Man im rubbish trying to explain... Ok i claimed for my charges back just before the stays came into effect. Abbey failed to respond to a request so i asked for judgement to be passed and the court did so in my favour as Abbey failed to reply to my request within 14days. So they didnt get chance to defend as they did reply in time. I won the case and got all charges plus interest. I hope this explains things clearer...

I will try to post the correspondance from abbey later today. I was the claimant in the last case. They failed to respond to the CPR part 18 request hence the court struck the claim out meaning i won. Surely they cant now come back AND SAY THE CLAIM IS STAYED, WHEN ITS ACTUALLY CLOSED and has been for a while? Im guessing they can though right... lol

Hi everyone and Happy New Year. I received an unwanted christmas letter from Santander on the 24th... Looks a little system issued but hey. It is basically saying that my case was stayed even though IT WAS STRUCK OUT IN MY FAVOUR BACK IN 2008-9. The cheque was sent out etc etc. What does this mean to me?? Surely they cant now claim the money back one year after can they... Is this there mix up???? and is there anything i can do??? Personally i think they are taking the 'christmas cake' They failed to submit any defence the 1st time around surely that is that? Shall i just ignore this letter? I have not received any letter from the court it is just from SCABBY. Surely the court will dismiss the unless claim as the case has been closed, struck out and settled financially. Help me please

Yep checked my credit file and santander is no longer on it... my accounts total is also one less then it was.... VICTORYYYYYYY Thank you everyone for your help... Now its time to get Egg... lol

Hurrrrrrrrrrrrrrrrrrrrrayyyyy everything has been sorted... Abbey are out of my life and off my credit file...

I sent an email to Abbeys sols on the 5th Jan... I have sent a follow up email today: Bla bla bla Have you had any response from your client yet? I'm getting distressed now as this is hindering a financial process that I am in the middle of and could become void if this is not removed very soon. I must say I'm very frustrated because we agreed on a deal and although it is not your fault, it has once again shown me that Abbey have no honour. This also makes me think that I have made a mistake in trying to reason with them as they are once again taking advantage of goodwill. Regards

Happy New Year everyone... Good news... Abbey agreed to refund my court costs and remove the default... this was all supposed to be 28 days after the 9th Dec... (or the day that i agreed this with them i.e I signed for it i.e 28th Nov...??) Any how they have sent my cheque which im happy with and that was within the 28 days... However they have failed to remove the default and it is now over 28 days... I have chased up their rep and he is going to get back to me... BUT IS THERE ANYTHING I CAN DO TO GET IT REMOVED NOW... They are taking the 'you know what' a little bit... Can anyone help...???

right based on all the drama today im going to attempt to settle this and simply get my court costs and removal of the default... no point taking it further... I just want my credit back... ill keep you all updated...

Yes this is my list to disclose. This request would be a CPR 18 request??? or just a written request for it... ????

Thanks for that... I have filled out my list of documents. not very long but i sent off a CPR 18 request for a copy of telephone calls between myself and there customer ervice between a specific date and they have not supplied this... Can i still request it and put it in this list of documents... ???? I feel if i can get these recordings i will have a much stronger case. My list of docs 1. Claimants SAR. 2. Email from Equifax confirming the date of changes to credit file 08/02/2008. 3. Communication between the claimant and defendant between March 08 and September 08 4. Items served via the court, defendant and claimant. 5. Email from Abbey National requesting for claimant to call customer service to confirm account status, 23rd November 2007. 6. Defendant letter to confirm account sold on to a 3rd party. 7. Response to Claimants CPR 18 request, following request for telephone recordings. 8. Copy of the banking code.

Can anyone help with this... Im guessing al i need to do is go through my paperwork and select what i will be using to support my claim.

LOL finally got around to checkig my SAR and there are no termination notices sent. Not even a mention of it being sent on there little computer screen shots...

Can anyone help me please im stuck on the list of documents: Standard Disclosure... Abbey sent theres over here today. They also sent letter about settling. offer.doc Disclosure.doc

I have an SAR from claiming back the PPI and charges... so ill have a look in there to see when the default notice was sent etc etc... however i dont remember seeing one in there...

Yes indeed bump... Hmmmmmm im still researching to see if there is anything thing that can be done...

