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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
    • I have just opened another bank acc with lloyds (i have a few already) After doing some research they may have some relation to tsb or be apart of the same group will this cause me issue if my salary is paid into my lloyds account? Also, if the debts do go into default and nothing is paid then after 6 years it all goes away? As the DCAs cannot do anything? I do want to start paying in like 3/4 months or do you advise I leave it if it goes into default? again sorry for all the questions, i am just processing everything
    • one reply only  follow post 2 of letter of claim <<clickme link. dx
    • Sorry, I got confused  Yes, it states all three   Thanks, 
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Abbey bank charges - hardship rules- please help ***WON***


jcl
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I plucked up the courage to phone SHABBEY after waiting 4 weeks from sending back income and ex form, plus proof of illness, doctors info, hardhip etc.

First I got told, after saying I had not sent by rec delivery, they had not rec it. :rolleyes:MMMmmmm, very sly. I was then TOLD there is no such thing as a waiver under the hardship rules!! :p

I told her I was recording the call, so she passed me on to someone else who said they had rec my forms on the 20 October and are now in the hands of a case manager who will contact within four weeks from 26/10.

 

They make it up as they go along by way of delaying further. :evil:

 

Hazel

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Amazing what they come up with! But at least you know they have it. Hopefully they will get on with it a bit faster now.

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Hi Hazel and Seaside lady,

 

hope you both well,

 

Thanks for info Hazel i dont like to ring but get OH to do it Monday,

think its about 8 wks for us and if I dont hear soon i'm just going to go to the courts, I read a post were someone had gone to court under the hardship rules.

 

Good luck Hazel,

jcl

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Thanx for your kind words.....right now I want to SCRRREEEEAAAAAAMMM. :mad: They have just sent letter saying they are unable to consider us as a financiall hardship case. I did tell them we will have to go bankrupt but they are not interested.

 

So bankruptcy it is, then they wont get any of the 3 grand od back as the whole 11 grand they owe us will be shared amongst all our creditors.:p

 

Off to barclays this week to let them know of our intentions and to ask for a basic account, with the understanding we are going bankrupt. Have got the forms and half the money. I feel now, after being literally suicidle for 6 months, that I am emotionally strong enough to take on bankruptcy. List of to do's written up, what to transfer, cancel etc.

 

Kays have at least admitted now they owe me 814 quid so this, IF i get it before filing, will pay for the bankruptcy. 950, with interest:grin:

 

You are all lovely. I have been in and out of severe depression and this had tipped me over to the point of suicidle attempt back in May. I dont think you realise just how helpful you have all been. This has certainly tested my will. I am that peeved now, so bankruptcy it is.

If I get my inheritance after bankruptcy, then obviously the debts will be paid, unless my very warped father is lying. ( long story...child abuse etc). And if I dont get it, we will still be able to start afresh at last, alot more wisely next time around.

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Hi I've just had my hardship claim agreed after just 3 weeks. The money cleared my account today.

I was in contact with Ronan coyle. I spoke to him twice. First, I faxed my info to him and then three days after I phoned to confirm he'd received it. He said no and gave me a different fax number. Again, I phoned four days later and was told they had received it and it was being looked at.

I'm not at work today but when I am iI'll post the telephone numbers and fax numbers that I used.

Ronan Coyle seemed a really nice guy, despite working for Abbey. I was nice to him and thanked him for answering the phone knowing how busy he was.

Will post numbers tomorrow.

Buby x

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That is fantastic!!!! I'm so pleased for you!

 

Congratulations-2.gif

 

I will alter your title aswell. :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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hi folks-watching this thread with great interest-I started a claim with Lloyds just before the oft case-sent all the letters, spreadies etc but then couldnt afford the claim fee so haulted it-they owed me £6000+ with interest.

 

To start anew I opened an abbey basic account and started to rebuild but had previous debts that stemmed from me taking time off work when my mum was ill a couple of years ago. Abbey started adding fees(as much as £300 a month) and the debts got worse. At the moment we have a new ccj,(ironically for lloyds loan for £2000) and a repossession order for our mortgage. I am at the end of my tether-even getting up in a morning is an effort and I cry as I write this.

 

I dont feel as though I have the time to wait 40 days for a list of bank charges to start claiming against abbey-is there a short cut or anything?would I be able to get a list of charges or write just asking for a general reimbursement?

 

Also, who would I write to?

 

please help

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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JUBAXT Is one of your claims with abbey. If so they are the easiest of people to get your money back. My claim went through the court and like everyone else it got stayed.

I then, after about 9 months went for a claim under financial hardship and got paid 65% after just three weeks

Buby x

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Just another thought. At the abbey I spoke to a mr ronan coyle on 02077564398. He was very very nice. His fax no is 02076381112. I faxed my claim and then called 5 days later to see if they had received it. Perhaps give him a call and speak to him. Not sure he will do anything if your claim has not been stayed but you have nothing to lose in trying.

