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

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Red face Claire v Abbey - Help with Allocation Questionnaire please!!!

    Hello there.... I was wondering if you could help me out with my Abbeyicon Claim... I've followed all of your steps and Im now up to filling in the allocation questionnaireicon... I was wondering if you had any suggestions in filling out section G for 'other information'.

    I am claiming £1150 and have stopped using the abbey account because the charges were snowballing so I couldnt afford to live on the money I had left over from tax credits and child benefit. I was advised from one of your moderators to use a different bank account which ive done and everythings fine. but since filing the claim with the court theyve charged me an extra £300 in additional unpaid direct debits and exceeding overdrafticon limits etc and are now adding interest on a daily basis. I spoke to the court and they said I cant change the claim amount to add on the £300+ because the notice has been served. Is this right??? They said to start a new claim.

    I also spoke to abbey and explained the account was in dispute and asked why they cant freeze it until its resolved, but they wont and said they wont stop trying to reclaim the money they say I owe them....

    Im getting worried now that Im still going to owe them more money once the claim is settled... Can I request the reclaimed money in the form of a cheque. Just so I can pay them back the original claim, until I sort the additional charges out.
    Does this make sense??

    Hope you can advise me... I really appreciate any help...

    Many thanks...


    Confused Claire.

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  2. #2
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    Default Re: Claire v Abbey - Help with Allocation Questionnaire please!!!

    Quote Originally Posted by Shutterz View Post
    Hello there.... I was wondering if you could help me out with my Abbeyicon Claim... I've followed all of your steps and Im now up to filling in the allocation questionnaire... I was wondering if you had any suggestions in filling out section G for 'other information'.

    I am claiming £1150 and have stopped using the abbey account because the charges were snowballing so I couldnt afford to live on the money I had left over from tax credits and child benefit. I was advised from one of your moderators to use a different bank account which ive done and everythings fine. but since filing the claim with the court theyve charged me an extra £300 in additional unpaid direct debits and exceeding overdrafticon limits etc and are now adding interest on a daily basis. I spoke to the court and they said I cant change the claim amount to add on the £300+ because the notice has been served. Is this right??? They said to start a new claim.

    I also spoke to abbey and explained the account was in dispute and asked why they cant freeze it until its resolved, but they wont and said they wont stop trying to reclaim the money they say I owe them....

    Im getting worried now that Im still going to owe them more money once the claim is settled... Can I request the reclaimed money in the form of a cheque. Just so I can pay them back the original claim, until I sort the additional charges out.
    Does this make sense??

    Hope you can advise me... I really appreciate any help...

    Many thanks...


    Confused Claire.
    Hi firstly you can amend the claim using the N244icon form, this will cost £35 which you can not reclaim. I would ask Abbey once they agree to settle to include these further charge or should they not then start a new claim. You can request the cash back as a cheque however they may just credit it to your account. This link has all the information required to fill out sect G of the aqicon.
    http://www.consumeractiongroup.co.uk...ompletion.html






    I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

  3. #3
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    Default Re: Claire v Abbey - Help with Allocation Questionnaire please!!!

    Hi... Thanks for your reply...

    Still not clear on section G of the aqicon...... Do I put the bit in about lasting an hour and do I include the draft directions.... Do i need to attach any documents and can I mention the additional charges???

    At what stage to I ask Abbeyicon to pay out the additional charges?? And can I claim the interest they are charging me each day for not paying this overdrafticon immediately??

    I appreciate your help!!

    Claire.


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    Default Re: Claire v Abbey - Help with Allocation Questionnaire please!!!

    Shutterz
    Section G I would include the draft directions if i was you it cant hurt to do so.
    You dont have have to include any documents if you dont want to it's only to give the judge help in deciding which track it should be allocated to ie small claims or fast track. if you feel like adding any documents that you think would help then do so.
    As livelylad says you can amend your claimicon using the approiate form or once this claim is out of the way starting another claim again for what they added on since you started yours.
    PS they did the same to me and if you look at my post it was only after my claim was ended that i found out they had even added charges while the claim was in progress, when i challenged them over it threatening another court action the only reply i got was "that was up to me, goodbye".
    regards pmahonc


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    Default Re: Claire v Abbey - Help with Allocation Questionnaire please!!!

    Thanks Very much for all your help!!!!!! I'll finish filling this in now and get it sent off....

    Thanks again,

    Claire!


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    Default Re: Claire v Abbey - Help with Allocation Questionnaire please!!!

    Have you included the abuse of process order in section G. It's here.

    http://www.consumeractiongroup.co.uk...s-keeping.html

    It's worked for several people who've had the defence struck out.

    Also add in draft order for directions in case the judge won't strike the defence.

    Good luck.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE