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Everything posted by Beaker_smiles

  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. I was looking at swapping to Tiscali from TalkTalk so I could bundle in the TV as well. From looking around Tiscali give a better than average customer service experience to most customers, but as others have said everybodies experience with their ISP is relative (I have only had one problem with TalkTalk, and have found them first class otherwise, but they have a terrible customer service record). The only reason I have opted to stick with TalkTalk is because it is too much hassle to switch over, as I would need to return my TalkTalk line back to BT and swap my ISP to Tiscali, before Tiscali could pick up my phone line in six months. I though this whole process was supposed to be easy.
  3. I think you misunderstand the way facebook works. As davjoh said, they have no record of you because you are not signed up. Asking for facebook to e-mail you to see if you mind being added as you are suggesting is exactly what they are doing. If you do not choose to sign up, then they won't have a record. Your details will not appear on the site anywhere.
  4. Back in June I had a very low speed bump (5mph max) with a car in front of me. The total damage was just a small amount of plastic shaved off the bumper. I gave them my details, but didn't have any paper to take their details (and they wouldn't let me have any), and offered to settle without going through the insurers as the damage was so slight. The other party agreed, and then we went our seperate ways. In July, four weeks after the accident, my insurer contacted me to ask if I had an accident. I told them I had, and said that I had offered to settle personnally as the damage was so slight (I still can't beleive that they wanted a new bumber, but I hit them, my bad) and it would be cheaper to settle between ourselves. My insurer said they would handle the details as they had been contacted by the other insurer, but the information I had supplied was very helpful. I have been in contact with my insurer about a month ago because I have heard nothing else, and I am starting to worry that the other party may be trying to exagerate the damage, but they gave me the same line, that they would ensure that the claim is reasonable, and I can refund them the money so I can keep my no claims bonus. I have never received anything in writing, or had any communication from my insurer other than the initial call to ask if I had been in an accident (and I use the term accident loosely). Should I be worried, as nobody is really giving me any information, or does it mean that the other party is probably going to drop the claim? Six months seems an auwfully long time for what is in escence a scratch on a bumper.
  5. It is also worth giving the Triton House number a call (have your court case number ready) and express a wish to get your money without sending in the bailiffs.
  6. In answer to your question about Bailiffs, there is a pdf document on the HMCS (her majestys court service) website about getting bailiffs in. As long as it's less than £5000 (and I think greater than £650) you can apply for a warrant of execution at the county court. It costs £55 which you can add to the charges you are claiming back. Just remember to take 1) The judgement 2) the address you want to send the bailiffs to to court with you.
  7. In answer to your question about Bailiffs, there is a pdf document on the HMCS (her majestys court service) website about getting bailiffs in. As long as it's less than £5000 (and I think greater than £650) you can apply for a warrant of execution at the county court. It costs £55 which you can add to the charges you are claiming back. Just remember to take 1) The judgement 2) the address you want to send the bailiffs to to court with you.
  8. And funnily enough, I had a cheque from Abbey yesterday morning. I'll let the Bailiffs know, but hold off from cancelling them for good until Thursday when it clears.
  9. If anybody is interested, I do believe I will be on Watchdog on Tuesday 20th Feb talking about bank charges (assuming the 4 hours of filming doesn't get cut down to a 5 second montage of me walking away from the bank). I did get a couple of good plugs in for the CAG, lets just hope they don't get cut.
  10. OK. I have applied for a warrant of execution this lunchtime. If anybody is interested I live in Milton Keynes. I have posted the warrant against the branch in the main shopping centre at Midsummer Place (although I was highly tempted to go for the head office down the road at 201 Grafton Gate, but it's all PC's, and no money). To be honest though, I think by calling and trying to get them to pay up, they may try for set aside. But if the bailiffs do go in you'll all be welcome.