Buby x

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  • 3 weeks later...

Hi all,

 

I have not recieved any word yet from Abbey regarding my claim although my thread says won it isn't actually me that has,

not sure what to do at minute as i know from some threads that some who have rang and rang have been refused ( not sure if that jinx or what - ringing), has anyone else heard ?

 

regards jcl

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Hi all,

 

I have not recieved any word yet from Abbey regarding my claim although my thread says won it isn't actually me that has,

not sure what to do at minute as i know from some threads that some who have rang and rang have been refused ( not sure if that jinx or what - ringing), has anyone else heard ?

 

regards jcl

 

Hi JCL

When Abbey dealt with my claim they took 4 weeks in all but that was back in August. I did phone Ronan Coyle a couple of times and no one was more surprised than me when he kept to his word and actually called me back a week later with the offer of fincial help. It will do no harm in phoning him he is a nice chap and he will do what he can for you.

 

All the best

Tuttsi xx

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Hi All,

 

update, recieved 2 letters today from Abbey

 

1st letter dated 18th november they are only prepared to refund less than half of charges regarding 2 accounts,

up till now I have recieved my own letters for my account and my OH their letters for joint account but hey today we are wrote to jointly with both accounts numbers on it as on first reading thought it was just regarding the joint account untill re- read it (partially sighted),

anyway off shot is two accounts - charges taken total £8308.58 and refund is not even half, so to say I angry is a under statement and I know

there are people who have been refused and believe me I realy do care,

but how can they say qualify under hardship rules and then not even refund 65%.

Also letter says that if the OFT rule in Banks favour they will be in touch,

second letter contained cheque.

I wrote to Milton Keynes so any one take my advice and write to London

as it seems they are giving more back.

 

Question now is I am still entitled to go after the rest or at least 65% ?

I'm not greedy I not want interest just my charges in full or at least 65%

which is what others are getting.

Could I just ask if any ones charges were as much as mine or more and what % was refunded ( you dont have to tell me amounts just if near over and amount in % refunded),

 

Regards jcl

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Hi JCL,

 

If you accept the sum offered this will not stop you receiving the balance of your claim if it has already been stayed in court as this is an interim payment and under the FSA financial hardship rules they cannot make you accept this in full and final and you should not discontinue your claim with the court.

 

It is totally up to you, but the bank under the FSA Financial Hardship rules only have to consider your claim at this time and that is only until Jan09. Some of the banks are not making any payments until push comes to shove and you have already seen how Alex did not even get an offer.

 

Accepting this sum now will surely help you with your finances over the xmas period and just maybe the OFT test case will finish isometime n the New Year and the rest of you claim should then be met - obviously depending on the outcome.

 

IMHO, I would take the money now.

 

All the best

Tuttsi xx

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Hi TUTTSI,

 

Thankyou for reply,

 

I have not submitted court papers yet as Abbey told me in previous letters that courts were not accepting any submissions till OFT ruling so not sure what to do and wonder if I will recieve the remaining charges.

 

What realy gets me is that some people (like Alex) are being refused and others are getting more and some less, what gives Abbey the right to play God with people.

 

It is about time Banks realised that there are genuine people who want to pay off their debts and help them instead of kicking them in the teeth and keep taking charges after charges, If we are honest we have all taken credit out etc etc but peoples circumstances change for whatever reason

and they should be helped instead of a £25 charge turning into thousands,

Sorry for going on it just gets to me as I know people who have no intension of paying what they owe and dont give a ----, but some of us do and I cant sleep for worrying about it.

 

I appreciate your kind words and the help you and others have given me

in my cause it means alot to me.

 

once again sorry for going on but I get a bee in my bonnet - have always been for the under dog so to speak

 

Thanks again

jcl

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Hi JCL

 

I understand what you are saying, and itb is annoying not knowing how they assess each case. I also know peeps who have received 100% of their claim so there is no ryme or reason.

 

You could accept this as an interim payment and then take out a court claim for the whole amount less the interim payment. That way at least your claim will be in the court system and will be paid after the OFT test case. I take it you did the prelim letter and the LBA.

 

It is your choice at the end of the day on how much you need that money, what I do not know if they are negotiatable. Did you phone Ronan Coyle to discuss this!

 

As you suffer with Financial hardship you may find you are exempt from the court fees.

 

Best Wishes

Tuttsi xx

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As far as charges go - why don't the government tell the banks

 

One charge only for the 'breach'

 

Of course that will help the economy, more money to spend instead of being 'misappropriated' by the banks - but of course it is too easy an answer!

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