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jimbobaggies

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Everything posted by jimbobaggies

  1. This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. Is there anywhere I can download all the forms / information to use in my local county court?
  3. Hi, the POC was the post I was referring to in my original message.... is there not an abbreviated version I could use for MCOL? I understand what you are saying about the MCOL being automatically stayed, but wont that just be the case for my claim in any county court as well? I used MCOL for my claim against the Abbey last year, and this is what I put (obviously it had some stuff missing due to the limit on the amount of words / characters); Their solicitor contacted me for the other information involved in the claim, although they had already had it in my preliminary approach and LBA, then settled out of court.
  4. Hi all. I have sent my preliminary approach and letter before action, had the usual standard letters from A & L about the test case etc, so am now ready to file a claim. Can somebody tell me why I should be using my local county court, and not MCOL? As I read the post stating you should, and with the template to use, but giving no reason why you should.... Thanks in advance.
  5. To be honest, I dont know what position you are in, but I have been out of work since 5 June, although had a few promising interviews in the last week (touch wood), and so money is tight (two kids mortgage etc), I cant really afford the £100 atm for the allocation questionaire! They have replied by email accepting the 75%, sorry to have let you down Karnevil... and yes, when I make my next claim, if they offer 75% I will accept it!
  6. Hi Karnevil and MARTIN3030. No doubt they will not come back and offer the 75%, and it will go to court, however, if they did, the amount would clear my overdrawn Abbey account, plus give me the equivelant to nearly a months wages left over. I have been out of work since 5th June (although paid til the end of that month), and really need some dosh at the moment. Had two interviews last week that seemed to go really well, but even if I do get a job, it leaves me with one month unpaid! Then I could start my second claim for the other £***.** they owe me...
  7. Right, I've had the letter from DLA today offering 50% settlement! Now this includes interest and court costs, but after paying off the amount my account is overdrawn would only leave me with a couple hundred quid! Anyways, included was there defence; I take it the advice is to hold tight, wait for the allocation questionaire etc.... EDIT: I am going to email them asking for 75% + interest + costs to try and get things over and done with quicker.
  8. I had all my statements for the last 3 years so I didn't need to get them. I thought it was 14 days, but...
  9. OK, had a letter from DLA PIPER RUDNICK GRAY CARY UK LLP I have emailed them back as follows; So now I can send them my account number, a list of charges & interest I am claiming with dates, and how the interest is being calculated! I noticed it says "a defence will be filed in due course.", does this mean that they are likely to go to court and make no offers?
  10. I have gone to money claim online and entered my case, and realised, in the fight to get the summary down to 1080 characters or 24 lines, my account number is not in the claim! OMG, what a noob I am, is this going to matter, or do I need to contact the court to correct it, or will they contact me and say anything?
  11. Which is? Sorry if I'm being dumb! PS. Forgot to mention. Lost my job at the beginning of this month, so could really do with this running very smoothly (with least cost incurred to myself as possible)! Hopefully I can get a job in the next few weeks... how long do these claims usually take after being filed, in experience of people who have won against the Abbey?
  12. Right, Abbey have made no further contact, apart from to tell me they are removing all facilities on my bank account, which is a tad over £2000 overdrawn. Luckily I opened a new bank account last month. I am going to start a county court claim tomorrow. Should I reply to any of their letters with regards to my bank account, i.e. telling them that I have started proceedings, and so they should stop making charges etc? Here is my claim I am going to file (online), comments before I proceed please... Should I use the same address for Abbey that I have been using all along? Links to any other relevent information please....
  13. Have had a reply to my letter before action. It was addressed to me and my wife, but started "Dear Miss Wood", which is neither of us! Is this anything to worry about? I have read with interest about keeping the claim below £5000, I will file one claim for less that £5000, and follow it through to completion before claiming the rest back... will I then need to send more letters to Abbey, or just make consecutive claims? PS Anybody that has already been through, or has experience of, making a claim against a bank in the court (and won preferably), would you be able to forward any relevent information I will need... it is getting to almost within a week of filing!
  14. Letter was delivered today... so it took them 4 working days to deliver first class! So I now have 14 days to prepare before having to enter a claim at the online court, and am slightly apprehensive... need answers to some of my previous questions still, and any advice.
  15. I sent my letter before action on Friday by "recorded signed for" first class, and it still not showing as signed for today (Wednesday). Phoned the number on my receipt, and they couldn't tell me anything other than it has not been delievered. So I take it I need to send it again now to be sure. btw, this is the address I used (unless any better suggestions); The Manager Customer Services Banking Abbey PO Box 297 Bradford BD1 1B Also, if anyone feels like glancing through this thread and giving me any advice, answering unanswered questions etc...
