Jump to content


  • Tweets

  • Posts

    • The 3 pieces of mortar that fell on the same day, at the same time, were approx. 25-30cm long and weighed around ½-1 kilo each from a roof that is above the 2nd floor; they were by no means tiny pieces of mortar but large chunks falling from a rather great height. I believe the size and weight is enough to cause serious injury and if it falls on your head, I assume it could potentially be lethal if unlucky, but we don't wish to put that theory to test... We can't in good conscience let a contractor install a patio and a gazebo as it is in the exact spot where the mortar fell, nor do I think anyone would be willing to take the chance. Looking at the roof, there are multiple other remaining pieces from the same 'line' or 'row' of mortar that can potentially fall. The mortar is right underneath the slate tiles on the neighbour's roof and I don't know whether the tiles are also (becoming) lose due to the loss of the mortar. I was trying to upload a photo but it seems it's not allowed. The first contractor to work in our garden in preparation for the patio and gazebo is scheduled to start on 10th June, that leaves the neighbour 5 workdays to sort their roof which is unlikely, so it seems we will have to postpone our patio contractor without knowing when they can come back. We have already had extensive work done in the garden in preparation for the wedding reception and it will become very costly for us if we have to move the wedding reception to a venue (if we can even get one at this short notice) rather than have it at home which was our dream.
    • Is this sufficiant for a letter of claim  ? Letter Of Claim       Reference: Techzone Mobile Phones Samsung A71 Mobile Phone £140 Purchase date 29. 5. 24     I the claimant purchased a 2nd hand Samsung A71 mobile from Techzone Mobile Phone unit 10 of the indoor market at the Potteries shopping centre. Initially the phone worked well until I used the camera and found debris in the camera lens spoiling pictures making it not fit for purpose. I contacted the seller who offered a replacement which I initially accepted but later rejected and wanted a refund in full which the seller refused saying they Do Not give refund is unlawful and goes against the Consumer rights act 2015. Therefore I intend to issue proceedings against you in a county court without further notice unless you reimburse me the above amount in Full within 7 days from the date of this Letter     ------------------------------------------    I think its best if i hand him the letter as posting it might not get through so can claim expenses traveling up there ?   or would it be best to just post and get 'Signed for'  ?   Should i also put in the letter of claim interest added or leave that till the Particulars letter ?
    • Ok thanks, I really need help with my mental health over this I’ve called 111 Hi sorry just one more thing can they contact my workplace?
    • Sorry to shatter your leftie dreams 🤣😂🤣😂     Donald Trump gets a SIX-POINT bump in approval after being found guilty on 34 counts according to snap Daily Mail poll: 'I think it was a waste of taxpayer money' WWW.DAILYMAIL.CO.UK Teflon Don rides again, according to an exclusive poll for DailyMail.com which found that the guilty verdict in Manhattan... James Johnson, who conducted the poll, said Trump might be waking up as convicted felon but he was winning over the voters who matter.   Our snap poll of a representative sample of likely voters shows that for most Americans the trial has not changed their deep-set views of Trump,' he said.  'But amongst those who are open to changing their mind, people feel more positive by a margin of 6 points. That is outside of the margin of the error of the poll and we are saying that is significant. 'It extends to Independent voters too. Look at the explanations and it is clear why: people feel it was a politically motivated trial and view Trump as a "fighter" against what they see as injustice.     
    • Which Court have you received the claim from ?  Civil National Business Centre Northampton NN1 2LH Name of the Claimant ?  PRA Group UK Portfolios LTD   How many defendant's  joint or self ?  Just my self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.    24th May 2024   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total)  if your defence filing date falls on a W/End, you must file by friday @4PM     Particulars of Claim   What is the claim for – the reason they have issued the claim?  The claimant claims the sum of £22,000 for an outstanding debt owed. On 30/1/18 the defendant entered into n agreement with Lloyds Bank Plc for a bank loan under the reference 10017#######. On 4/1/19 the defendant defaulted on the agreement with an outstanding balance of £22,000. On 30/11/22 the debt of £22,000 assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on 30/12/23. Notices of assignment were sent to the defendant in accordance with S136 Law of property act 1925. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND the claimant claims 1. The sum of £22,000. What is the total value of the claim?  £23,500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address?  No - N/A Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Bank loan When did you enter into the original agreement before or after April 2007 ?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  I believe it was done online on their app Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ?  Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt was with halifax, whom passed the debt to PRA Group. Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes Did you receive a Default Notice from the original creditor?  I'm not completely sure at it was nearly 6 years ago, I have done a CCA request and they have sent a screenshot of their system showing it was sent. Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  Yes Why did you cease payments?  Couldn't afford to make payments. What was the date of your last payment?  August 2018 Was there a dispute with the original creditor that remains unresolved?  No Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  No
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Simon & Jo V Abbey


spgoldy
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6182 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hiya to all that are reading this.

