Hi I purchased a lift and rise chair for my mother 3 weeks ago from an independant retailer in letchworth (martins of letchworth). In teh shop she sat on the chair for 5 mins and all ok. Once she received this it became very clear that sitting on this chair for any length of time the foam comporessed and became very hard and uncomfortable for sitting. Clearly this wasnt fit for purpose. We called after 5 days and lodged our displeasure, the response was that the manager was out until Monday (7 days time). SO I called him on the Monday and he stated that he was getting in contact with teh manaufacturer. 3 days later I called again after he hadnt returned my call as promised, he stated that tehre wasnt anything wrong with teh chair so nothing he could do. I stated that he had made this opinion without viewing this chair either the manaufacturers or himself. I also stated that under the sale of goods act my contract was with the retailer not teh manuafacturer. He then stated he woudl send someone round to look at the chair, so on Saturday November 5th he sent two delivery men to view the chair, with comments such as "looks ok to me", they took some photos and left. On the 6th november I sent a formal letter askign for a refund and said if I dotn hear from him positively within 7 days I will issue a small claims summons. What I woudl like the more informed of us on this great website is, 1, am I following this properly? 2, what exactly are my rights here? 3, and what are my next steps? many thanks in advance.. david

Ok,

I have filed an erc claim ( just read the notes stating not to bother!) anyway, the bank have filed a defence , BUT

The defence is a bank charges defence and does not even relate one iota to the erc claim.

Does this mean good news?

ok, after having an account for 4 years and never missing a payment, i missed a couple last summer, staight away egg defaulted me, they never sent any notice of default, i instigated court action after sending numerous letters to them explaining that they are breaking the law for not sending a true a signed copy of the alleged default, have £160 worth of charges that they owe, have also sent them a letter telling them to stop processing my data.

they have employed eversheds who offered with conditions.

I am refusing point blank until they remove the default.

how can I escalate this to include compensation for time, distress and hurt? for the default placed?

They also say they can keep processing my data even though they have defaulted my account! is this true?

they also say they dont need to supply me with a true signed copy fo the notice? is this true?

That egg defaulted me for two missed payments, never sent me anyting, have affected my credit record so.....

MCOL for 160, and after not complying with CCA request for proof of true default have included this on my claim...

This is not on... I have also lodged a complaint with the FSA, because they have not respinded properly..

is there anything else i can do as they are affecting my credit record etc...

anyway they settled at 100% cheque from ashursts arrived today

lovely

Ive just been told by a mate that you can only claims ur bank charges back if it happened with a credit card or u have an agreed overdraft limit.

With ny case i just have a normal bank account with no agreed overdraft limit with abbey national.

 

 

Will this effect my case?? I have now got to the stage where on thr 25th i will send off my moneyclaim form over the internet. Just wondering if its worth contiuning with my claim.

 

Also my dad seems to think that there could be a chance that the court will throw my case out and therefore i could be liable for something. Is this true??

 

 

 

 

 

Any help on the questions above will be much appreciated.

firstly read the FAQs on this site, then you will realise that the banks charges are illegal.

commence your proceedings, you will win your charges back...

if your claim is for over 5k then you are liable for maximum £750 charges if the judge decides this is so and you lose the case, no one has lost a case as yet as the banks know there charging is illegal.

if your claim is less than 5,000 then no charges can be claimed against you unless the judge orders this so, which he wont as a you will win and b you are wasting the courts time which you are not.

tuddsy

they WILL offer you 100% plus costs if you say thats what you want. but as has been said, let them do the talking, and IMO they will offer it all...

okey dokey

Cheque in post today, 100% won, plus court costs

FYI Abbey are now not leaving it to the day before to settle as the courts are getting arsey with Abbey!

They are trying to settle early... hence my court date was week beggining 5th feb fast track...

on to abbey for my mortgage now... erc for 5k....

so now I have won 5k Abbey, 1k MBNA, MCOL with EGG and LBA to Abbey Mortgage..

lovely jubbley

Egg defaulted me for 5k, I am taking them to court to get this removed but.

I will be selling our house soon and will need an 80 k mortgage, we will be putting 320k down as deposit, my question is this:

will they refuse me a mortgage because of the default? should i get it at least satisfied before th ecourt case?

or will it not matter because of the size of the deposit?

cheers

Hi just sending off the court index to court and abbey now.

I, xxxxxxxxxx Intend to rely on the following documents in court –

1. Correspondences

.....Date .......Description ......................... ......................... No. of pages

(A) 07/08/06 Letter: Data Protection Act request - 1

(B) 22-08-06 Letter: Preliminary Approach for repayment - 2

© 04-09-06 Letter: Letter Before Action to Abbey – 1

(D) 05/10/06 Copy of County Court Claim form issued by Claimant - 1

(E) 10-10-06 Letter: Letter sent to Northampton County Court & Abbey - 1

(F) 10-10-06 Schedule of charges sent to Northampton County Court & Abbey - 2

(G) Court Document: Notification of claim issued – 1

(H) 16-10-06 Court Document: Notification of Acknowledgment of Service - 2

(I) Copy of Abbey Acknowledgment of Service - 1

(J) 26-10-06 Court Document: Notification of Defence Filed by Abbey - 3

(K) 13-11-06 Copy of Defendants Allocation Questionairre - 6

(L) 14-11-06 Copy of Claimants Allocation Questionairre - 5

(M) 25-11-06 Court Document: Notification of Allocation to Fast Track – 2

2. Authorities

...........Description ......................... ......................... .............No. of pages

(AA) -- Copy of bank statements printed from online banking provided by Abbey

(BB) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(CC) -- The Supply of Goods and Services Act (1982) - 13

(DD) -- Unfair Contract Terms Act (1977) - 9

(EE) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( FF) -- House of Commons Early Day Motion (EDM 2227) - 1

(GG) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(HH) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(II) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(JJ) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)

Statement of Truth

I believe the facts stated within this Disclosure List to be true and comprises of xx pages.