  11. OK, I have taken Abbey to court. They didn't submit a defence, and the day before my court case was due to be heard a settlement cheque turns up. Unfortunately, the cheque was for £2500 less than I had claimed, so I still went to court and explained that they had sent me a settlement letter but it wasn't for enough and I got judgment. The deadline for Abbey to pay the remainder was today, and nothing has turned up, even though I spoke to them on Thursday and queried if they intended to pay because "I would hate to get the Bailiffs in on a missunderstanding". Does anybody have any idea how much it would cost to get the Bailiffs in. I looked through the court charges and it seems to imply £55 for the warrant and £95 to serve it. Does that seem right, or have I misread it. Also, can Abbey still apply for set aside, even though the case was three weeks ago and they were due to settle today?
  12. Actually going to change the letter from "now incurs interest" to "is eligible to incur interest" as the interest is at the judges discression isn't it.
  13. OK, so this is what I'm planning to hand deliver to Abbey today. Dear Ms. Brewer, RE: Settlement Letter (Ref: TS6B03/BCT) I hope you are the correct person to correspond with , as the letter I have just received is from “Abbey National plc” and has simply been signed “Abbey”. Thank you for the letter offering settlement of £1866.59. I would be happy to accept this as a partial settlement of my claim. My full claim however is for £4250.14 which as you have opted to allow it to progress to court now incurs interest at 8%, which is an additional £1177.22. Allowing for the £520.00 goodwill gesture and the £1866.59 you have paid into my account without notice, this still leaves £3040.77 outstanding on my claim. As I have attempted to enter into an open and honest debate about these fees, and have supplied all the documents and evidence required to both yourself and the court, without receiving a satisfactory response from yourselves, I feel I have no option but to continue to court to reach final settlement. I will take a copy to court on Monday on the off chance that Abbey try to pretend I am being unreasonable.
  14. Hi Guys. My court case rolls around on Monday, and this morning I have received the standard letter from abbey offering settlement. My problem is with the figures. Where they have only provided 14 months worth of statements I have estimated an amount of £3000, but in the settlement they have calculated it at £243.50. this is obviously a big difference. Should I continue to push for my estimate as Abbey have not provided any evidence to me of the documents they are taking to court, including statements, so I don't know if this is an accurate figure or not. It is complicated somewhat because after reviewing all of my court document bundle, I neglected to include my address in my witness statement to the court. I have written to the judge as I feel that this is a small mistake compared to Abbey not submitting any evidence to me what-so-ever. "I am writing to highlight two failures to comply with your directions for this case, which is due to be heard on Monday 22nd January. Firstly I have not received a court document bundle from Abbey National PLC, so I am unaware of any evidence that they might wish to bring before you. Secondly, whilst reviewing my own court document bundle I have realised that I have omitted to include my address in my witness statement. I understand from your directions that both are grounds for having the evidence of the concerned party struck out. With regard to my own breach of your directions, I do believe that I have acted in good faith by supplying all the relevant documents I intend to rely on as requested, and I hope this will be considered when the case comes before you." Advice please.
  15. It has pained me to get this far. I started like last april. The only thing that goes slower than abbey is a 1st class letter lol
  16. OK, Help Please. I had my directions, no problem. My court date is 22nd of this month, and I handed in my witness statement pack with documents to both the court and Abbey on Monday (which complies with the 14 days before the hearing). So far though, I have not had anything from Abbey. Should I just go to the court and say that they haven't filed the documents they intend to rely on, or am I better off asking for their defence to be struck out (which was one option I have read in another thread). Help would be greatly appreciated, as I could really do without the hassle, but I don't want to give up.
  17. Thanks pinstriping. I got impatient at lunchtime though, and popped to the court (as luckily it is only a few buildings away from where I work) and apparently my claim went on the system this morning, and I should get my directions in a few days. My court date is set as 22nd January 2007 at 2pm.
  18. Well Ireturned my allocation questionaire on 7th November, the deadline was 20th November, and it's now 29th November and I haven't heard anything from the court. Am I getting overly worried, or should I call in to the court to see if any directions have been issued. Or should I be doing something else? I've driven the process this far, it doesn't seem right to just sit back and wait.
