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    • for the sake of history, i've merged your old sadly failed charges reclaim court claim. have they ever sent you a default notice regarding this mortgage? dx  
    • I am financially at  point where I can see the light at the end of the tunnel regarding my debts. I have one remaining and I am interested to see what my options could be. I have be in contact with the Citizen’s Advice Bureau and the National Debt Helpline, but their advice has been a little more generic (but still helpful). This debt is 12 years old and is now owing around £3k. It was a bank loan and has been passed to several creditors over the years. A payment plan has always been in place and is up to date. I get statements every 6 months. There has never been a CCJ. I have been sent the letters advising of change of ownership. Following my own review of my finances, I decided to contact the current creditor to see if they have a copy of the credit agreement. I regarded this as due diligence as the debt has been sold on several times. The creditor updated me several times saying they had requested the document from the original lender. After 12 months of this they wrote to me saying they had not received it but were still waiting and would send it once received. The last letter was over 6 months ago. I then submitted a freedom of information request to the current and original creditor. The original creditor supplied one, but the current one did not include one in the pack they sent me. I went back to them to ask specifically about this as it was what I requested in my request. They replied saying the debt was sold to them as one without the credit agreement and they did not have it. They have requested it above, so I believe that means they cannot obtain it either for the FOI request. I contacted the original creditor and exercised my ‘right to be forgotten’, under the Data Protection Act, which they have complied with. I also got my up to date credit file and this debt is not showing on it with the current creditor or any others. I contacted the creditor and made them an early settlement offer. They do have an early settlement offer in place on their portal, but I was advised to try to get a reduction via negotiation. I have not heard back from them yet, but I understand through a separate upheld compliant it has or will be refused. Due to this complaint and the creditor putting the account on hold I had stopped payments, and advised them of this. To date, they have not contacted me about resuming payments since the complaint is resolved, but it has only been a few weeks. I am annoyed that they were not honest with me about not having the credit agreement, because that is not being transparent and I understood they should tell you if they do not have it.   I have two questions (but am open to anything else anyone would like to add): 1) Based on the above, does anyone think this account enforceable? I do not think it is? 2) Does anyone have any suggestions on how to proceed? I could resume payments and then settle early. If the above had not happened, I may have just done that. Thank you for any help or input anyone can provide. It is appreciated.
    • The main thing is to stop shoplifting because it could be worse next time. If you think you have mental health issues that led you to do this, please go and have a chat with your GP. They won't judge you and should be able to get you help if you need it. HB
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help needed fighting abbey


wushutel
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hi everyone...i have been trying, as we all are, to get back charges from abbey.they took nearly£500 in three months forceing me well over my od limit and worst of all out of my flat coz i could pay the rent!... to cut a long story short i wrote to them three times, latly to give them 14 days to come up with a "solution" ie my moneyback...firstly i was ignored, then got delaying" we are looking into it" letters ect. In between all this the oft/bank case went to court.Then i was told in a letter there would be no refund as they belived the fees were fair. i opened a parachute account, stopped using abbey and now have been asked for return of my card and repayment of 1200 overdraft! I have not been to the court yet as i have heard that because of the oft/ bank case is on hold...what should i do now? i am thinking should i write to the ombudsman or what? this is really stressing me out.

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I suggest that you spend a few days reading the FAQs and the step by step guide in the library section.

That will answer most of your initial questions.

Open your own thread in the Abbey Forum and post your questions and progress reports there.

This is a self-help forum. All the info you need is here, but you have to do the reading yourself.

 

Regards, Rooster.

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Might find this useful

Send this letter if the bank or DCA threaten court proceedings:

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

I refer to your letter of **/**/**, in which you advise of your intention to issue court proceedings with regard to the outstanding balance of my current account overdraft.

As you are aware, this account and the balance thereof is currently subject of a dispute. I can only assume your letter has been sent in error, as you must surely be aware that action such as that you propose would constitute breaches of the banking code. This matter has been discussed in correspondence with your clients ********* department and on **/**/** I received a letter from ********, which acknowledged no such action should be taken on a disputed account and did in fact apologise for previously suggesting otherwise. A copy of the correspondence to which I refer is enclosed for your reference.

