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    • In 2008 Barclays were challenged on unlawful charges.   Shortly after Barclays terminated the overdraft and the account was closed....apparently banks were known for this behaviour at the time.   Although a  termination letter was served Barclays never sought payment, nor did they enforce.   Barclays sent annual statements until 2019 and the overdraft was registered at the CRA as a "live" account with a status of 6 (the worst status)..   The bank decided to write the balance off in 2019 and update the credit file as settled, although the negative data remains.   In 2019 the bank was informed that the account was statute barred in 2014 and the negative data should not have been recorded on the credit file between 2014 and 2019 - the bank disagreed.   The credit file continues to show the negative data and will not drop off untill 2025.   The damage continues as a loan was declined last week.   Is it fair to damage an individuals credit status for 17 years?????....   Barclays seem to be in breach of the FCA 6th principle of treating customers fairly, the DPA 1998, and the GDPR.                    
    • God where did you get that useless war and peace from? should have ignored them totally until or unless you get a letter of claim.   its not a penalty its a speculative invoice . make 1000% sure pcm have your correct address either on a letter you have already written or a new one   they have 6 yrs   C an you please pop all those photos into one multipage pdf please read our upload guide carefully.  
    • Yeah so based on what you say, legislation would allow for a claim to housing benefit, your local council may argue/refuse owing to regulation 9, but as long as your sister has another property where she can prove she lives i.e. paying council tax etc, you can prove tenancy is above board and she would evict for none payment of rent and treat you like any other tenant, they should lose at appeal, if it had to go that far.   As you are in receipt of PIP then you should be exempt from bedroom tax, but if you only have 1 carer stay over each night, you may only be entitled to the 2 bedroom rate, obvioulsy if you have 2 carers  per night, then you should get the 3 bedroom rate as each carer will be entitled to thier own room.   Just a thought, are you staying within the same council area, as if you move to another council area, I think you would then have to make a claim to Universal Credit.
    • Who took you to court who was the claimant? anyway you are safe to not worry about their threats  in fact it would be a very positive thing to get it back into court as i bet you were scammed in the first place.   Shame you opposed the co as it would only have been a restriction k which on a jointly owned property is all but useless. You saddled yourself with a payment scheme.   Dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Glenn Vs Abbey


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Well sent of the SAR as per my signature, today received the standard microfiche not being a relevant filing system letter from Abbey.

 

So tonight ill send them the 'standard' i think it is and ill claim if they dont provide within the relveant time.

 

the party has started, now all i have to do is enjoy myself.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Decided today that since i have some historical data to work with i will make an estimated claim for six years worth of bank charges.

 

I have two abbey accounts that are from 97 and 99 i think, so i want to make claims for everything.

 

Ill get one claim started them make the others against abbey as i go along to keep all claims in the SCC and try to prevent claims being amalgamated.

 

I reckon that my 1st claim to abbey based on histrorical evidence will be worth 4200 plus interest and other small charges.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Make sure you get well down the line with the first claim before starting the second. You don't want to risk an amalgamation.

  • Confused 1

;) nn

FAQs: click here: http://READ THESE

 

Any views or opinions expressed are in good faith, to the best of my ability. I don't like to admit it, but I have been known to be wrong. Check other threads and if in doubt, seek professional advice.

 

 

Abbey: SETTLED IN FULL:lol:

BoS M/card SETTLED 27/09:lol:

Aqua CC (Halifax) SETTLED 28/06 :lol:

GMAC Request for refund 14/6; Prelim 31/7; LBA 11/9

First National Mortgage Data Protection Act sent 14/6 Statements 26/7

Cap 1 - SETTLED IN FULL:lol:

Abbey x 2: 50% offer refused AQ filed

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Thanks NN

 

i guess i had intended to get the 1st claim filed in court, if it goes that far, before getting started on the second claim.

 

If you have any specific advice then id be happy to hear it, im very new to all this lark.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Right how does this sound for an estimated claim.

 

I have 27 months of statements from 97 - 00.

 

I entered those into the vampiress spreadsheet (thanks for that) including the interest charged.

 

I then adjusted the charges to those current.

 

I divided the resultant total by 27 months (both interest and charges) to give a monthly estimate.