  19. So the grABBEY defence to my claim arrived today. It reads verbatim to all the others posted on here, so I won't write it all out. Now all I need is for the Judge to ask for my response. I hope they speed up a bit, as I am on holiday at the start of December, and a bit of spending cash would be nice. Any idea how long it takes to settle from here roughly?
  20. Oh LiP, you've been through so much. Why can't the B*#@ers just wave the white flag and give you what they owe. Keep going, nearly there.
  21. OK, just filling in my N1 to take to court. Does this sound like an acceptable "brief summary of my claim"? That the claimant has an account with the defendant, who has levied charges for breach of contract which exceed any actual loss to the defendant and are therefore punative.
  22. Thanks Phil, I think you are right. I had simply quoted a section verbatum from the FAQ's. I'll change that now so I can send it tomorrow.
  23. I wouldn't worry about your letter not having "without prejudice" at the top LIP, it just shows that you are being open and shABBEY have something to hide. That should work in your favour surely.
  24. Send the Initial Request for repayment of charges, only estimate any that you are missing. Then follow up with the letter before action, and then if they still haven't repayed everything, take them to court. If you are estimating, be fair, but if they won't supply you with the details requested, take a wild stab. I'm going through the same so my posts might help. http://www.consumeractiongroup.co.uk/forum/abbey-bank/5062-long-wait.html I used a formula of "calculated fees*50%*months without statements" but you could submit any figure for the 50%, I only chose it to keep me under £5000 without using a daft number. I don't fancy explaining why I chose 52.7% to a judge. That would make me seem greedy.
  25. And now for my reply Dear Mr Bennett, Thank you for letter dated 14th September, about the result of your investigation. Firstly, thank you very much for your goodwill gesture, it was a welcome step in the right direction, especially as many of your colleagues have been less forthcoming with their responses. However I would like to point out that I was only refunded £520.00 and not £685.00 as your letter offered. I have attached a schedule of the refunded items. I will happily accept this as a partial refund of the charges I have asked Abbey to repay. Secondly, I appreciate that your charges are listed in your literature, but my request was for a breakdown of these charges, as they seem unrealistically high. I am not an expert; however I am lead to believe that your charges must be indicative of your costs. Penalty clauses for breach of contract under English Law are not legal if the cost of the penalty exceeds the cost of the breach, by either party. Given that your banking systems are highly advanced and computerized, I could understand if my breaches cost you £4.00 or £5.00, but is £35 truly reflective of your costs? Finally to your offer of bank statements covering the last 6 years; I submitted a Subject Access Request on 10th April 2006, which was signed for on 11th April 2006. On 10th May, some 5 weeks (or 35 days) after I had originally made the request I received 14 months worth of data and a letter informing me I had received all the data I was entitled to. This letter from Sheena Small, a copy of which I have attached, did intimate that arrangements would be made to send the remaining data to me “as soon as it was retrieved from your archives”. 16 weeks (112 days) later I am still waiting. That’s 24 weeks (168 days) and still I do not have the information I originally requested. Unfortunately it appears that you cannot supply me with details of all the charges on my account over the last six years. If you are able to produce the missing statements that I requested, I would be interested to know why it requires the intervention of a Customer Resolution Manager, when I had written on no less than three occasions to Ms. Small. Ms. Small has also never responded to my query as to what she meant by “As previously advised”, when she had only sent me one letter. As I stated in my previous letter to Mark Winder, I have calculated that you have taken £1514.00 between 10th March 2005 and 7th April 2006. As you have denied my right to view my bank statements prior to these dates (and I think 24 weeks is more than sufficient a time for you to supply that data), I have estimated the charges prior to those dates, leading back to 1st July 2000 at £3136.14. After deducting the partial settlement of £520.00, this makes a grand total of £4130.14. I require repayment in full of this money and removal of any default notices which you have entered against my account due to the unlawful charges you have imposed. If you have not complied by 29th September (after which time the notice period given on 9th September will have expired) then I shall begin a claim against you for the full amount plus my costs without further notice.
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