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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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**tilly** v Abbey - going waaaaayyy back


**Tilly**
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Crikey Tills, is there any Bank you haven't been with? :p

 

Just looking for info here. If the account was from 1998, would they still keep records going back that far. I'm sure there's legislation somewhere that says they only need to keep records for six years after closure of the account?

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...I'm sure there's legislation somewhere that says they only need to keep records for six years after closure of the account?
I am NOT aware of any.

The only proviso that a bank may legally be required to keep any data for 6yrs, is for Inland Revenue purposes.

I can't remember which Thread exactly which quotes this, but here's a few links for U to start with (...in no particular order!...lol)...

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/76009-yorkshire-bank-limitation-act.html

 

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

http://www.consumeractiongroup.co.uk/forum/legalities/11227-limitation-act-1980-lets.html

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/56333-big-claim-aginst-rbos.html

 

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/112152-dads-co-op-account.html

 

http://www.consumeractiongroup.co.uk/forum/barclaycard/85351-barclaycard-r-subject-access.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/80320-has-anyone-claimed-past.html

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/81857-dara-n-bs-beyond.html

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/20095-glenn-abbey.html

 

http://www.consumeractiongroup.co.uk/forum/natwest-bank/94778-my-golden-oldie-mum.html

 

http://www.consumeractiongroup.co.uk/forum/general/80683-please-post-how-far.html

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/83144-jules1973-abbey.html

 

http://www.consumeractiongroup.co.uk/forum/general/3598-do-you-have-charges.html

 

http://www.consumeractiongroup.co.uk/forum/general/107502-claiming-beyond-6-yrs.html

 

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/49090-maxine-barclaycard.html

 

...etc etc etc!...:rolleyes:

 

Am bored now...can we play another game??...:p

 

 

...:)

  • Haha 1
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Glad to see you finally on your way in here.

 

Go get em girl!!! :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

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F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

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Abbey will say that they only keep records as far back as 6 years from today, and after the new regulations came in from last December, that is all they are obliged to keep, so dont expect anything from before Feb 2002, but you might get lucky :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hopefully you wont have to wait to long for them. But im sure you will have plenty to keep you occupied. :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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  • 6 months later...

This one has been left long enough i think :rolleyes: recieved statements for last six years back in march, now i thought the account was opened in 1999, but in fact was opened in 1979 :eek: do i go for the 29 years or stick to the 6 years :D

 

 

 

 

 

Tilly

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Hiya Tilly,

 

Browsing through, if you are making a claim against Abbey you may be able to include your hardship.

 

So when you do the pre-lim you can also include all the evidences for your claim. Abbey have just paid me 65% of my claim on the new FSA waiver rules.

 

If you need any help just shout.

 

Good Luck

 

Tuttsi xx

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You can try going for the full amount of years. Whether you get them or not is a different matter. But you need a project to do, and we can't have you getting bored, so go for it..!!! :D

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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You can try going for the full amount of years. Whether you get them or not is a different matter.

probably not but might as well give it a go :D

But you need a project to do, and we can't have you getting bored, so go for it..!!! :D

 

 

Here we go again :D

 

I think i need to go and read macboy's thread again :shock:

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  • 9 months later...

Right this has been put on the backburner for long enough.

Had sent a sar and recieved some statements last year but have been mislaid somewhere along the line:rolleyes: so will be resending.There are 2 accounts one was a savings account the other was current account or what ever it was callled wayyyy back then lol. both accounts go way back one i know goes back to at least 1991 and the other 1979 but not sure which one is current account so will be interesting to see what they send got the bit between me teeth now abbey here i come :D

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Hiya Tilly

 

I have a claim against Halifax going back 19 years. This is a tough one to crack as you will have to read up on cases like sempra v Inland Revenue - heavy reading + you have to have all your arguments. For hardship Abbey will only look at the 6 years period.

 

The test case is still ongoing and I guess untill this is resolved the easiest way is to do advise them of youir 20+ claim and list all the charges and stat interest. If you went for compounded interest it would probably come into the many thousands.

 

At the same time tell them about your hardship, here is my letter which I sent to their legal dept as my case was already stayed at the courts. But you can adapt it to suit:-

 

ADDRESS

TEL/FAX XXXXXXXXX

EMAIL XXXXXXXXXX

 

FOA: Mr Ronan Coyle

Location Code TS6 D03

Abbey National PLC

Abbey National House

2 Triton Square

Regent Park

London NW1 3AN DATE…………..

 

BY RECORDED DELIVERY

Dear Mr Coyle

YOUR NAME

ABBEY ACCOUNT NUMBER:- XXXXXXXX

CLAIM NO:- XXXXXXX

I am writing to you regarding my claim and my financial hardship

situation which I understand meets the FSA’s recent update to the

complaints handling waiver and their guidelines on financial difficulty.

I would like to attach documentation in support of my hardship

case which evidences my extreme financial difficulty, as follows:-

1 : An updated spreadsheet showing my claim value as £XXXXXXX with Abbey at the present time.

2 : A Joint personal budget sheet which shows a monthly deficit of £XXX

3.

4.

5.

6.

HERE WRITE A DESCRIPTION AS TO WHY YOU FEEL YOU ARE A GENUINE HARDSHIP CASE AND THE EFFECT IT IS HAVING ON YOU/ AND YOUR FAMILY, ETC ETC….

Change these paragraphs to suit

My husband and I are currently finding it very difficult to cope during the present economic climate coupled with the real threat of losing the residential home as a result of the suspended possession order.

This financial situation is putting a terrible burden on both myself and my family, and I please ask that you reconsider my claim and my circumstances given the current waiver criteria and the banking code.

I look forward to hearing from you shortly.

Yours sincerely

xxxxxxxxxxxxx

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  • 2 weeks later...
My claim goes back to 2001 and I have claimed under hardship, but they are refusing to pay out due to the statute of limitations act, so we are now at a deadlock. Good luck with yours though and let us know how you get on xx

 

This happened with me with The Halifax with an 19 year claim.

 

I have issued court papers and it has been stayed.

 

Just sitting and waiting for the test case to be over. They did not defend the statute of limitations so we will have to wait and see.

 

Others in the past have done it.... and so with the right POC, we should have a chance.

 

All the best

Tuttsi

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Ok SAR done and posted, sit back and wait too see what they send :rolleyes:

 

 

haven't you got your statements all neatly filed in date order for this a/c?:confused:

 

 

bet you a quid you get a letter saying " go forth and multiply!":p

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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My claim goes back to 2001 and I have claimed under hardship, but they are refusing to pay out due to the statute of limitations act, so we are now at a deadlock. Good luck with yours though and let us know how you get on xx

Providing the account isn't closed they have a duty to assess for hardship going back to charges from 27th July 2001. If the account is open then remind them of the FSA letter from 19th March 2009 with regards to guidance on Data Retention(FSA Waiver 13.5)

 

Apologies for minor thread hijack.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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