W have just drafted our first data protection letter to Abbey and we're sending it off in the morning. We thought that we would start our thread from the very beginning and keep it up to date with the comings and goings. We have read a few of the other posts - makes us wonder what we are getting ourselves into!!

If there are any tips anybody could offer, then please feel free to pitch in!!

Regards.

Simon & Jo.

Link to post
Share on other sites

  • 2 weeks later...

Hiya,

 

I haven't had any replies yet, so I thought I would put the question up again.

Has Abbey threatened anyone with withdrawal of their banking services?

I ask because we cannot really bank with anybody else (long story) and I just need to know before we 'dive in'. I have seen some correspondance on other threads that says 'don't worry, you can pay off the overdraft with what you win at court', but this doesn't help us!

 

Someone please help.............

Link to post
Share on other sites

  • 1 month later...

Hiya all,

 

Finally got a new bank account sorted (only taken a few months....) we have sent our first letter off, I reckon that Abbey now owe us something in the region of £20,000 in charges!!

 

We shall see what happens in 40 days.

 

Regards. :)

 

Simon & Jo

Link to post
Share on other sites

Just another thing..... I have looked all over the place for the timetable that i should be sticking to. Does anybody have a link that I could use??

I'm all fired up now and brimming with confidence, now I have read the other threads!!!

Link to post
Share on other sites

  • 1 month later...

Hiya all,

 

We have received our staements back for the last 18 months - as the rest are held on microfiche 9ususal response). I am just drafting our preliminary letter and wondered if there was an example spreadsheet that anybody has??

We have moved banks and Abbey are now getting a right shirt on, stating that we have to pay back our overdraft immediately and send back all of my cheque books and cards! Should I ignore their request or enter into some dialogue to pay the money back - ie personal loan??

 

Thanks.

 

Simon.

Link to post
Share on other sites

Hey,

 

You'll never guess what. All of our microfiche records turned up today, dating right back to when we opened our account!!

 

I would say the game is now on!

 

Only thing, I have estimated my charges to be over £4100 for the 16 months. If I go back any further and try to reclaim further, does that make it harder for me to claim at the County Court??

 

I would appreciate some advice!

 

Regards.

Link to post
Share on other sites

Hi Ya

 

If you go through the small claims track the maximum you can go for is 5k that excludes any charges and interest etc, I think.

 

If your claim is over the 5k then you could consider going for 2 smaller claims ( which is what I'm doing as SHabbey messed me around with the statements, no surprise there :grin: ).

 

I think also ( hopefully someone will correct me if I'm wrong ) but you can go through the court sysytem with a larger amount hopefully someone will post with more details.

 

Also whatever you do make sure you keep a copy of everything you send, and send it recoreded delivery. I've kept everything in a committed folder with all the letters and the little orenge slip stapled to the letter.

 

Hope this Helps

 

Andy

N1 forms delivered to court for Barclays

50% rejection letter sent to DLA

( Abbey )

Link to post
Share on other sites

  • 3 weeks later...

Hi all.

 

I have put together my claim and sent my LBA on 21st November.

Abbey have now suspended my account and are lodging a default because they want £3600 back from me. They were very suprised when I told them that we would sort it at the courts!!! All I want is for them to write the debt off.!!

Will let you know what happens.

Simon.

Link to post
Share on other sites

  • 1 month later...

Hi all,

 

Just a quick update from us.

 

I calculated our bank charges over the past 18 months to be £4518.91 in total. I compiled the spreadsheet and sent it off, expecting a lengthy battle.

 

A reply came on 7th December, stating that the charges were not unfair and that the OFT ruling only relates to credit cards and not bank charges, so therefore, the bank charges still applied. They did offer £1800.00 as a goodwill gesture - a large sum really, compared to that offered to some.

 

This week, I have had a letter from Abbey's debt management and recovery services to get £1900 from me. Of course, I mentioned that I was taking court action so they said I was being unreasonable and have passed the account back for them to take court action.

 

I am preparing my court papers tonight for the adittional £2700 (ish) as it has now been some 6 weeks at least since i last heard from them.

 

Please feel free to offer any suggestions.

 

Simon.

Link to post
Share on other sites

  • 3 weeks later...

Hi again.

 

I am online at www.moneyclaim.gov.uk and I am at the prticulars of claim field. Only problem is that I can only put 1080 charachters in and the template is 1900 odd characters - I can't get in the information that I want to!!!

 

Does anybody have a draft template with 1080 characters that I could use please (or offer any good advice on how to slim down the original)??

