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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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40bear v Abbey ** SETTLED IN FULL **


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Hi, I have just read an article in local paper about guy getting charges back from Nationwide which spurred me to join this site. Fortunately, I am a sado who has ALL my statements dating back to 2002 and from that I have calculated charges totalling £875.20. I have sent my first letter to Abbey requesting repayment of charges from 2002 using the template in library. I will wait patiently for 14 days....wot do you think my chances are?

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Please can you post to this thread - I have moved your post as you had posted within another users thread. It makes it a great deal easier if cases are kept apart.

 

All the best with your claim - you seem to know what you are doing. Keep us posted of progress.

 

 

 

 

 

 

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  • 2 weeks later...
:D :D An update. LBA (2nd letter) being sent tomorrow as only received standard letter from Mr Turbitt. Provisionally calculated £1396 owed from 2001 to date. Getting quite excited now!:p
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keep us posted :D

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Update - received 3 copies of same shabbey letter from Marc Winder - Milton Keynes!!! Received letter from Lesley Budge - Milton Keynes usual fob off if I wasn't happy with terms should have said so etc etc. Interesting that she points out the OFT reported unfair charges are in relation to credit card defaults and NOT overdraft!! Basically,Lesley Budge aint budging ha, had. LBA was sent to Anthony Turbitt - Bradford on 3/6/06 have til 17th then will be looking for help processing my claim. I won't respond to their letters and will stick to my timetable.:rolleyes:

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Right I am preparing my moneyclaim as today is the 14th day after LBA and usual flow of standard letters from Abbey. Just a few questions (and yes, I have studied the FAQ & forum!!)

I am coping the template claim (from experience will this fit into the box online?)

My husband & I are both defendants so is this still an individual claim?

The total cost of charges applied. Is this the total of penalty charges and general interest on account? i.e. add both excel total columns?

Sorry - like everyone else want to get it right!

Thanks v much (your share of my refund is on it'sway!!!);)

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Processed Claim No 6BE01522 at Bedford County Court served on 22/6/06 to Abbey for £1470.08 includes £120 court fee. Have just received statement with another £265 of penalty charges which I will be adding to this claim. Successfully opened a Barclays account and transferring all business over.

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  • 2 weeks later...

Received acknowledgement of claim from Piper Rudnick Gray Cary....usual blurb. Para 2 .."you have claimed the sum of.....,but provided not details as to how this sum has been calculated. You have also claimed a further.....by way of interest..." Para 3 "...you will need to produce evidence to the court of both amounts and this information should have been supplied by you when you filed your claim. We should be grateful if you would provide such details to us...."

???? Do I send them a copy of my Excel spreadsheet of charges.

???? Should I have submitted the spreadsheet with my claim. Thanks for your help.:confused:

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Thanks for quick response. Can I also inform DLA & court of the additional £295 of charges which came after I submitted my claim? I have included this amount recently on my spreadsheet but details came after my calculation to Abbey via Court. A moderator did suggest that I ask for this additional amount to be considered should I receive an offer.

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Hi, received an acknowledgement from Abbey confirming they are defending claim. Also, posted off my breakdown of charges to their solicitors. Have closed Abbey account and they are requesting full payment of outstanding charges of £1600. Can I withold payment pending outcome of claim? We don't have the money to pay them anyway so can installments be negotiated?

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Thanks for that, had already decided NOT to pay up!! as have read through your blog and others in similar position. Have you seen article in Daily Mail today p45 'Bank charge refunds are put on ice by the courts'. Looks like any new claims could be squashed......get in there quick is my advice to others!!!:)

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:D Received 50% offer from DLA. My claim was £1470.08 in total. They have offered £629.94, plus interest £45.10, Court Fees £120 and quoted their final offer as £1424.00. HOWEVER!!!!! IS THIS A MISTAKE????? Although there are £295 additional charges since I filed my claim that I was going to ask for. If they have added up their 50% offer incorrectly are they still legally bound to give me the amount stated in their letter. Also in their defence No.7 they state "The claimant has failed to provide particulars of the dates and amounts debited to the account...." I did sent the spreadsheet to DLA and the Court so that's a load of B******. Appreciate your help.;)
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DLA have clearly recognised their offer was incorrectly calculated and are prepapred to offer the usual 50% of my claim. Emailing back to them to sau 100% or c u in court!:lol:

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No haven't sent AQ back - should I have done???? Will check through what next stage is......possibly they will offer me the full amount having read through the FAQs.....:smile:

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  • 2 weeks later...
  • 1 month later...
  • 1 month later...

Receiving correspondence from Allen Betts now stating their Abbey intend to register default information. I telephoned Debt Management to confirm we had written back twice and surprise they say they have no record of our correspondence (one of which was an email!!!) They also were totally unaware of the outstanding claim against them. Any advice???? :?

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Thanks, already told them and the "not very helpful Abbey person":D didn't seem to care! More interested in telling me that "I need to make arrangements to pay off the outstanding overdraft" - I don't think so!!!!!

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Ho,, ho it's off to court we go. Got a date for 15/11/06 at Bedford County Court at 2pm (anyone free to support????) Also attached was a letter stating briefly "that the court has identified a number of cases and considering allocation to track...will be listing cases involving the same lending institution at the same time so one rep can attend"!!!! Interesting.....also.... separate letter saying having have changed solicitor and Abbey will be acting in person.....anyone else know about this.....time to prepare case. Any guidance on my blurb to ensure a WIN!!:grin:

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"District Judge Wilding has decided that a hearing is necessary before a final decision of allocation can be made.....court needs to identify whether case is suitable for fast track" Notice of Allocation or Listing Hearing so not sure what is expected!!

2pm on 15th November

at Bedford County Court,29 Goldington Road, Bedford MK40 3NN

close to Bedford Blues Rugby Club

very easy to find and a car park opposite!!!

ALL WELCOME to Durcan vs Abbey

:lol: :lol: :lol:

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