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 put a claim in with Abbey and am at the stage where they have filled a defence.(CRAP ONE AT THAT).
I am into my overdraft, because of their charges, and unfortunatley I have incurred 2 more charges of £30 each.. With the second one I realised in the morning 14th June) that the cheque was going out of my account so I phoned telephone banking at about 1 p.m. and said that I couldn't get to the bank to pay in the cash till 3.30pm. The man on the phone told me it would be ok so at 3.30 I paid in the cash as I said. I then phoned the bank to confirm that they would pay the check for me.. He said it would be ok. each time I phoned I asked them to log the call so I had proof that I had phoned.. Yesterday 17th June I checked my account online and the cheque has been returned...Very stressed I phoned the bank this morning and told them what had happened and the snooty women on the phone said there was nothing they could do. I said she must be able to see that I phoned twice. But told me there was log of my call and that I should contact complants. am I able to send them an updated list with my claim to include the 2 new charges that I have incurred.
Please help
Teresa xx
Re: how can I claim back more unfair charges after I have submitted MCOL
if it's only two charges it should be okay......but knowing Abbey......it will not!!
the only correct way to alter the amount of your claim is by filing an N244amendment with the court......this would cost you £35-£65 depending on the court.......is it really worth going up that route for two charges....I think probably not!!
Re: how can I claim back more unfair charges after I have submitted MCOL
Thanks for the swift reply......You are probably right about is it worth it. Probably not but the women on the phone was really snotty on the phone.
Thanks any way.
Re: how can I claim back more unfair charges after I have submitted MCOL
Hi Buby
I was in the same situation recently - having additional charges imposed after submitting my claim was really annoying. Anyway, here's my advice, it may not be the correct and proper thing to do but it worked for me.......
I kept a record of all the extra charges imposed (date, amount and what for) then when I got my phone call from Abbey to negotiate settlement I insisted that these additional charges were added to the settlement figure. It wasn't easy to stick to my guns but I knew they would give in and they did and it was worth it for an extra £285.
Dragon
Abbey
S.A.R. - March 06
Settled in full £2300 - May 07
Abbey2
RFP - 13 June 07
N1 Filed- 20 July 07
Stayed - 07 Sep 07
Capital 1
S.A.R. - 25 June 07
Statements recieved - 29 June 07
RFP (with CCI) - 10 July 07
LBA (with CCI) - 30 July 07
N1 Filed (with CCI) - 19 Sep 07
Offer recieved (8% not CCI @ 34.9%) 28 Sep 07
Defence Filed (on basis that claim settled) 02 Oct 07
Cheque recieved and banked 16 Oct 07
Re: how can I claim back more unfair charges after I have submitted MCOL
Same here. We had our claim settled in April, we withdrew the whole amount over the counter. We then left the account alone as we have no access to it, then 2 months later we received a statement saying they were taking £42.00 in interest.
When questioned as to why, if this was owed it wasn't taken in May, we were told that interest is worked 2 months behind!
It was taken out on June 14th, once more putting us into a minus balance, so that day my husband phoned them, and I am not kidding he was on the phone for over 1.5 hours, he was passed to 4 different people. Eventually it was agreed that the interest would be put back into the account and the account would be back to zero. They also agreed to clear any pending charges that had been incurred by the interest putting us overdrawn but we'll wait and see next month.
Need to defend against abbey. Where can I get t & c's
I am at the stage now where I will have to defend against Abbey as they have only agreed to pay 65% of my claim...I've noticed that through reading many posts it is very important to get the term's and conditions. I'll need them when I defend. Why are they so important and do I need them for when I opened the account as it could have been back in 1995 or before
Thanks great site
Teresa xx
Re: how can I claim back more unfair charges after I have submitted MCOL
I have to do a spread sheet to update the interest. The first one I did was from the 2 this is money2 website as I hadn't found this site... can any one tell me how to use the spreadsheets on here. I've tried to click on them. Firstly there is loads of different ones. Which one would applyt to me and also when I pick one at random my computer can't open it.