  16. Abbey have only responded to my preliminary approach for repayment with the following; So today I am sending the Letter Before Action. However, I have received a letter from Abbey with regards to my account, and they said they are going to cancel direct debits, and want cards / cheque's back, which doesn't matter as we have opened an account else where, and already transfered direct debits etc... but they also say the following; I have drafted a letter in reply, and would like some thoughts on this; Please find enclosed cheque guarantee / visa debit cards, and unused cheques. I have tried to enter into meaningful discussions on a number of occasions, by phone, letter, and email with regards to charges you have made against this account, which with interest amount to almost three times the current sum overdrawn. As stated before, the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs! Further, an offer has been made to make monthly repayments to recover this overdrawn amount, which you have declined, but as you must understand, we are in no position to repay this amount in full, and in fact, the reason the account is overdrawn to such an extent is through charges continually made against the account by Abbey. As a gesture of goodwill, we will make an initial transfer to the sum £100, which I will continue to do on a monthly basis until the overdrawn amount is repaid. However, as I am currently still in dispute with regards to the charges Abbey are making against this account, I would suggest that no further action, or charges, are taken until this action is settled.
  17. I'm still worried about this; "don’t claim for more than £5000 - that way it would be heard in the Small Claim Track, where no-one is eligible for the legal costs of the other." On here; http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632#step
  18. Another quick question, the section in the letter about "default notice against my credit record". How do I know if they have done that? Or should I just leave that out!
  19. Earlier this month Abbey wrote to me, in that letter the tried to explain why I had received charges at certain times and offered to overturn the charges on my account this month (although they are still removing my overdraft), so I then sent them the preliminary approach for repayment, and they have sent a letter with this response; So, do I still just send the letter before action at the end of the 14 days, or do I need to go to these ombudsmen? I also notice that this letter came from "Abbey complaints" department, who I contacted before coming across this website, and not the "Customer Services Banking" department where I sent the preliminary approach!
  20. I sent my letter by recorded post, which was delivered on the 18/05/06, the address I used was; The Manager Customer Services Banking Abbey PO Box 297 Bradford BD1 1B To date I have not had a reply, not even the standard one, is this usual?
  21. That is for the Abbey right? Wouldn't I be better off putting; The Manager Customer Services Banking Abbey PO Box 297 Bradford BD1 1BR
  22. Yet another question, is this the correct address; Complaints Abbey PO Box 5129 Milton Keynes MK9 2YN
  23. Another question.... they are saying they will take my overdraft facility (£1550) away on the 1st June, and this is quite a sum of money. Am I right in thinking if I start proceedings by sending the preliminary approach for repayment letter, then I can say to them the monies owed them are in dispute, and it clearly states that you will not be persued for monies that are in dispute, thus preventing them from taking away the overdraft?
  24. I would just like to confirm that the course of action I am taking is correct before proceeding; Have had charges that made me go over agreed overdraft limit, following month they take more charges, leaving me not enough money to pay all bills, this snowballs so I am getting more and more in debt. This is not the first time, and in the past (before knowing about this website) I have taken out loans, but now I am in a position where I cannot do this, and am getting more and more behind with payments to companies. To cap this all, Abbey say they are going to remove my overdraft on the 1st June due to continually exceeding the limit, something that will put me even further into debt, and only came about because of the amounts of charges being taken. Like I say, before finding out about this website recently I sent a letter to Abbey complaints, stating the implications of them removing the overdraft facility, and also stating their charges were "a disproportionately high sum in compensation to cover these costs"! I asking for refund / compensation for charges, and have asked to be allowed to reduced the overdraft at between £50 - 100 / month, but they have declined both stating that the charges were "valid and inline with our terms and conditions" and that they will not offer me any alternative to repaying the overdraft, and it will be removed on the 1st June. So now I want to do things in the correct manor to try and claim back the charges from as far back as possible... Letter - Preliminary approach for repayment. (wait 14 days) Letter before action. (wait 14 days) Start claim through money claim online. Is this the correct order to go about things? What is the maximum I can claim using money claim online without being liable to pay costs if losing? What can I claim for? Charges for clearing debits when overdrawn? charges for bouncing direct debits? charges for clearing visa payments when overdrawn? charges for clearing cheque's when overdrawn? I have taken the action of opening a new bank account, and will be switching my pay and direct debits over to that before the end of this month hopefully... Thanks in advance, James.
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