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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    helen21 Novitiate

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    Default Helen21 Vs Abbey-a little clarification please....

    I recieved my 6 yearsicon 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 actionicon 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????

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  2. #2
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    You did the right thing by waiting 14 days.

    Stick to your timetable and ignore what Shabbey are saying-they are just tyrying to delay the inevitable.


  3. #3
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    You should stick to your time scales not theirs. You sent your lbaicon 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.


  4. #4
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    Nothing from Abbeyicon so guess its time to start court papers, also the beggers have taken my overdrafticon 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?


  5. #5
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    Default 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.

  6. #6
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    Thats great thanks, are they allowed to just remove my overdrafticon 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.


  7. #7
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    Default 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 accounticon 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
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    I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

  8. #8
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    yes I have a parachute accounticon with no overdrafticon on as I simply don't want to owe any money to any bank anymore so once Abbeyicon 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.


  9. #9
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    time to switch everything to your parachut account,register your Abbeyicon 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.

  10. #10
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    Abbeyicon have also give me notice that they will be taking away my overdrafticon facility..........


  11. #11
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    Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula Authoritative Lula's Avatar

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    Default 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 accounticon 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


  12. #12
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    Default 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 overdrafticon, 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


  13. #13
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    Default 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 POCicon about default removal, if you already have you have two options, you can file an N244icon (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


  14. #14
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    Default 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......!!


  15. #15
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    Default 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.

    Come the revolution!!!.


  16. #16
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    Abbeyicon rang me today and asked why i have stopped having my wages paid in to my account!!!!!

    Perhaps it is the fact that you owe me over £2000 in unfair charges and that you are taking away my overdrafticon on June 1st...... i replied


  17. #17
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    Default 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

    http://www.consumeractiongroup.co.uk...e-abbey-6.html

    post #104

    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.

  18. #18
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    Brilliant,printed and will pop in post now.


  19. #19
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    Abbeyicon have popped £780 into my account as a goodwill gestureicon -how kind of them to return MY money, now for the rest of it....


  20. #20
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    Default Re: Helen21 Vs Abbey-a little clarification please....

    Go for it girl, I've just got ALL my charges, interesticon and court fees back today. It took six months from request for info to settlement offer but it's really worth it.

    Good luck.



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