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    • see post #425 above: I borrowed £s from a completely separate entity 6y ago. It was personal and unsecured. I was going to repay upon sale of the property. But then repo and I couldn't.  Eventually they applied and got a charging order on the property.  Their lawyers wrote that if I didn't repay they may apply for an order for sale ...   could I alternatively ask this separate entity with a c.o to carry out their threat and actually make an application to court for an order for sale v the receiver instead?  
    • Hi, no problem at all. It's a Vauxhall Grandland X and I can confirm that the service history is not stored in the vehicles computers or online. The vehicle is financed through Black Horse on a PCP. Thanks, Steve
    • Thank you so much for all the information you all have provided! I really appreciate it.  dx I will definitely speak to the TFL prosecutor before the hearing if I can find them to beg for an OCC.    Just to update. At the start of this journey I reached out to many organisations and advice centres but no one responded. However, a few days ago I received an email back from We Are Advocate, that a barrister has volunteered to help me with my case. He said it is his job to get the best possible outcome for me. He suggested I get some character references, which I have done and will be receiving over the course of the next few days.  He also told me: Unfortunately, you WILL be left with a criminal record if you are convicted! You do not stand convicted of the offence  YET. You can only be convicted if a) you plead guilty AT COURT or b) you are FOUND guilty after a trial in open court. So that answers one of our questions.    I have asked him lots of other questions and I'm just waiting for him to reply.  So glad I will not be facing the court alone.    TD
    • Thanks guys - I've written to P2G as attached, included a copy of my letter to them from yesterday, and have also emailed them copies of both. 18Apr24 Updated Letter of Claim against Parcel2Go.pdf
    • Other entity? Does another creditor have security on the property?
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itsamomentintime v Abbey ** WON **


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peeps

i am at the stage where i am waiting for Abbey to acknowledge my claim against them via the moneyclaim website

 

BUT

 

the copies of the 2 letters i have sent them already (inc letter before action) have been accidentally binned :-x

 

 

is this significant......?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Binned at your end (i.e. they haven't seen them)?

BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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no - but abbey will have the originals no?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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at some point, dont they have to share with me what their defence is (i think this is called a 'bundle')? will this include the letters that i have sent them?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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peeps

i am at the stage where i am waiting for Abbey to acknowledge my claim against them via the moneyclaim website

 

BUT

 

the copies of the 2 letters i have sent them already (inc letter before action) have been accidentally binned :-x

 

 

is this significant......?

 

 

Not really. Send another one....

 

Dear Abbey,

 

I refer to my two previous letters regarding my claim and I look forward to receiving your acknowledgement within 10 days please.

 

Yours, you (and remember this time to keep a copy :))

Lloyds TSB - £3,300.00 + £250.00 from FOS.

***FULL SETTLEMENT RECEIVED***

 

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after the SAR letter to Abbey asking for statements from Sept 2000 to Aug 2006, i have recieved statements to Aug 2005. i have waited a month extra but nothing else is forthcoming, what can i do?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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peeps

i am at the stage where i am waiting for Abbey to acknowledge my claim against them via the moneyclaim website

 

BUT

 

the copies of the 2 letters i have sent them already (inc letter before action) have been accidentally binned :-x

 

 

is this significant......?

 

To clarify. You sent the letters - they then binned them? Or, you never sent the letters and have binnied them your self?

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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If you wrote these letters on your computer and accidently deleted them and you haven't emptied the recycle bin you should still be able to recover them. Failing which there is software available that can recover them from your hard drive.

 

It's not really a big deal to recreate them or even get a copy from the bank but obviously you would prefer the originals.

 

PM me if you want to and I can help you recover them.

Alliance & leicester:Settled 8/9/06 http://www.consumeractiongroup.co.uk/forum/alliance-leicester-successes/19700-tamadus-l.html?highlight=tamadus

Capital One:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/capital-one/16644-tamadus-capital-one.html?highlight=tamadus

MBNA 2 accounts:Settled 22/9/06 http://www.consumeractiongroup.co.uk/forum/other-institutions-successes/13831-tamadus-mbna-i.html?highlight=tamadus

Smile:Settled 15/11/06

Egg Card:S.A.R - (Subject Access Request) sent 2/10/06

GE Money:S.A.R - (Subject Access Request) sent3/8/06 LBA sent 26/9/06

Abbey:ERC prelim sent 14/9/06. LBA sent 2/10/06. Now it's getting interesting so keep watching

Barclaycard:In criminal default watch this space

Lloyds TSB:In criminal default watch this space

 

If my comments have been useful please click the scales and let me know.

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eh up, just found one of the letters on my pc at work - thanks for the offers of help everyone

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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currently suing abbey via MCOL, at the 'acknowledged' stage.

