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)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default MissPhonic v Abbey

    Hey all!

    I'm trying to reclaim about £3k from the Abbeyicon, should have done this a long time ago when I had more time on my hands, but like everything I keep putting it off and now i'm juggling this with a 3 week old baby, so ANY help would be much appreciated!!

    I sent off my data request letter and fee in Feb, and recieved my statements, and the spreadsheet of charges that they seem to be sending out these days, along with a refund of my £10 fee as it took slightly longer than the 40 days.

    I am now preparing my prelim. letter but am totally confused by the schedule of charges spreadsheet, do I claim the interesticon at this stage?

    Thanks in advance!

    Vicki

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  2. #2
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    Default Re: MissPhonic v Abbey

    Hi

    No , you have to take that part off the spreadsheet. You only claim that when you get to the court stage.

    Best of luck!


  3. #3
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    Default Re: MissPhonic v Abbey

    Thank you for your reply!

    That makes it a bit easier

    Will crack on.....

    Vicki


  4. #4
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    Default Re: MissPhonic v Abbey

    Hi MissP,

    I'm answering you on this thread to keep your story together. Leave the "Days since offence " off along with the interesticon.

    Do you know how to hide columns in a spready?

    cf

    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.

  5. #5
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    Default Re: MissPhonic v Abbey

    Hi, Thanks for your reply.

    Yes I've worked that out, Thanks though!

    Just started my spreadsheet and now baby has woken up...... This is going to be a challenge to say the least!

    Vicki


  6. #6
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    Default Re: MissPhonic v Abbey

    Ok, At the risk of driving everyone loopy with my questions....

    On the spreadsheet, do I need to enter the EXACT date of the charge?

    Abbeyicon sent me microfiche from January '01 to January '04. and statements from March '06 to April '07 These state the exact dates.
    They then sent me a spreadsheet of all charges from January '04 to December '06 which covers all the missing months, but only states the months the charges were added not exact dates?

    Is this a problem? Or for those dates should I just include the month?

    Thank you again!

    Vicki


  7. #7
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    Default Re: MissPhonic v Abbey

    Re: the above post!

    Reading that back, I may have over complicated it a bit!

    All I need to know is can I get away with putting the month of 'offence' or does it have to be exact date?


    Vicki


  8. #8
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    Default Re: MissPhonic v Abbey

    HI Vicki
    I had the same problem so i just looked at the date they took the charges on my proper statements and they were always around the 7th or 8th of the month, so i just put in the 8th for all the months on the spreadsheet that they had only given a month
    Does that make sense?
    Have you got any charges on statements that you can look at?

    Melissa


  9. #9
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    Default Re: MissPhonic v Abbey

    WOW I've just noticed that i have a reputation comment from you!! Thank you, It's usually me looking for everyone else's help, didn't expect that came across it by accident

    Thanks again very much appriciated

    Melissa


  10. #10
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    Default Re: MissPhonic v Abbey

    Quote Originally Posted by MissPhonic View Post
    Re: the above post!

    Reading that back, I may have over complicated it a bit!

    All I need to know is can I get away with putting the month of 'offence' or does it have to be exact date?


    Vicki
    You need a date so that the spreadsheet can calculate the number of days from then til now so it can calculate the interesticon! As sutherm says they take the charges on or around the same date each month, so all you need to do is find a statement with a recent charge and see when that was taken and use the same date for each month!

    Hope this helps!


  11. #11
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    Default Re: MissPhonic v Abbey

    Thank you both!

    Mine tend to get taken on or around the 21st, so i'll go with that.

    Thanks again,

    Vicki


  12. #12
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    Default Re: MissPhonic v Abbey

    Prelim letter and schedule of charges for £3545 sent today by recorded delivery, let the 14 day countdown begin.......

    Vicki


  13. #13
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    Default Re: MissPhonic v Abbey

    Well done.......I reckon you should have your money back by halloween, but you'll definitely get it back!!

    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.

  14. #14
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    Default Re: MissPhonic v Abbey

    I hope so!

    Bog standard 'Give us 4 weeks' letter received from Abbeyicon, sent the day they received my letter!

    4 weeks my a*se

    11 days and counting........

    Vicki


  15. #15
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    Default Re: MissPhonic v Abbey

    That's right, Vicki, it's your claim not theirs so you set the timescale! It'll soon be time to send your lbaicon!


  16. #16
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    Default Re: MissPhonic v Abbey

    Doesn't time fly when you're having fun..........!

    lbaicon sent today by recorded delivery..... 14 days and counting.....

    Vicki


  17. #17
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    Default Re: MissPhonic v Abbey

    Bog standard 'Give us 4 weeks' letter received from Abbeyicon, sent the day they received my letter.......

    Exactly the same as the letter I received in response to my prelim....


    Dejavu?????

    12 days and counting......

    Vicki


  18. #18
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    Question Re: MissPhonic v Abbey

    Right, Day 14 and here's where it all gets a bit scary and I need real help!

    I'm going down the N1 route as from what i've read it sounds like the better option.

    Question time!

    1. I want to deliver my N1 by hand, does it have to be to my local County Court? My local court is actually a magistrates court, but obviously if it has to be to the county courticon then so be it!

    2. Re my schedule of charges, I have to admit I'm a total spreadsheet noob, and a self taught one at that! I managed to hide the interest columns for the prelim and lbaicon stages, I'm guessing here's where I unhide them, but I can't work out how, I did it before but have a horrible feeling they have disapeared now as I can't do it again!:?

    3. In the charges bit of the N1, in the template it has overdrafticon interest, Is that the bit that I get from the spreadsheet? Then Interest under s.69 County Courts Act 1984 - What is this? How do I calculate it?


    Thanks in advance, sorry to be a pain but I really want to get this right!

    Vicki



  19. #19
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    Default Re: MissPhonic v Abbey

    Hi there

    1. Yes it must be the county courticon

    2. How did you hide the columns? Did you use the tools or close them up? If you want to email me the spreadie I'll have a look for you (I'm pants at all the legal stuff, but not bad on spreadsheets!)

    3.No, the overdrafticon interest is the interest charges Abbeyicon put on your account when you are o/d. The interest under s.69 is the 8% from your spreadie, then you do the following calculation to work out the daily rate:

    your total claim amount at the date of submission x 0.00022

    to give you an amount, for example mine works out to £1.75 a day.

    Will pm you my email address - hope this helps

    Godd luck

    Jo xx


  20. #20
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    Red face Re: MissPhonic v Abbey

    Thanks for the quick reply Jo!

    I did hide the columns as I managed to get them back at one point, but I can't do it again!:-| I will take you up on your offer of help if that's ok, thanks for the pm, i'll forward my spreadie in a mo!

    Where do I get the OD interesticon from then? Do I need to go through my statements again and look for any that was taken and add it all up?

    Thank you!

    Vicki



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