Dated 7th December 2006

Signed

anyone have inga or christine's abbey email addreses?

cheers

fantastic, thats cleared that up, well sort of, how to i go about asking for disclosure of Abbeys costs? I have been allocated fast track even after Abbey requested small claims, and on my AQ I asked for disclosure, should I put this in my bundle?

thansk again Karn

Can anyone please enlighten me a touch on what I should give to who and what it contains?

sorry for the ignorance, i have an idea which is a list of items that i will depend on in court?

cheers

thanks karnevil...

youre a star...

erm, bump!

anyone for anyone?

Just really need some clarification as to whether this is standard ? my next steps etc?

thanks in advance..

received today

Abbey asked for small claims , I requested Fast track and full discloure of costs, I also asked for the judge to dismiss their defence due to history of failing to defend.

Anyway, I have to give standard disclosure to every other party by list??? by 11th december

15 Jan exchange serve witness statements

No expert evidence

Pre Trial checklists are dispensed with

case has been listed for trial after 5 february.

well any advice? is this standard?

thanks

Dear Mr xxx

Apologies for not responding to your original email.

I can confirm that a default has not been registered and we have suspended action pending the outcome of the dispute which is being managed by our Customer Complaints team.

Regards.

Allen Betts

Complaints Abbey PO Box 5129 Milton Keynes MK9 2YN

9 November 2006

Dear Robert

Account number –

Your Ref: T

hank you for your letter dated 1st November 2006.

I must point out to you straight away that banking code sec 13.6 says that you cannot default accounts in dispute.

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

• you have fallen behind with your payments;

• the amount owed is not in dispute; and

• you have not made proposals we are satisfied with for repaying your debt,

following our formal demand.

I therefore can only come to the conclusion that Allen Betts, head of debt management at Abbey either:

1. does not know the banking code

2, does not care what the banking code contains

3, is deliberately putting false defaults on customers who query the banks illegal charges

Please advise

Yours faithfully

David Etere

what do you think?

Ok, my abbey overdraft facility was withdrawn because I have refused to pay my dividends into my account, the Overdraft was £3700

My claim after deduction of £990 gw payment is 6k, they are no gving me 28 days notice before a defualt is placed, I have sent official complaint to abbey and will be following up with a letter to banking ombudsman.

Can anyone give me any pointers to how i should breah this?

Specifically to include allen betts head of debt management... what a knob

Tinkerbell, yes i do.

the charges since 2004 are only £160

I will start the ball rolling with a prelim.

many thanks for the quick reply

They defaulted on me, for missing a few DD's! yep abbey!

I did make payments but EGG said not enough so they defaulted.

Anyway, inever received any default notice informing me what they were going to do, if i did this wouldnt have happened.

anyway, i have followed the recommended path to having the default removed, but EGG will not have it, they have sent me a screen print of the default on their system but not the actual default letter .

whats my next steps?

I asked for

1. You must supply me with a true copy of the credit agreement . This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque to cover the statutory fee.

They eventually sent it

2. Please also supply me with a signed, true and certified copy of the original default notice.

No only a screen shot

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

my last letter included

As 28 days has now passed from the date of the 2nd letter you are now in breach of your duties under Section 78 of the Consumer Credit Act. If you do not answer my original questions and reply within 7 days I will have no choice but to escalate the matter to the relevant authorities including the Banking Ombudsman, Office of Fair Trading and the Information Commissioner's Office.

whats my next steps here?

thanks

not to sure on this point of discrimination.

think it may be on breach of contract. but really wanted to lay down some points of law in the summons.

the evidence that I have is circumstantial, but if I can prove that they paid these bonuses to others who never met the utilisation figure, coupled with the fact that circustances beyond my control led to me not meeting this target and that it coincides with my resignation then the probability of doubt, sureley weighs in my favour.

the bonus equates to 9K

thanks Glenn for your thoughts....

Hi,

I resigned from a company back in April 06, I was contractualy entered into a bonus scheme with the company, the company met all targets, and my appraisal was approved and although my target of 85% utilisation was not met (only 80.36%) due to waiting around for security clearance, instead of the 20% due, i received nothing, the reason I believe i received nothing is that I had handed my resignation in that month.

I am due to file a county court claim for discrimination on the grounds that i submiotted my resignation. can anyone help with any other points of law ?

I will go for disclosure of anyone else who has not met the utilisation fiigures who received a bonus....

Had an offer of 50% -the goodwill payment and a defense from abbey, standard stuff.

I have responded rejecting the 50% offer and explaining that my claim actually is discounted by the goodwill amount already (glad to see they read the charges spreadsheet!).

I have also counter offered, saying that we will split the £250 court charge, therefore giving abbey a £125 'discount' . This counter offer is valid for 7 days only...

If they dont respond within 7 days from wednesday, then I shall submit my AQ and a further £100 will be added to their liabilities...