Additionally, this action you propose is clearly quantifiable as retaliatory due to my own claim against your client to recover unlawfully levied penalty charges. To proceed as you have indicated would therefore be contrary to the statement of the Financial Services Authority of 6th July 2006 in which it ruled such action to be discriminatory. I also believe this action to be tantamount to a sanction imposed merely for pursuing my legitimate right of seeking a judgement from a court.

I trust your client is committed to upholding the standards of the Banking Code to which it subscribes, and would not hold its regulator, the FSA, in such contempt as to ignore its 6th July statement.

I will allow you 7 days to reply to me, in writing or by Fax only, withdrawing the threat of action imposed in your letter of **/**/**. If you do not do so, I will draw your client’s transgressions to the attention of the Financial Services Authority and the banking code standards committee, by making formal complaints and enclosing copies of all recent correspondence.

I look forward to your prompt response.

 

Yours faithfully

 

I went through pretty much of the same with NatWest, and am about to go through it all again with Abbey, so good luck with it all.

 

 

Important note to moderators/ site helpers

I've read somewhere and am therefore aware that you are trying to refrain from posting templated letters live on threads at present. I assue you that I tried to copy the link location and it kept coming up as an 'error' message. i apologise for any wrong doing.

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:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Glad to help:)

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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Hi guys ... the abbey has done the same here.... the account has been passed to DCA, whilst the claim for charges has been stayed.....

 

sent a letter similar to the above.... now awaiting a reply :)

 

Hi macushlamoon,

 

I've notice that all your posts are within the welcome forum, it will be a good idea to start a new thread in the abbey forum so that we can best monitor your progress and give you any help and advice a lot easier:)

 

In the meantime, good luck with it all and keep us posted.

:DSUCCESSESS:D

NATWEST01&02 won over 4k

See how

http://www.consumeractiongroup.co.uk/forum/natwest-successes/31683-muggins73-natwest.html

 

:)CURRENT CLAIMS:)

HALIFAX03

19-SEPT-07 APPLICATION TO HAVE STAY LIFTED

02-OCT-07 APPLICATION REFUSED

LLOYDS TSB04

10-MAY-07 LBA

 

ABBEY05

19-SEPT-07 LBA

 

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hi everyone....thought i should start a new thread instead of messing up the welcome page....had a couple of very helpfull replies but there is an issue thati forgot to mention and i think is important, maybe not...

 

.i have been trying, as we all are, to get back charges from abbey.they took nearly£500 in three months forceing me well over my od limit and worst of all out of my flat coz i could not pay the rent!... to cut a long story short i wrote to them three times, latly to give them 14 days to come up with a "solution" ie my moneyback...firstly i was ignored, then got delaying" we are looking into it" letters ect. In between all this the oft/bank case went to court....in amongst all this i had to move house and told abbey via one of thier official forms and handed it to the bank.Then i was told in a letter, that was forwarded to me.. there would be no refund as they belived the fees were fair. i opened a parachute account, stopped using abbey and now have been asked for return of my card and given me 28 days to repay the £1200 overdraft! I is obvious that they have not registered my new address,and they sent these letters to my old address so have given me no chance to respond !! i moved in july and i think they are being very crafty or is it me being paranoid..i cant believe they can loose such a form..I have not been to the court yet ...but i am writeing a letter as advised on this forum stateing that they are discriminateing me etc..has anyone else had this done to them and is there anything in the wording that i should say? .

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Hiya, Without sounding to blase about it. File the N1 and sit back and wait for them to respond. Everything is in limbo at the moment due to the test case, but it may end up moving sooner than you think. Either way, they'll do nothing due to the way things are at the moment.

 

A filed N1, will at least put you further up the queue when they do start paying out.

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dont forget to add the interest and complete a schedule of charges for the bank. while you are waiting you could ask for all your statements going back 6 years and then amend your claim to incorporate all the charges.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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keep on reading the site..i got almost £10k from abbey but be wary of ombudsman?? im busy doing lloyds over 6 years and their not keen so im using limitations act as evidence of concealment but you must start swotting up..no pain no gain..also mbna £5k and al&liecs £5k all paid back!! not bad eh..it can be done..try ombudsman they are doing some cases if they see fit good luck

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