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 just spoken to a Mr powell from Abbey and he adamant that I cannot have back my money in bank charges as he states that the ammount is justifiable in the terms and conditions and when I pressed him to send me a letter justifying the banks true costs of what it costs to pay a missed DD or bounced cheque he said I will not get this and went back to the terms and conditions.
They owe me £5k in total.
What can I do?
What is my next step? I have had a gesture of good will payment and escalated the complaint and been denied.
Where can I go from here??
Have you sent a lba? If so you now need to file your N1 form.
Yup i already sent letter stating lBA ages agi giving the bank more than enough chances to settle. But would they heckers
The guy I spoke to tonite is admanant I am not going to get my money back because it was fair and just and true costs of what it costs. So he says according the terms and conditions.
I argued with him and asked for what it costs for the Abbey to deal with missed DD or bounced cheque etc and he kept saying it is what it costs as you have been charged. We was going round in circles. I feel like crying I have been through so much and was hoping to have tht moeny back to pay off my debts one of them is going to put a charge on my home if they dont get it by end of this month :cry:
First of all you now need to file your N1. Abbey are talking their usual nonsense and will start to change their tune once you file at court.
With regards to the creditor threatening you with a charging order, have they got a CCJ, have they got a charging order nisi, have you been making regular payments on this debt, have you sent this creditor a CCA request, if they have a CCJ did you contest it, are there any unlawful charges on the account?
I would also advise (if you haven't done so already) to start a thread in the general debt forum or debt collection forum with regards to the creditor threatening a charging order.
Abbey will do all they can to try and intimidate you so you don't carry on with your claim again reading other's story's you will soon learn there scare tactics.
when I pressed him to send me a letter justifying the banks true costs of what it costs to pay a missed DD or bounced cheque he said I will not get this
This is the whole reason why we are all claiming our charges back is the law of penalty charges permits the recovery only of losses caused by a contractual breach.
It is estimated the banks make profits for these penalties of approx 2000%, evidence from two banks prove the banks cost of handling deliquent accounts are around £2 often less.
This is why they will not disclose their charges, so carry on and get all your money back
Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)
Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying
LBA 22/01/07
14/02/07 N1 filed @ local court
21/02/07 issued claim
23/02/07 deemed served
25/02/07 Abbey acknowledgement defend in full.
19/03/07 defence + 50% GOGW
13/04/07 AQ final day for submission
30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"
01/05/07 Judgement order
First of all you now need to file your N1. Abbey are talking their usual nonsense and will start to change their tune once you file at court.
With regards to the creditor threatening you with a charging order, have they got a CCJ, have they got a charging order nisi, have you been making regular payments on this debt, have you sent this creditor a CCA request, if they have a CCJ did you contest it, are there any unlawful charges on the account?
I would also advise (if you haven't done so already) to start a thread in the general debt forum or debt collection forum with regards to the creditor threatening a charging order.
RORY32 Thanks so much fo ryour advise but truth of the matteris i dont know where to begin anymore.
I thought i knew it all and had it all sussed and the bank over a barrell. What if i pay this and they still dont play ball or pay out then not only am I £5k down but also £250 for taking them to court too.
I fi file my N1 how do I go tabout getting all the paperwork etc. I have been reading on here how to do it all but getting paperwork and making sure everything is correct it frightening. I`m scared out of my wits not mention feeling ill at the thought of it all.
How do I go about doing this N1?
Where do I begin?
Since I`ve started i may as well finish as they think I`m gonna run away!
Ladidi, if you are concerned about paying for court costs and potentially having to turn up in court the alternative is the fos. This service is free to use and to my knowledge has a 100% success rate in reclaiming bank charges.
Ladidi, if you are concerned about paying for court costs and potentially having to turn up in court the alternative is the fos. This service is free to use and to my knowledge has a 100% success rate in reclaiming bank charges.
Do you know what the Abbeys registered address is?
I have decided to go to court.
At end of day they took enough from me. I`m not going to let them take any more.
Take a deep breath - this site is amazing and there are so many people on here that will help you everystep of the way. Abbeys address is
Abbey NATIONAL PLC
ABBEY NATIONAL HOUSE
2 TRITON SQUARE
REGENT'S PLACE
LONDON
NW1 3AN
you are at the same stage as a couple of us. Look at my thread jules1973 v abbey, or kev2b3 v abbey or sutherm v abbey, we are all at the N1 stage and are only a few days apart from each other.
You will get so much moral support here, and dont worry about how many questions you ask (i must drive people mad with the amount I ask).
Good Luck and dont let them fob you off with their standard responses, its your money (if they were that confident they wouldnt give people goodwill gestures). Good luck and dont give up.
cheers for help and support. I have filed the N1 forms and printed off 3 copies and 3 copies of my break down of charges.
What now?
I have bee reading about people adding the "Abuse of process " where do i add this and how? Sound slike a good course of action.
Oh yea and another thing how do I found out which is my local county court? and it the N1 and the print out of the charges all I need? Is there anything else?
Have a read of my topic there is a step by step detail of what I did and when I did it which may help you the link is in my post above, including thh abuse of process details which is done at the aq stage you are a month or so away from this yet so again stop worrying.
How were you going to file your claim? MCOL or N1? N1 you take to your local court and MCOL you do on line it then get's transfered to your local court
Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)
Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying
LBA 22/01/07
14/02/07 N1 filed @ local court
21/02/07 issued claim
23/02/07 deemed served
25/02/07 Abbey acknowledgement defend in full.
19/03/07 defence + 50% GOGW
13/04/07 AQ final day for submission
30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"
01/05/07 Judgement order
Have a read of my topic there is a step by step detail of what I did and when I did it which may help you the link is in my post above, including thh abuse of process details which is done at the AQ stage you are a month or so away from this yet so again stop worrying.
How were you going to file your claim? MCOL or N1? N1 you take to your local court and MCOL you do on line it then get's transfered to your local court
oh and I still dont know which one to send it to? I found sunderland county court. will that do?
I have printed off a copy of the N1 3times and 3 x spread sheets of break down charges and 3 x earliest copies of terms and conditions.. Is there anything else I need?
What do I hand it at County Court tomorrow?
if you are not sure which court covers you then give the one you mentioned a call and ask if they are your local court.
I took my N1 and spread sheet of claims to the court not sure about the t&c's yet I think they go into your bundle, and payment. The court took all copy's sent one back to me one to Abbey and one for their records
Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)
Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying
LBA 22/01/07
14/02/07 N1 filed @ local court
21/02/07 issued claim
23/02/07 deemed served
25/02/07 Abbey acknowledgement defend in full.
19/03/07 defence + 50% GOGW
13/04/07 AQ final day for submission
30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"
01/05/07 Judgement order
Only local county court I could find is Sunderland County Court.
Dunno if that will do.
unless i`ll have to go over the water to gateshead or newcastle. I`ll give them a ring in the morning then they can tell me which one.
once I hand over my claim and spread sheets.
What happens next?
What other information will the court want me to provide?
Gosh so full of questions and I dont even know the ansas, I must be mad, but too crazy to let the Abbbey keep my hard earned money!
Letter Recieved from Abbey - Claim refused
and he adamant that I cannot have back my money in bank charges as he states that the ammount is justifiable in the terms and conditions
payment and escalated the complaint and been denied.
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Originally Posted by rory32