 

Then multiplied by 6 years, sadly this would put me well into the fast track and liable for big costs if i lost, so i reduced it to three years giving me a total of approx 4850.

 

just means i will have to claim several times to get all the chagres back assuming i win :-)

 

For those experienced in providing estimated claims did you give any bacrgound or just prodcue a month by month schedule for the bank when you sent the claim in?

 

Cheers

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I just produced a yearly figure and calculated the interest from 1st June, and then my statements came, You are ok to go with the estimated, but dont forget to put in the letter that this is the estimate, subject to reciept of your statements and that you reserve the right to amend the claim.

 

Hope this helps

 

:-)

  • Confused 1

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Well just prepared my prelim letter with my estimated claim, 4386.00 plus interest for a three year period. (edit : recalculated to redcue the net claim to less than 5k incl abbey interest paid-its an estimate if the bank cares to send out all the information Ill revise accordingly for value and period if necessary)

 

I am planing to send out this in the morning see what the abbey think about that!

 

I wonder how quickly they will respond to this!

 

Wish me luck, im going in !!

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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  • 2 weeks later...

Right i thought i had a couple more days unitl i looked at my chart, seems the 14 days for the prelim letter expires today.

 

So im doing my LBA two questions.

 

Anyone know what the abbey interest rate is for exceeding the OD limit?

 

ANd with Sec 69 interest we add it to the total claim if we proceed to court. If were claiming the contractual rate, anoyne know it sounts towards the 5K limit for small claims since Sec 69 doesnt and this is in place of that?

 

Cheers

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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I have to finalise my LBA for one of my abbey accounts, however, im in two minds whether to amalgamate both my accounts and inlcude them in a single LBA covering the period both accounts were active 1997 - 2006.

 

Is this feasible/acceptable?

 

I know about the Limitations issue and recognise this wont be simple.

 

However, my query is more to do with claiming the contractual interest rate which would take me well over the 5k for small claims (i have estimated a claim for 3 years on one account and this comes to a little less thant 5K without any interest other than what i have paid).

 

The reason for wanting to amalgamate my claim is that for one of the accounts the Abbey havent yet provided me with 5 years worth of statements. On this account I have estimated that charges plus interest paid at current rates give me a claim for 3 years of a little under 5k.

 

I have almost every statment for the other account, however, the amount owed represents a relatively small portion of my total claim.

 

My thought is to amalgamate both claims and where i have actual data to use that. Where i dont I propose to apply a nominal rate and add contractual interest (if i can find out what the Exceeding o/d rate is i will apply that).

 

I have been told that estimating claims should be for the small claims, However, my wife and i have discussed this at length and unless there are pressing legal reasons why we shouldnt go for the fast track i think we will go for the lot in one go.

 

I do recognise that we could lose substantially more than the 750 oft quoted.

 

Any thoughts appreciated, particularly the mods.

 

Regards

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hiya Glenn

 

Basically your questions are -

 

Does the contractual interest count within the limit for small claims ?

 

Yes, but im pretty certain that it does after reading through some threads after posting this.

Claiming beyond the 6 years ?

 

Yes, apart from the obvious arguments

 

and

 

Putting a partially estimated claim in fast track..... any reasons why not ?

 

Thats right, I am going to write to Abbey prior to the DPA non complaince action and see if i cant get them to move on their position but im not too sure they will change prior to Sept 6th anyway.

 

is that right ?

 

I'll try and help - they are questions that need a bit of research on my part - but I'm happy to help until a Mod who knows comes along....

 

Thanks for the offer of assistance, I guess i am after legal reasons, not necessarily in depth because i expect to do the reading myself. We have come to the conlcusion that it may be better for us to lump everything together in a sinlge claim rather than poitentially make four seperate claims.

Hence the question amalgamate claims for both the sinlge and joint account. Include estimates for the periods I dont have statements for (primarily the single acc) and also include the period prior to 6 years.

Karne

x

 

Cheers for your thoughts I hvae issued the prelim and the 14 days has expired so i can enter the LBA any time from now. Im not too worried if it goess a week or so over. As far as i can make out if i hjave given them more time it wont hurt.