Please help
its this thread and the one before
Teresa x
Abbey credit card paid GOGW. I filed MCOL that afternoon not knowing
I have sent all the relavant letters to Abbey credit card and I gave them enough time to refund all my charges. I went to work this morning and because I hadn't heard anything,,, well the usual rubbish, I filed my MCOL. When I got home I recived a letter again with the usual rubbish offering a gesture of goodwill.... £610... My claim without interest is £1363. I will write and say this is only a down payment and that I will be going after the rest. Do I change the amount with MCOL ?
Also, in the letter they refer to the terms and conditions of the account, Of which, I don't have. Can I request a copy of them from abbey insisting that if they rely on them in court I have to have them too.
Please advise
Teresa xx
Re: Abbey credit card paid GOGW. I filed MCOL that afternoon not knowing
Thank you so much for the prompt reply.....Fantastic....
How spookey though.... I have a cousin with the same name although his is without the E..
Thanks again will keep posting.
You may have seen me before as I have 5 claims still going on now. One had been settled with Lloyds After the Lloyds case I thought that would be the hardest, But I was so wrong they were the easiest.
Thanks Teresa xx
I have this morning received a letter from Northampton to tell me that my claim is going via my local court.....It says that they are dispensing with the allocation questionaire.I'm now confused as I have already prepared what needed to put on this...Do I now try and contact Abbey to try and settle or do I just ring the court monday and see if i still have to pay the fee and then wait for the court date...Please help.
Thank you to all
Teresa x
Re: Dispensed acllocation questionaire.. what now????
The basis of the shabby defence states that they will refer to the terms and conditions... It says...
at all times the account has been suject to the applicable T 7C's which form part of the contract between the claimant and the defendant and to which the claimant agreed when the claimant opened the account. The defendant will refer at trial to the full conditions but for the purpose of this defence will refer to the following extracts.
It then goes on to list some things....
My question are.
I do not have the relevant terms and conditions for this account. Do I contact shabbey and ask them to send me a copy of they wish to rely on it in court...If they do not send them it will certainly look bad on there part.
I have to prepare my court bundle which is no problem as I have read many threads now... What I am worried about is if I have to go to court what Is my opening statement going to be. I understand that the shabby defence says that under there T&C's they are able to charge me fees and do not admit they are penaly charges. It also states that I am in breach of contract. I understand that they must charge something but it must not make a profit from the charges and must only cover that amount the bank has lost.
Please advise
Teresa x
exactly, the Abbey defence states that you have breached the contract and consequently they have charged you liquidated damages. These damages are only allowed to be for legitimate losses incurred therefore it is up to them to prove they are legitmate and a true reflection of their costs the terms and conditions are irrelevent in abbeys case. We all know £30 is not a true relection of the costs so that is the very reason we are all able to make our claims.
Abbey £4340.59 *WON* Jan 07
Abbey II MCOL 31/03/07 £8800.00
Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE
I have not received a court date but my case has been referred and went for allocation this morning.. I am preparing my court bunble now as I have got a lot of work on in the next 2 weeks and may not be able to spend as much time on it as I'd like too so thought I would start now... I have looked at the template for the Basic court bundle. i have printed it all off three times and also the bits where it says print from web site. Do I need to add anything else as this is getting very scary now. Please advise
Teresa xx
i'm beginning to get a complex.... I see everyone else has a thread in full swing but i'm being ignored......poor ickle me............ please advise.
Teresa xx
i know your all very busy....I'm just impatient. xx
I wouldnt worry at all, if you haven't got a court date your a long long way off court bundles yet. Depending on how busy your court is it could be a good coupl eof months yet before you get anywhere near. Just have some patience sit back and wait for the courts instructions, you may even be able to apply to have abbeys defence struck out depending on what the court decides.
Abbey £4340.59 *WON* Jan 07
Abbey II MCOL 31/03/07 £8800.00
Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE
Could someone please help me. I am using vampiress' google spreadsheets. When I print them off I do not get the full page. Can someone please tell me how to reduce the spreadsheet so it fits onto an A4 sheet. i have pm'd vampiress but I know she is busy and has not replied...Please someone as I am needing to copy them and send them to Abbey and Barclays AGAIN....
Thanks Teresa xx
Buby_x v Abbey
and am at the stage where they have filled a defence.(CRAP ONE AT THAT).
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Husbands Account.
Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!
