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Everything posted by buglelight

  1. Thakns to the help fro those on this site I have one Abbey have caved in paying in full including cost. How do i send the donation which is the least I can do for the help Big Thanks to all
  2. Abbey paying up I,ve won thanks to the help I recieved from this site!! Once funds clear i will make the donation please let me know how.
  3. Thanks it's going in Monday wish me luck
  4. Need some Advice buting my bundle together I have got the Basic. Should I add the Northern Ireland OFT finding to it? Should I attached a covering letter,:o
  5. Just making the finishing touches to my Court Bundle. 2 questions. 1. should I include all my statements for the period or only those wiyh charges on them? 2. Should I add ther OFT on Northern Ireland Banks to my bundle? I have to get it in by 5th March so any new adivce would be halpful. Many Thanks.
  6. Just making the finishing touches to my Court Bundle. 2 questions. 1. should I include all my statements for the period or only those wiyh charges on them? 2. Should I add ther OFT on Northern Ireland Banks to my bundle? I have to get it in by 5th March so any new adivce would be halpful. Many Thanks.
  7. I have a court date of 21 March 2006 what do I do now. I have heard nothing from Shappy and have had no offers.
  8. I have been given a court date of 21 March in my local court Any advice would be gratefully accepted?
  9. Hi thanks for that it's reassuring to know that help is available
  10. Hi Karnevil thanks for that it's reassuring to know that help is available
  11. Claim number XXXXXXXXX Do you need this? Abbey Vs Buglelight DEFENCE 1. Save as is specifically admitted in this defence, the defendant denies each and every allegation set outr in the particulars of claim. 2. It is admitted that the claimant has a bank account with the Defendant, account number XXXXXXXX ("account") 3. At all times tha Account has been subject to the applicable terms and conditions ("Conditions"), which form part of the contract between the claimant and the Defendant and to which the claimant agreed when he opened the Account. The Defendant will refer at trial to the full Conditions but for the purpose of this Defence will refer to the following extracts: (1) "You can apply for an overdraft on your Account. If we give you an overdraft we will tell you your limit and the interest rate applicable." (2) "An unauthorised overdraft occurs if without our agreement you overdraw your Account of exceed the limit of an overdraft which you have agreed." (3) "If you have an unauthorised overdraft, you will be charged fees as set out in our tariff of charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in yout Account." 4. Throughout the period that he has had the Account, the Claimant recieved a number of copies of the conditions and of the said Tariff of charges as they were amended and updated (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above). 5. Any overdraft facility on the Account was (and is) subject to the Conditions. 6. The Claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of separate occasions, full details off which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdraft was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of charges applicable at the relevant time. In accordance with the Conditions, such fees were debited to the Account. 7. In view of the facts and matters referrer to in paragraphs 3,4,5 and 6 above, the defendant denies that the amount of£XXXX.XX or any other, amount was unlawfully debited to the Account and the Claimant's claim for repayment of that amount is therefore denied. 8. The Claimant's contention that the fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant. 9. Further of in the alternative, even if the said fees are not proportionate to the Defendant's administrative expense incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the Account. 10. The defendant denies that the Claimant is entitled to claim interest in the sum of £XXX.XX, or any other amount. 11. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same. The Defendant believes that the facts stated in this defence are true. I am only authorised by the Defendant to sign this stateemnt. Full Name Inga Kirkham Of Abbey National plc Signed Position or offiecheld Legal officer 19 December 2006 Okay so what do i do next help pleae if you need the claim numer and amounts i am happy to supply them. I have not made them public here as Abbey is monitoring the site?
  12. Hi Sent the letter as suggested on 2 Dec giving 14 days for reply they have not bothered to reply. To add insult to injury they paid my Mother-in-laws sister for her having to cancell the same holiday for the same reasons. Where do I go from here? I was thinking of sending the letter again (recorded) giving them 14 days saying if we dont get a reply we will go to the small claims court. Any advice would be helpfull.
  13. I have just recieved a letter from Abbey Not a Person the Bank it's self and it's signed "Abbey" The content of this letter is as follows: Dear Mr XXX Yourself- V - Abbey National PLC Claim no XXXXXXXXXXX We are in the process of reviewing your claim and preparing our response. A defence will be filed in due course. In the Meantime, we note that you have claimed the sum of £X,XXX.XX in respect of charges that you say have been made on your Abbey acount. We also note your comment that you have provided the details of the claim. However, for the purpose of handling your claim we do not have a copy and it would be appreciated, in the interest of dealing with your claim efficiently, if you could forward us a copy at your earlies convenience at the address below. We look forward to hearing from you. Yours Faithfully Signed Abbey Abbey National plc In fact I have already sent them 2 copies recorded delivery track and trace both were delivered. Should I send another? if yes when? right away or should I wait until the last minute? Any advice would be greatfully recieved.
  14. Letter sent today thanks for the advice I have worded it as you suggested and will keep you informed of progress. Thanks all for the help and advice great
  15. Hi Bookworm did you get the information requested?
  16. I will scan that once i get home will send it tonight thanks for you help much appreciated
  17. The grounds for refusal were stated as: Any claim which arises directly or indirectly from depression, stress, anxiety or mental disorder. Suicide, attempted suicide, self inflicted injury, alcohol or drug abuse, alcoholism, drug addiction, solvent abuse, wilful exposure to exceptional risk (unless you are trying to save human life). But I thought that all the above applied only to the policy holder not their relatives who are not event travelling?
  18. Hi Yes, My brother inlaw was ill but he had his own family 2 kids and lived separatly fro my MIL his death was caused by Alcoholism for which he had been being treated for a number of years. He was taken ill suddenly and died almost overnight hense the cancellation my MIL did not consider this when she took out insurance for the hooliday who expects a 47 YO man to die suddenly even though they are a Alcoholic. I
  19. Hi My mother-in-law lost her son just before her holiday so she cancelled the insurance company refused to refund her costs casn anyone help.
  20. Just sent my MCOL claiming £1627 plus interest totaling £1262.81. Been through all the JOGW and beening told that the charges are legal and that I should contact the ombudsman now taking action. as the deadline approches I might need more help hope that's okay. I have also satrted to assist my two duaghters with there claims Vs NatWest:D
  21. I have started my action to reclaim unfair charges and as expected Abbey have tried the old Microfiche excuse. I have sent the second letter but recieved the information the next day anyway.
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