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Everything posted by m.bentley

  1. hi all and hi nightmare4banks just like to let you no how we got on with this case. It eventually went to court on the second attempt, and the judge found in our favour but for £100. So we got all the back rent,bond court costs and interest awarded. It eventually all came down to one piece of vital evidence the inventory sheet. One more win for the little people. So thankyou all who contributed any advice and a big thanks to Nightmare4banks.
  2. just a quick note to thank all who offered advice on this matter. Managed to get the insurance company to go 50/50 with the premium stating they are to blame as much as us.thankyou
  3. thanks for your help Rob S and shudder. In answer to your questions my partner has two convictions, and both our cars are insured with different insurance companies.
  4. ok thanks for that shudder I will write to the brokers and see what response I get from them with the 50/50 offer.
  5. Ok just received a lengthy reply from my insurance broker. They have broken down the extra premium req by going back three years and stating what the premium would have been if I had disclosed my convictions.They state that the high increase in premium each year is because that each renewal I benefitted from enhanced no claims discount due to the fact I was declaring being claim and conviction free. Now the sums dont add up they say they want £435.20 the figures they quote in this letter come to £438.10 ?They go on to say that the insurers would have placed a loading on the premium, and these combinations result in the insurers being entitled in requesting this extra premium.Again they say there is no record of us declaring to them any convictions at renewal, but if we can recall any dates phone numbers or the person we spoke to to contact them and they would reconsider the outstanding debt.How the hell are we suppose to have that information to hand I dont no. I dont really no what options I have now DO I cancel the policy with them (will I still be liable to pay this extra premium? if I refuse to pay the extra premium what action can they take against me? Can anyone help?
  6. thanks for that im still awaiting there response to my last letter. we do have three years NCB and I have been on the insurance website that I am with and they are quoting me £193 for the year. So clearly something is wrong here.
  7. thanks for that Rob S the company is direct choice and the policy is underwritten by highway insurance
  8. I wonder if someone could advise me on this issue.A few weeks ago my wife had an accident in her car she was reversed into by a wagon. Not much damage was done just the front bumper. Anyway a claim was made against there insurance my wife was given a hire car while hers was being repaired. Then we received a letter from our insurance company stating we had not declared two SP30 convictions to them.Now I know I did when I took the policy out, we have another car and that insurance has them on. So I wrote to them explaining this and asked them to check there tel records as all companies record conversations.They wrote back and said they had no record of this conversation. A letter then arrived stating that my insurers had agreed to continue cover following disclosure of the 2 convictions but an additional premium was required of £435 immediately. I wrote back asking them to send me a break down of this additional premium because this now made my insurance TPFT an astronomical £650. I have had quotes from other insurance companies for the same cover including the 2 convictions for a mere £190. A second letter was received from them with no acknowledgement of my letter demanding payment again. My next letter back to them now is for them to cancel the policy, am I ok in doing this and will I be liable to pay the additional premium?
  9. can anyone tell me how I add further bank charges onto my claim. It is at the stage of the preliminary consideration hearing or do I have to start a new claim. Just received this months statement and they are charging me £80 thankyou
  10. ok thanks for that Lula I will have a look around the site and see what I can collate
  11. hi Lula sorry not got back to you sooner been in bed work nights. the letter just says the District Judge has considered the statements of case and AQ filed (we didnt file one) and allocated the claim to small claims track. Before the claim is listed for hearing, the judge has ordered that a preliminary consideration hearing should take place. The preliminary hearing will take place at 14.00 on the 18th June 2007 at County Court. Time estimate 15mins. Thats it, all it says? any clues??????
  12. Hi out there can anyone put me right, received Abbey defence a few weeks ago ,got the official copies from the court but no AQ. Now received a Notice of Allocation to the Small Claims Track and it says the judge has ordered that a preliminary consideration hearing should take place estimated time 15mins. What does this mean and do I take a court bundle to the hearing my claim is only for a very small amount? thanks for your help
  13. m.bentley

    dear all

    Dear All Who Read Please before you start your claim or think about starting read the threads.It is very staight forward if you follow the advice given,to the letter you really cannot go wrong.Yes Abbey will send you scary letters,and threaten you and probably make you think is it really worth the hassle. But believe me and the others posted as settled it is YOU WILL WIN WHAT IS RIGHTFULLY YOURS but do not get put off by Abbey's stalling tactics, continue with your claim as detailed on the site,be strong and be informative.If you follow the site instructions to the letter YOU WILL BE REFUNDED:grin: :grin: :grin: :grin:
  14. this morning I spoke with the court to ask for a stay.They where a little confused,I explained the situation with them, Abbey have agreed to settle to save further costs, she said I still need to hand my AQ in and pay the £100:confused: . I then rang Moneyclaim and got some much better advice. You need form N244 (which you can download of there site),fill this in asking for an extension to the response time and give reasons why i.e. they want to settle you want to give them time to give you the cleared funds.Now the bad part:mad: it costs you £35 to ask for this. Anyway I have e-mailed Tom at Abbey and agreed to the settlement but asked him to add onto my claim the extra £35:rolleyes: ,and also given him a deadline of 6th Nov to get the funds in and cleared. I now sit and wait with baited breathe;) .
  15. ps I will post my details on reciept of my money paid into and cleared in my account,this site has unwanted viewers,if you know what I mean.
  16. Thanks Lula. and a big THANKYOU to everybody on this site for the fantastic help and information, in my pursuit of MY money unlawfully taken from me. A donation will follow on reciept of my money. THANKS AGAIN ALL. :lol: :lol:
  17. this morning I recieved my Notice of Change of Solicitor, on the bottom is a telephone number of Abbey at Triton Square 020 7756 4398/4306 it appears to be the number to contact Tom Cummings. I decided to phone and see how things where moving ect, as my A Q form is to be submitted on Weds. Tom said he would look at my file and get back to me.Sure enough at teatime he e-mailed me saying Abbey had accepted my counter offer as full and final payment. :D He is posting the letter out to me but the copy on e-mail states it is a Without Prejudice offer and without any addmission of legal liability by Abbey.He states that once they recieve the signed accecptance letter a cheque will be paid into my account within fourteen days.He also asks for me to notify the court that the claim is settled. Questions. 1. Is it ok to sign and return this letter,I am happy with the offer. 2. Should I notify the court now or after I have the money in my account. 3. Do I still send the A Q form into the courts on Weds. Just a little wary of Abbey and there little tricks.
  18. Hi Seashell try this it worked for me: 1. The Claimant has an account xxxxxxxx with the Defendant which was opened on or around xxxxxxxxxxx. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £xxxxxxx; c) Court costs; d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. e) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 31st Oct 2000 to 28th Aug 2006 of £xxxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx p. I believe that the contents of these particulars of claim are true
  19. This mornings post brought me my 50% offer from DLA Piper along with the defence, it was marked "Without Prejudice". I have replied to them with my counter offer asking for 90%, but is it essential to put the "Without Prejudice" on the letter. Can anyone please ellaborate on this.
  20. thanks for that Michael, just want to make sure I do it right
  21. how many copies of the a&q form do I need and do I send the court a new updated schedule minus the £280 G O G W
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