Hey guys... Just thought i would add this little calculation if anyone knows of someone with the same problem as me... One of the calculations i used was this... Most banks offer 6% per year interest on current accounts i can only get a basic account with no interest. (Abbey do 6% on current accounts)... so what i have done to get part of credit loss per day value is this... First you need to Work out what your yearly wage is less tax and NI * 0.06 (6%) and divided it by 365... that will give you the loss value per day... hope this makes sense and helps someone else out... Especially if its abbey... e.g yearly amount is £25000. £25000*0.06 = £1500 £1500 / 365 = a loss of £4.10 per day... Im awaiting a response from them regardng my offer of settlement o let see what happens ill keep you all updated...

Egg defaulted me on my loan and credit card since then i have had the charges and PPI refunded but the defaults still remain on my credit file... Can i get these removed...??? Surely the PPI is classed as a breach of contract from the start if it was missold?? Which in some respects would make the contract signed void???

Ok im sending this emai maybe tomorrow morning depending if there are comments on my thread that make me change my mind. "I'm glad we had this conversation, maybe it would be worth getting a copy of the telephone conversation between myself and the two other members of staff back in Oct / Nov 2007. In my opinion I would be looking to settle at no less then £6000 this includes cost and what they have already offered. You will find this is less than half of the £15354.38 which is the actual amount to date. I just want this sorted one way or the other now, as I'm sure they do as well. If they would like a breakdown of the £6000 I would happily do this. But as I said to you earlier it was nothing to do with the money it was to do with the principles that they are supposed to follow. I feel this figure is more than reasonable." What do you think people ???

Yep half of the debt... I just want this sorted now so im going to give them a figure which i half of the claim and see what they come back with... Im not a greedy person i just want them out of my life... p.s your last line sounds like a game-show line put a smile on my face... thanks...

Yes, but then what about my loss i.e costs nothing was spoken about that... but yes that would be nice... OHHHHHHHHH hold on I missed out that they wanted me to pay half and they pay the other half...

Ok just had the call. They have made an offer of buyer the account back from robinsons way clearing the debt and deleting the entry on my credit file. They have also said they do not believe that one default notice on my credit file would amount to a loss of £10.75 per day and if i can produce some sort of proof to show how i got to this figure. There sol went on to say that they are happy to take it to court as they dont believe they breached the data protection act. I told him they did when they messed with my credit file and gave me presumably false information over the telephone. They say that the account was never in dispute and that it is hard to determine when an account is in dispute. BALLS... Anyway at the end of the convo the Sol asked what would i accept as a settlement offer just to give to them so they can see what theya re playing with... Ive said i will get back to him. Sounds like they want to go all the way to me... long long long...

Today is the day... 5.30 lets see what happens; everyone please cross your fingers that this gets sorted today...

Actually my last post looks a bit mis-leading because i put a value on the bottom lne not the sols... but im hoping this can get sorted out nice and quickly... MARTIN3030 when you say cost i presume you are talking about the costs that i have incurred... i.e for oders to be sent blah blah blah...

Right had a call today and next week sometime we will be trying to hopefully resolve this matter without going through the court... Bit worried though... but ill let them do all the talking and tell them what i want when the time is right... Has anyone else had any experience like this before?? If so please advise... lol Roll on next week...

My My My... strange you should say that... Just got another email from the person who is taking over the case and this is what has been said. I write further to the directions of District judge( blahblah blah ) of 15th sept. You will be aware that the second paragraph of those directions require the parties to consider whether this claim is capable of resolution by Alternative Dispute Resoluton by huesday 6th October. It appears from the allocation questionnaire that the court envisages the the national Mediation Helpline would be an appropriate method of alternative Dispute Resolution. The national Mediation Helpline website states that, for a claim of this value, a fee of £300 plus VAT is payable by each party for a session up to 3 hours, with an additional fee of £85 plus VAT for each additional hour. You may wish to review the website and consider whether you beleive this service would be appropriate to the prceedings. However in order for both parties to avoid these costs, our client would be willing to consider a without prejydice telephone call between yourself and ourselves as an alternative. We would be grateful for an indication of your views in relation to the above or would welcome suggestions as to any form of alternative resolution. Please do not hesitate to contact (blah blah blah) of our offices at the contact details above should you wish to discuss this issue... Currently the amount of days stands at 868 * 10.75 = £9331 less interest... any suggestions for a settlement if discussed.