Left my previous employer in Dec due to abusive comments made towards me. I got my final wages but then was paid again the following month and that close to Xmas with four kids was a godsend. Fast foward to today and they have emailed with regards the overpayment. I am not in a position to pay it all back in one go, infact out of work it would need to be between £5-10 a week. Probably not what they will want to hear and may try to tighten the screw harder however if I make that proposal and they dont accept it am I right in thinking that if it went to court a judge would look favourably on me due to the fact I have made a proposal without disputing it and can show I am not living a life of luxury infact I am on a dmp?

Cheers Hedgey, will get on the case!

Ok firstly is the letters to credit cards the same as the bank? does any wording need to be changed? Also I have a card with MBNA and Alliance & Leicester who have since been taken over by MBNA so who should I send their letter too? I am on a DMP of which both of these are on and have frozen the interest so if I start a claim do I risk them going back on that? I did the same with Abbey and they have not backed out of the DMP.

Need some advice if I may. Back end of last year went through the process with Nationwide for the missus and Abbey for me and won both although Abbey done their best to drag it out, however Nationwide were pretty quick on the ball with regards sending the missus statements. I can't remember if we sent the intial letter recorded delivery or handed it in at our local branch. I started the ball rolling with the 40 day statement letter as the norm and handed it into my local branch half expecting them to be pretty quick however almost 35 days later nothing has been received so am now not sure if they will make out they didn't receive it (to try and drag it along) or are now just playing hardball. Should I start the process again but with a recorded delivery? can I see if they have cashed in the bankers draft that was via my very own Nationwide account or just sit tight till the 40 days is up and then proceed alongt eh lines of them not playing hard ball?

Went through the whole back and forth with my bank (Abbey) and when it came to the claim they didn't bother to respond so judgement was served on the 25th Jan, so how long does it take to pay out? The court reckon its just a case of waiting but this is the very bank that took 78 days to do the 40day SAR, so should I send in the baliff or do they take 3-4 weeks?

I have had judgement passed on my charges from Abbey for just under £3k, plus I asked for the default. Should that happen automatically or would I need to pursue that as well?

Well all the court papers were sent to Abbey and they failed to respond so judgement was served upon them to pay up, but not heard a bean from them when papers were served on the 25th Jan. The court seems to think it is more than likely that the paperwork is on a desk with countless others just waiting to be signed but surely there is a time limit to get the cheque sent out? How lond should I wait or should I go ahead and send in the baliffs?

Also, have checked out the downloadable pdf form and what I should put on there but it doesn't fit onto the sheet, how do I get over that?

Looking to get my N1 claim in the courts tomorrow but looked at the form on this forum and am not sure about this part. the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon; Should that figure in 3 be the amount before the 8% is added or with the 8% interest included? I suspect it is pre 8% as it mentions later about interest but just wanted to double check. Got to make sure I get this right as doing both mine and the missus.

any ideas?

As like many others ahd the microfiche arguement so with the help of 12 statements I had found from 2003 sent off letters with an estimate. I sent off the last letter on the 8th Nov for just over £4k based on the average of the statements I did have, however Abbey this morning provided me with my statements and the actual figure relates to £2.5k before any 8% charge (shoudl it get that far), so how does that effect the LBA I have just sent? Do I need to resend the previous letter with the actual correct amount, together with the list of charges, wait and then send the LBA again with the correct charges or do I wait for no reply to the LBA just sent and then adjust the figure on the claim form (mentioning this was due to Abbey finally providing me with my data)? I really dont want to shoot myself in the foot, just in case Abbey turned around and say well actually its not £4k as claimed and therefore ruin any chance of getting the money back.

Nice one, cheers dude!

Surely someone must know if anything needs to be changed as its a credit card and not a bank? please?

Ok Silly question, but where are the forms that need to be filled in and how do we find out the costs? also my wife whose claim it is, receives disability allowance and I am pending income support/carers allowance does this entitle her to non payment and would we be better off going to our local court to file the claim?

Ok, received the final letter from Nationwide stating as before, we signed the terms at the start of the agreement and that be the end of that. Am I right in thinking that this is their normal response and it is now time for me to file my claim with the courts?