 

Thanks very much.

 

Simon.

Link to post
Share on other sites

Thanks very much for that!! - I opted in the end to still use MCOL and I found a scaled down version:-

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

 

It's now in the hands of the courts. I would appreciate any further advice as to what happens next and what I should expect from Abbey.

 

Regards.

 

Simon.

Link to post
Share on other sites

  • 2 weeks later...

Hi all,

 

I lodged my information with MCOL and waited for a response from Abbey.

I have had an acknowledgement of the claim, stating that Abbey are intending to defend all of the claim...... signed by a james Arrandale (stating he is a solicitor working on behalf of Abbey).:eek:

 

I imagine that they are now claiming 28 days to enter a defence.

 

What should I be doing now?? and do I need to start worrying?:idea: :?:

 

Thanks in anticipation.

 

Simon.

Link to post
Share on other sites

Dear all,

 

I have received an acknowledgement of service from MCOL. Abbey have stated that they intend to dispute all of the claim and I imagine that they will wait 28 days before filing the particulars of the defence. The acknowledgement was signed by a James Arrandale (Abbey solicitor).

 

What do I need to do now? Just sit and wait for them to file their defence??

 

Is this just scare tactics??

 

I would really appreciate some advice!!!!

 

Regards.

Link to post
Share on other sites

Just one other thing - my wife is really concerned that we will be really stung badly if all goes pear shaped and Abbey win the case.

 

Would we be stung for lots of costs etc??

 

has anybody lost a case against a bank?? what were the financial costs??

 

Cheers.

 

Simon.

Link to post
Share on other sites

Simon, Oh ye of little faith. As far I can tell, Abbey always settle at some point between you filing your Court claim and the Court date. Doesn't mean they will in the future, but there we are. But suppose they actually defended in Court (LOL), and suppose you lost (can't see how, though, but just suppose), Small Claims would be extremely unlikely to result in costs against an individual (unless they took the p**s out the Court system). Fast Track (generally claims >£5K but not a hard limit) is costs against limited to £750 (again unless the claimant took the p**s). Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites

Hi again.

 

What a state of affairs. two things:-

 

1) When I had my account closed by Abbey, there was a balance of £1900 on it - my overdraft, which they wanted to be paid there and then. I have told them that I was prepared to pay it at £50 a month - even though they owe me just under £3000!!! They refused this, saying that I should pay £100 per month. When I said that I wasn't prepared to pay this, they put the phone down on me......

Yesterday, I had a rude phone call, telling me if I didn't pay the balance within 7 days, I would be taken to court for recovery of the money......??

 

2) On the same day, I have received a letter from a Marc Winder who says his team are going to re-investigate my claim but this will take four weeks........

 

3) And another letter from Triton Square, stating they are lodging their defence and that they don't have a copy of the spreadsheet that I sent twice..... They also want my e-mail address and my mobile number......

 

So, is this bully boy tactics?? do I worry about the final demand for payment??

 

I'd really love some good advice as I don't want a CCJ against me - I did tell them I was taking Abbey to court but they are not interested at all. All that was said was "What is your debit card number so you can pay now.........".

 

Look forward to a reply!

 

Simon.

Link to post
Share on other sites

Hi Simon,

 

There's a template in the file for accounts in dispute, so I would send them that, and maybe agree a 2-5% repayment on your o/d until your claim is settled.

 

As for the request for contact details it seems to be standard prcatice but most of the posters on here opt for just the e-mail. I am just about to file my claim against them for a similar amount and I've had a GOGW for a similar amount as well, and I've had the Marc Winder letter too!!

 

The solicitor you mentioned in an earlier post (James Arrandale) seems to be the man who is in a position to make the settlement decisions, so he's the man to keep sweet.

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.

Link to post
Share on other sites

Send them this:

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

Re: Account in dispute

 

I am writing to clarify that I am currently in the process of requesting a refund of bank charges unlawfully made to my account. These charges are the subject of a claim (No XXX) in the County Court.

 

I note from your latest correspondence that you are proposing to issue me with a Default Notice on this account - I need to make you fully aware that I am disputing the sum owed and, as such, you must refrain from any further action until this dispute is fully resolved.

 

If you do not stop this default action and proceed by making any adverse comments on my credit reference files, I shall be forced to take legal action against you under the Data Protection Act 1998.

 

Yours sincerely,

 

 

And another letter from Triton Square, stating they are lodging their defence and that they don't have a copy of the spreadsheet that I sent twice.....

Yes, but not to Abbey's legal dept who are now dealing with your claim. Just send them another.

 

They also want my e-mail address and my mobile number......

 

Tough!!
Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...