 

recieved a delightful letter explaining that they are going to deduct £470 from my account due to unpaid dd, etc on 10/12/06.

 

i have sent the following email to them:

 

re: account number

 

dear sir/madam

i am writing to you to express my disgust at your banks desire to continue to levy illegal bank charges against my abovementioned account. i read with dismay on my latest statement that you are planning to withdraw £470 from my account on 10/12/06 - two weeks before Christmas. As you are aware, I am suing your organisation in the County Court as I want a refund on all illegal charges relating to my account, for the last 6 years and this claim was acknowledged to the Court by Abbey on 24/11/06, meaning that the illegal charges are 'in dispute'. For you to add further charges whilst my account is 'in dispute' is frankly unbelieveable and unlawful in England and Wales, under the Unfair Terms Act.

I will be making a complaint to the OFT and FSO regarding your illegal practices, and will be taking further legal action if you do indeed withdraw the aforementioned £470.

 

regards

 

 

if they take the £470, i will sue them again, but can i prevent them from taking it in the first place?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Hi. I'm in the same boat as you. I filed MCOL on Nov 8th, Abbey actually acknowledged it yesterday. But on 14th Nov they took £297 in charges from us, and there will be at least another £120 for them to take this month.

I haven't had any luck in writing letters or speaking to them on the phone - in fact they actually transferred my account to Debt Management - even though I have been told it is the in-house debt team and not a collections agency.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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The only way you could do it is to get an injunction but that will cost money.

 

P.

Northern Rock; S.A.R sent 11/8/06 - Delivered. Recieved details of 6 yrs charges on 8th. Wrote back asking whether or not they hold information going back further than that.

MBNA; S.A.R sent 11/8/06 - Delivered 14/8/06

Barclays; S.A.R - (Subject Access Request) request sent 11/8/06 - Del 14/8/06

Diners Club; S.A.R sent 11/8/06 - Delivered 14/8/06. Recieved form to fill and return with fee on 17/8/06. Sent form back, delivered 4/9/06.

Intelligent Finance; Prelim letter emailed 16/08/06, claiming £318. Email recieved from "Anne-Marie" 17/8/06 saying my email has been passed to Customer Relations dept. Fob-off letter received 23/8/06, letter sent in return same day - Delivered 24/8/6 Recieved letter offer 25% settelement - refused - LBA sent. MCOL on 10th revcieved notification that they intend to defend on 13th. 06/9/2006 WON!!!!!!

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Guest Mumofthreeboys

The charges aren't illegal, they are unlawful. I'm not sure that it is unlawful to add charges whilst the account is in dispute either.

 

This just goes to prove that the charges are automated. I agree it's a pain in the rear just before Christmas, but you're dealing with a bank here - they don't care.

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i have a contact in the director office - will give them a call and post back

 

but is it LEGAL to add charges to an account 'in dispute'?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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do the mods know if the practice i mentioned earlier is LAWFUL?

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Hi. I'm in the same boat as you. I filed MCOL on Nov 8th, Abbey actually acknowledged it yesterday. But on 14th Nov they took £297 in charges from us, and there will be at least another £120 for them to take this month.

I haven't had any luck in writing letters or speaking to them on the phone - in fact they actually transferred my account to Debt Management - even though I have been told it is the in-house debt team and not a collections agency.

 

 

Kerrie my query is a bit different than yours, mine being that the charges are due to come out AFTER the bank have acknowledged my claim

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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Fron what I have read whether it is lawful or not they will still do it. I have seen loads of threads started by people who are on their second or third claim with the same bank due to charges being added whilst they were in the process of claiming.

Last christmas Abbey took £390 on December 15th. It was my little boys 5th birthday aswell, it took all of my husbands Christmas bonus and we could have bought loads of extra pressies with that.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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Post #7 - Abbey are taking £120 off me on December 14th. They too have acknowledged my claim so my account is also in dispute.

Settled at 50%

Clydesdale £155. Should have been £310 charges, plus interest :( Husbands Account.

 

 

SETTLED IN FULL:

MBNA £1230. For Hubby.

Halifax £39.

RBS £342. For Hubby.

Cap One £200.

Abbey:

:D Settled in FULL April 18th 2007. £5179.83 Paid but what a long battle!

:D

COMPENSATION OF £100 ON 14/04/08 FOR CONTINUED HARASSEMENT.

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kerrie your claim must be huge

post office WON 12/11/06

 

abbey.LBA sent 30/10/06.MCOL claim submitted 8/11/06.allocation questionnaire sent 16/12/06.schedule of charges sent 16/12/06.WON

 

2nd abbey claim SAR sent 3/1/07.WON.complaint letter sent 18/1/08

 

alliance and Leicester.WON

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