 

I am also going to write to the Abbey asking for confirmation of what records they hold in terms of age. One of our esteemed memebrs wrote to them asking them aboiut this issue and received the information he required pretty quickly.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hello Glenn

 

I too am going fast track on an estimated claim(£10,500), and you say that you could lose substantially more than the £750 quoted by the oft? I don't really know enough about the fees and costs etc. at the moment and was wondering what would make the claim cost more than this?

 

I thought the maximum £750 costs that the defendant could claim, if you lose, was set by the courts not the oft?

 

Thanks

Phil:)

This is only my personal, honest opinion!

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Data Protection Act disclosure request

 

Dear Ms. Speed

 

Account Number: xxxxxxxxxxx

Following my earlier correspondence and your response we are getting close to the end of the permitted 40 day period for compliance with the Subject Access Request I made in respect of the above account.

 

In an effort to avoid the possibility of having to take court action to force the Abbey to provide the relevant data, I am writing once again to request a complete list of transactions and charges relating to my account since I opened my account – in short, a list of charges with dates and amounts – alternatively, a complete set of account statements for that period will be acceptable.

 

In addition, I note from your correspondence that ‘Abbey is not normally required to hold past transaction details on accounts for more than six years, we’re therefore unable to give you all the details you’ve asked for’.

 

This implies that all my data older than six years old has been destroyed.

 

For the avoidance of any doubt are you stating that the records for the above account older than six years no longer exist?

 

For your information I have spoken to a former employee who informs me that Abbey hold data going back to the 1920s. This former employee worked in your microfiche retrievals department, General investments, Milton Keynes I believe.

 

This letter has been sent by first class recorded delivery, and therefore should have reached you by 22nd August 2006 – as you will be aware, as of this date you have just 9 days in which to comply with my request. I expect this to be provided within the time period for Data Protection Act compliance.

 

Should there be any further attempts to delay compliance, I will be left with no alternative but to commence a County Court action under section 7, and section 15(2) of the Data Protection Act 1998, and in due course, escalate this matter into an official complaint to the Information Commissioner and the FSA.

 

Yours faithfully,

 

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hello Glenn

 

I too am going fast track on an estimated claim(£10,500), and you say that you could lose substantially more than the £750 quoted by the oft? I don't really know enough about the fees and costs etc. at the moment and was wondering what would make the claim cost more than this?

 

I thought the maximum £750 costs that the defendant could claim, if you lose, was set by the courts not the oft?

 

Thanks

Phil:)

 

Phil

 

As I understand it in theory if you lost the other side could claim you were being frivolous basing your claiom on an estimate and ask for the court to award costs in respect of their work for standard disclosure.

 

Under these circumstances i understand that you could face a bill for a few grand as opposed to the 750 oft quoted.

 

its theoretical and does of course depend on whether you loose or not.

 

If i have got this wrong Id be happy to understand this.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hello Glenn

 

I too am going fast track on an estimated claim(£10,500), and you say that you could lose substantially more than the £750 quoted by the oft? I don't really know enough about the fees and costs etc. at the moment and was wondering what would make the claim cost more than this?

 

I thought the maximum £750 costs that the defendant could claim, if you lose, was set by the courts not the oft?

 

When i said 'oft' quoted, I meant 'often', not Office of fair trade. LOL

 

Thanks

Phil:)

 

HTH

 

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks for that Glenn

 

I've been on this site for the last couple of months, and I've picked up all the things that are required for us to get our charges back and the timetables etc., but now I'm nearly ready to send the LBA off, I think its about time I should read up more on the legalities of our cases etc. Have you done lots of reading, and what have you read up on so far?

 

Thanks for your help, and putting me right, above!

Phil

This is only my personal, honest opinion!

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PHil

 

Im no expert i have spent a lot of time reading various threads, i guess I have a lot of things straight in my head, but realise i know next to nothing about the law in practice. However, there is something i also have realised and that is that although we are ammatuers, we only need to study the issues surrounding our case and although there might be other things which might be useful, we can concentrate on the issues pertaining only to our particular case.

 

This means we dont have to worry about anything else.

 

So I have spent a lot of time rerading about the DPA so far, now im reading more about contract law, unfaqir conditons, etc.

 

right now i guess i am spending a couple of hours a night reading threads on here then various links to other sites.

 

GLenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Having found out the interest rate for exceeind the o/d i found its 28.7%, wokring out the impact on my claim at that rate the total is quite large.

