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    • Hi Wondered if I could get a little advise please. I entered into a commercial lease (3 years) and within a few months I had to leave as the business I was trading with collapsed. I returned the keys to the landlord and explained the situation and no money, also likely to go on benefits but the landlord stuck to their guns. They have now instructed solicitors to send letter before action claiming just over £4000. The lease was mine and so the debt. I know this. I have emailed the solicitors twice to explain I am out of work and that with help from family I could offer a full and final settlement figure of £1500 or £10pw. This was countered by them with an offer to reduce the debt by £400, or pay off the amount over 12 months. I went back with an improved full and final offer of £2500 or £20pw. This has been rejected with the comment 'papers ready to go to court'. I have no hope of paying the £4000 and so it will have to go to court. Pity as I have no debts otherwise but not working is a killer. I wondered if they take me to court, could I ask for mediation? I also think that taking me to court will result in a pretty much nothing per week payment from my benefits. Are companies just pushing ahead with action even if a better offer is on the table? Thanks for your help.
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Simcap v Scabby National


simcap
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Guest Mumofthreeboys
No. I sent my DPA long long ago. Then I sent an LBA for my statements and got no reply, so now I an filing an N1 form for non-compliance.

 

But, I do have statements back to middle of 2004 with a total amount of fee = £5940.00. So what I need to know is do I sent a letter to Scabbey asking for the money or go strait to the courts?

 

Simcap.:confused:

 

I'm lost, you don't send an LBA for statements. The LBA is Letter Before Action i.e. last chance before you take them to court for what you're owed. You can't take them to court if you don't know what they owe you :confused:

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Sweet as.

 

Tomorrow I will file the N1 for non-compliance and send the Scabbey a letter asking for the money I have statements for.

 

No problem. Sorted.

 

Not confused and more ??!!* I think.

 

Ok who's going to put the spanner in the works and add a ps to re-confuse me?

 

Simcap.:confused:

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This is the LBA I sent to make[me laugh] them send me my statements. It didn't work, so now I go to court. yes?

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: *********

You have failed to comply with my Data Protection Act Subject Access Request dated 8th June 2006.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

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Guest Mumofthreeboys
This is the LBA I sent to make[me laugh] them send me my statements. It didn't work, so now I go to court. yes?

 

 

Sorry, being a bit thick (not for the first time) ;)

 

I guess you do then, that's what's in the letter.

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Have done letter to Scabbey but have given them 14 days to reply then I will send the standard 7 days for the LBA, giving them a total of 21 days to respond. Is that fair enough?

 

Simcap.:confused:

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I just have to ask. Does this sound totaly farsical and nonsensical to anyone else.

 

We give the banks the option to pay us the monies that are outstanding, OK.

They refuse to pay because it is not there fault (so they say).

Then we take them to court.

They dont want to disclose any information about how they get to there charges.

WE WIN!!!

 

Then they have to pay us our charges and interest and costs back.

 

Now in my mind that is very bad business as they are paying out more money than they could if they paid up at the start and they are still lossing face.

 

No sense at all.

 

 

Simcap.:confused:

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Yes, you are right. Being a member of this site slightly blinkers you to the others who don't know about it.

 

Sent letter to Scabbey today, so 22 days and counting (21 days tomorrow when they get it.)

 

Simcap.:confused:

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snap i was sent the exact same letter about five days ago worded exactlythe same surprise surprise so now i have to send another stupid letter thatll just be ignored as well how very irritating there computers are

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Finally got round to doing my N1 for non-compliance. Will take it to my local county court tomorrow sometime. Hope I don't have to explain why it's on an N1 form. Will take some other peoples claim details with so they can check against them if there is any problems.:D

 

Simcap.:?

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With one thing and another I have not got to the Courts yet, but I am determined to get there before the end of the week. I mean they are within walking distance from home. That sometimes makes it harder than being far away.

 

Simcap.:confused:

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Shocked AND Stunned!!!!!!

I am shocked and stunned.

You may have guessed by the biginning of this note that I am shocked and stunned.

When to my post box this morning expecting the normal "do you need home, car, pet, garden, garage or toilet insurance", but NO. There sitting at the bottom of an otherwise empty post box was a big envelope from.... thats right, the Scabbey National.

You see I must have foresight, Because if you have been reading this thread, you will know that I have been trying to get to the Courts to post an N1 for non-compliance. But I don't have to now as all my statements turned up this morning. Copies of microfiche's.

I have to go to work now but cant wait to get home and have a good look through and fill out my spreadsheet to work out the final figure.

It's like having an early birthday and getting a present you have been waiting for for ages.

All excited.

Simcap:grin:

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Are you shocked and stunned Simcap? I never would have guessed :-))

 

congratulations, I remember the feeling when my statements arrived and then the shock when i had added up all the charges, no prize for what you are going to be doing this evening :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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excellent news - I was soooooo excited when mine arrived!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Just added up my new statements and things aren't as bad as I first thought.

 

Total charges =£8,687.00

Total Interest =£1,031.73

Total =£9,718.73

 

Still going to do two claims, unless you think this amount is worth going for in one hit. (Wife will have to wait a bit longer for her car now.)

 

Simcap.:confused:

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ill have to wait a bit before we get our nice shiney new car courtesy of abbey or should i say me,as we have two cases going at the same tme one with the scabby and with the alliance

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I have already sent a letter to the Scabbey. Now I have my statements can I send another letter with new amount, but continuing the clock from when I sent the first letter?

 

Also, I will probably be fast tracking this claim. Do you have a rough amount that it may cost?

 

Simcap.:?

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I would send them another letter, but the clock is still ticking and I think it is £250, but I stand to be corrected :-))

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ihope to god scabby dont chose me to make an example of by actually appearing in court.Mind you i could sell my story to the papers cause there waiting for the first case where they turn up and it,ll probably be me!!

 

 

I WILL BE DONATING 5% TO THIS SITE

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Why would they? They would have to explain their charges & none of them have been willing to upto now.

 

With you there the court ain't going to just accept their argument as being fair & reasonable without evidence to that fact.

 

If they do turn up it'll probably be to make you an 11th hour offer for less than claimed in the hope you will accept & if you don't they'll probably request the judges clerk delay things for a little longer (30mins) & then offer you the full amount with a confidentiality agreement attached

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Kia don't be so negative. If they go to court with you, you can make more money by selling your story. But they wont because they want to keep their secrets.:x

 

Simcap:confused:

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Got the standard letter today from Scabbey about sorry you are unhappy.

 

We have all seen this letter everywhere, but there is a bit in the letter that tickled my fancy.

 

....I know it is important to you that we resolve your complaint quickly, but we want to do a thorough investigation and sometimes this can take time. If we have not contacted you before then, we will write to you in four weeks to let you know what is happening.

 

When???

Simcap.:-?

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