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.
Helen21 Vs Abbey-a little clarification please....
I recieved my 6 years worth of statements from Abbey and sent my prelimary letter to them on 14th April, they then replied saying they would deal with this complaint within 28 days (not 14 days as specified in my letter), I didn't hear any more from them within my 14 day limit so proceeded with the letter before action sent on 1st May-was this right or should I have waited the full 28 days? They have now sent me another letter saying sorry blah blah blah we are very busy at the moment and have not been able to answer you within the original 28 days and that they require ANOTHER 28 days to look at the complaint before they can reach a decision. What do I do now????
Re: Helen21 Vs Abbey-a little clarification please....
You should stick to your time scales not theirs. You sent your lba on 1st May so you give them 14 days from the date they received the LBA. If no reply or refund then it is court. Hope this helps.
Re: Helen21 Vs Abbey-a little clarification please....
Nothing from Abbey so guess its time to start court papers, also the beggers have taken my overdraft off and are now charging me for unauthorised overdraft!!!! Cheeky swines Can I add these new charges to my claim or do I need to stick with the amount in the original letters?
Re: Helen21 Vs Abbey-a little clarification please....
Hi helen21,
On your actual claim form, be it N1 or MCOL, you can claim all charges etc up to that date. After that it will cost yu £35 toamend your claim, which is non-claimable, and can hold up your claim. So cram everything on your N1 that you can, and anything after that forms the basis for your 2nd claim
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
Re: Helen21 Vs Abbey-a little clarification please....
Thats great thanks, are they allowed to just remove my overdraft for no reason?? It is £1200 and on my latest staement recieved today it now says overdraft-£0 so effectively makes me £1200 overdrawn and giving them even more charges to slap on.
Re: Helen21 Vs Abbey-a little clarification please....
They have to give you 28 days notice, but then they can take it away. Have you opened a parachute account yet?
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
Re: Helen21 Vs Abbey-a little clarification please....
yes I have a parachute account with no overdraft on as I simply don't want to owe any money to any bank anymore so once Abbey settle (if they do!) then that will pay of my overdraft with them and be done with them. They havent given me 28 days notice, infact they have given me no notice they have just removed it. Bleedy swines.
Re: Helen21 Vs Abbey-a little clarification please....
time to switch everything to your parachut account,register your Abbey account as in dispute, and negotiate a repayment schedule
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
Re: Helen21 Vs Abbey-a little clarification please....
well as long as they give you 28 days notice it is their prerogative, but you should open a parachute account and negotiate a monthly payment that is realistically affordable, any other questions, please post in your own thread, it helps everyone to help you if all your questions are in one place
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Re: Helen21 Vs Abbey-a little clarification please....
Recieved a letter from shabby this morning (on my birthday of all days ) saying they are going to register a default on the account now they have removed my overdraft, I rang them and asked if they were allowed to do this as the account is officially in dispute and they said they can and will, is this right? Really narked off with this now, seems to have caused more trouble then its worth
Re: Helen21 Vs Abbey-a little clarification please....
Hi Helen, firstly HAPPY BIRTHDAY!!!
No , they are not allowed to register a default on an account in dispute, but they do anyway, have you filed your N1 yet? if not then you want to have
something in the POC about default removal, if you already have you have two options, you can file an N244 (at a non recoverable cost of £35) to change your poc to reflect the default, or you can try and negotiate at the end when they settle and have is as a condition of settlement, failing that, it can always become the basis of another claim
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
Re: Helen21 Vs Abbey-a little clarification please....
No not filed it yet, been waiting for today to get paid! Will be sure to add it. Anyone else find abbeys customer service appauling? After waiting for 20 mins to get through got hung up on twice before I'd even ranted at all, and then got shouted at for asking questions and basically made to feel like the scum of the earth!How dare we question them......!!
Re: Helen21 Vs Abbey-a little clarification please....
As we always sya on here it is best to get everything in writing just in case it is needed at a later stage of the claim.
Failing that get the name of the person you speak to.
The problem with it all is that at the moment the banks feel all important as they reckon that we need them more than they need us, hence the reason why they take the high and mighty attitude.
Re: Helen21 Vs Abbey-a little clarification please....
helen,
have you officially registered the account as being in dispute, as opposed to starting this claim? If you need a template letter, there's one on the cassie2006 thread
All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion
......................... ......................... ....
I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.
Re: Helen21 Vs Abbey-a little clarification please....
Go for it girl, I've just got ALL my charges, interest and court fees back today. It took six months from request for info to settlement offer but it's really worth it.