 

The problem is for me to claim this back in several goes lays me open to an accusation of being 'frivolous' I think since I would have to make 4/5 claims if i wanted to stick in the small claims court.

 

Is there any way round this?

 

Do i have to basically bite the bullet and go fast track?

 

GLenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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God is it really that much?? Shocking!:eek:

 

I can't help with your query - just giving ou a bump and some moral support.:D

Abbey Prelim Letter sent 16/06/06 - LBA sent 30/06/06 - MCOL served 22/07/06 - Acknowledged 26/07/06 - Defended 16/08/2006 - Settled 20/09/06 :o

Abbey 2 Prelim Letter sent 22/09/06

Abbey 2 LBA sent 9/10/06

MCOL 03/11/06

Cap One Prelim sent 28/06/06 - LBA sent 13/07/06

MCOL served 05/08/06 - Acknowledged 02/08/06 - Served 05/08/2006 -Settled in full 22/08/06 :D :D

Halifax Prelim sent 03/07/06 - LBA sent 17/07/06

MCOL issued 03/08/06 - settled in full 09/08/06 :D

MBNA S.A.R sent 21/08/06 Settled 21/09/06 :-o

Morgan Stanley S.A.R sent 29/09/06

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Dear All

 

Now thinking i will claim fast track for the whole lot, i will also claim for the joint account we have and if they amalgamate the whole lot it doesnt matter.

 

Any suggestions or comments, mods? anyone?

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Helo Glen,

have been trying to follow your post but find it all quite confusing, dont know if ive done it the right way, but sent letter to Abbey requesting statements under DPA, got reply- microfiche thingy, sending off 2nd letter- microfiche argument, is that right ?? as you seem pretty cluded up and sound like you know what your doing- as i definately dont know.. hopefully waiting to here your answer when i get home from work tonight..

Thanks Sandra :-|

1st letter to Abbey requesting statements 10/08/06

Reply from Abbey..Sorry on Microfiche..cant do 18/08/06

2nd letter to Abbey Microfiche argument letter R/D 23/08/06

Received 16 Statements from Abbey 23/0806

Reply from Abbey.. enclosed complaints leaflet 2/08/06

Phone call from abbey Re my account 20.55hrs 5/09/06

Letter to MBNA requesting statements 6/9/06

Sent off Data Protection Act letter to MBNA 2/10/06

Sent off Non Compliance letter to P Speed 3/10/06

Cover letter & 5yrs statements received 9/10/06

Received letter from MBNA saying they had reduced limit 9/10/06

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hi glenn,i'm claiming for more than the £5000 and am going to request fast track.i am also requesting full disclosure from the banks.i'm fairly sure they wont want to do this as it will mean game over for them.we all know(and i'm sure the judges know)that it doesn't cost them £35 to return a dd unpaid.abbey have filed an acknowledgement and have until the 28th to file a defence.i await the coming battle with some eagerness having come this far already.good luck.

les

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Sandraj

 

you seem to have things under control now you wait till the 40 days are up. I am sending letters inviting them to comply before the end of the 40 days myself to see if i can gee them along a bit. some have had success doing this.

 

Lesser

 

One of the problems with going fast track is that if you dont get it right, and lose then the other side may apply for costs against you on the basis of your frivolous claim, if the judge agrees then you could have to swallow a few grands worth of their costs.

 

Secondly if you are working on the basis that it wont get to court then you need to reconsider imho. You must work on the basis it will go to court, anything else is an underestimation of the situaiton.

 

Just becuase they havent generally doesnt mean to say they wont or cant.

 

Prepare for the worst, and hope for the best.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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glenn

i'm working on the assumption that they will go to court and i have all my 6 years statements.i have worked out the charges they made from these.the claim i am asking the court to rule on is whether the banks charges are legal or not.i can't see how this can be construed as frivolous.if i am in any doubt i will instruct a solicitor to represent me.it's about the scandalous way they treat people as much as the money.

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Lesser

 

as long as you know what your doing thats your affair, there have been a number of people on here who think that you dont have to worry about what happens at court and are banking on not having to go.

 

FWIW i wouldnt presume anything about going to court, it has little to do with right and wrong and a whole load about how good you, or your lawyer, argues your side, nothing else.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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