the other day I got a letter saying we had written to ask then to change our address and needed to send ID - we did not ask for this, and are not moving house or anything.
Could these 2 things be related as I read a thread saying that Shabbey had sent files to the wrong address and when they never turned up to court, they reckoned they sent stuff to the address that lady lived at 2 years earlier!
Also they sent my husband 2 cheque books with EXACTLY the same cheque numbers in them for his small business account. (Nothing to do with this claim).
I decided to make the most of these errors, and have just sent the lovely James Arrandale a letter noting all the points as above, so I can use in my court bunder.
Do you think this will count towards me winning or not? It just shows how shabbey they really are though Earlier in the year they lost a cheque and put £300 in the wrng account and my mortgage almost was not paid.
Anyone else experienced these types of "blunders" when they are trying to take these jokers to court?
There are potential Data Protection issues here. It is highly possible that the name on your defence is actually someone else who is claiming against Abbey, which means that this Brian may have a defence file with YOUR name on.
I am only guessing, but I think its the Data Commissioner who would regulate and oversee this, so it may be in your interest to contact them.
If Abbey have sent your details to a 3rd party then they will be in trouble. As for helping this claim, I dont think it will make any difference other than showing Abbeys incompetence, which wont hurt, but you may possibly have the opportunity to ask for damages under the Data protection act.
As with all things, do some investigating, and then when you have the facts and the knowledge do something about it.
Hi 121o121,
I know and I think your right about not relating to the Husbands duplicated cheques. Its just that I am SO SO SO peeved with them making mistakes constantly I want to spread the word - even to the judge, though I agree it wont achieve anything!
They are the worst bank I have even dealt with, and are getting worse. The last resort, which made me start this claim, was when they mislaid £300, lost a cheque, just as I was about to give birth, and then charged us £500 over 2 months for about 6 transactions, all of little amounts. I just want to get this sorted out and move to some bank we can reply on to do what we pay them to do!
Suzy - nothing to stop you moving your account now and stopping Abbey having any more of your money.
If it leaves the account overdrawn tell them it is in dispute and until the dispute is resolved you expect them to freeze interest/charges and you will pay them an affordable amount each month until the dispute is resolved.
QUOTE:Anyway thought you may be interested to know that they have got me down as having totally the wrong name. I am Suzanne, they have me down as a Brian somebody or other.
Hi, I have had the same problem. I received a copy of the Defence papers from Abbey with my name and claim number on, but also a page with another persons name on as a claimant with the same reference number?????
But I am still waiting nervously for my court date.
Hello peeps! I now have my allocation questionnaire! Its getting scarey! Especially when on the TV the other night it said that the OFT are going to have a definitive answer March/April! Did we all see the names on TV on the forum "Karnevil" and "Sticky"? I was shouting - wheey heey Karvevil has been helping me! Fame at last! Anyway back to the topic in hand now..Please can anyone help with the aq?My claim is for £1224.52, plus the interest each day...so do I have to pay charges?I have got the info from templates librabry about how to fill in, but am a bit confused, and it doesnt take much for me, but I see a new strategy and now I am not that sure how to complete it?ANY help gladly appreciated...
When you file the aq you will have a fee of £100 to pay which you will get back when you win. You can attach a set of draft directions which can be found here DRAFT ORDER FOR AQ .These draft directions are refered to in section F of the form where you tick yes as having been attached and no for agreed by other party. You can then refer to the draft in section H by saying something along the lines ;
' 1. Please find attached to section F a draft order containing proposed directions for the courts due consideration.'
If you read the draft you will see what is being asked of the court and thence the defendant. The rest of the AQ is quite easy to fill in, there should be a sticky to help. HTH.
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
Arrrr right - so this is the new bit then, the draft directions...Thanks there Bish.I have read somewhere on a template or thread that its £100 if the claim is over £1500...so actually is it £100 regardless Why do you have to pay this as well as the £120 for the court claim? Am I likley to get this back?I also have another piece to add from Michael Browne for section G also about draft directions. Its easy to get confused...it would be great if someone had a recent settlement in full and had completed the aq with the new strategy..I am sure that would help me and others in my situation.Thanks again - I hope it doesnt get to court to find that the OFT have made their ruling and you cant get them all back - eek!
Dont worry about that, as it wont happen overnight. Don't forget, the OFT dont make the law, and only a judge can make a legal ruling, so, IMO, the banks are still a long way from safe ground.
Abbey defence file - wrong name on file!!
which is mounting up each day. They have offered half as a settlement, but NO WAY HOSE. I want every penny back!
Reply With Quote
Originally Posted by bish
Re: Abbey defence -wrong names/ AQ HELP
Re: Abbey defence file - wrong name on file!!
