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    • you do NOT need to pay it and anyway that would not remove the ccj, its there on your file paid or not for 6yrs, a paid ccj even with a cert of satisfaction is as bad as a non paid one.   the ONLY way to remove it is to set it aside.   sadly you the very worst thing you could have done with ANY debt on your credit file or not that you last used or paid or wrote about to the debt owner in the last 7 yrs....you ran away,,,moved without informing the debt owner of your correct and current address.   erudio and drydens are masters at doing backdoor ccj's. they are ofcourse totally wrong that the defaulted date is the sb date...well not when your last written/signed ack of the debt was more than 6yrs before the claimform date.   now how do you remove it....go read that thread ...carefullly then comeback here and lets see if you understand how.   dx  
    • Thanks, having to move house and discovered this. It's causing a nightmare in trying to rent somewhere and mortgage was also refused by the bank.    Shortly after requesting info I got a warrant in the post from bailifs. Managed to halt that and pause any action till I get key dates to try and get this removed.   Not wanting to avoid paying it, just need the CCJ gone.   Appreciate your help. Will read fully although I am not great with law.
    • Write the letter. It's important that you put this in writing so that you have a paper trail. Send the letter by recorded first class delivery. Explain that because of the defect in the bundle which has manifested itself within 30 days – always refer to the bundle – you are now rejecting it under the consumer rights act 2015 and that you require a refund and you want to know what their arrangements will be for providing you with this. You can also send this by email – but do it straight away. This reserves your rights and after that you have some flexibility as to how you want to act. I understand that they are uncooperative. No surprises. Don't imagine either that they will be fazed by your letter – but the important thing is that you are able to show that you are asserting your rights. After that, they are acting unlawfully We will help you make a claim against them and I suppose that will involve threatening to sue them and maybe even going on to sue them. You will find interesting and you will acquire some transferable skills which will enable you to sue anybody else who gets in your way with a degree of confidence. However, it might be a good idea to mitigate your loss and I would suggest that you accept the money that they have put on the table but make sure that they understand that you are accepting it and you are happy with it and you consider that they still owe you the outstanding £70. If you are asked to sign anything then you should decline and then we will help you claim for the whole lot. However if they don't ask you to sign for anything, then make sure that they have a letter from you at the same time saying thanks very much do for the £250. You are accepting it but this should not be taken as an indication that you are now relinquishing your claim to the rest of the money. Tell us what you want to do – with you want to take the 250 or whether you want to simply reject the lot and claim for the lot. If you want to take the 250 – which I suggest that you do – and if they will give you the money despite the fact that you are still reserve your rights in respect of the balance, then come back here when you have that money and we will help you with the rest. If they refuse to give you the money unless you agree that it is in full settlement, then that becomes very interesting because it becomes very clear evidence that they are beating their obligations under the consumer rights act – and this gives you even greater leverage over them when you decide to confront them. The advantage of mitigating your loss is that there is less to sue for and that means that your court fees will be less – although you will get these back anyway when you win. Also, because they are only fighting to hang onto £70, they are more likely to put their hands up once they know you're serious. There is absolutely nothing to lose and everything to gain by taking the money that is available on the table subject to the reservation which I've indicated above.
    • Yes she might well have sunk the VCS ship, or put it on the rocks as it rehashes old stuff introduces nothing new.
    • Hello BF   As you caught, yes both items (console with digital game download) bought from GAME as an advertised bundle (still got screengrabs of the bundle/ad).   No letter sent but I did actually quote that specific 2015 act when trying to return it in-store. I was scrolling away online looking at consumer advice on my mobile as the manager was testing the console. It fell on the deaf ears of the store manager who wasn't entertaining the return/my query at all. They just kept saying there is nothing technically wrong with the console. I'd question whether the manager even knows about the CRA2015 considering their response/the lack of engagement.   I've not done anything formally but I'll write a letter. The store said I can pick up with customer services. I've went more along the lines of escalating from store to area manager. Their website is quite specific that in-store returns can only be made in-store. I'm awaiting a call from area manager next week but after todays update that they will withhold £70 I'm expecting a similar response.   It cost £250 in total. I traded in an old playstation as part of the deal. £100 trade-in value and £150 by debit card. For clarity I'm not expecting £250 back via debit. But £100 store credit and the £150 debit refunded was my sole expectation.   Thanks very much btw!
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me v abbey *** WON !!! ***

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Look here:

Court Fees


Once you know your claim no. send 2 copies to the court clearly marked with your claim no. + brief covering letter


Thanks Michael, I suppose when you get the claim number you also get allocated your court?



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  • 2 weeks later...

ok, filed moneyclaim but quite unlike myself I forgot to include the account number in the actual claim?


I am about to send of the spreadsheet which includes all the details of the charges to attach to the original claim is this ok?


also, do I just send a letter asking for this to be associated with claim number xxxx?


thanks in advance..

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Yes - I am wondering this too.. are there any links to info we have missed..?

Abbey - 547.00 settled in full.

Second claim: £204 WON.

Barclaycard - 142.88 incl interest due WON BY DEFAULT as they didn't even bother entering a defence. Barclaycard paid up £184.88.


MBNA - Concluded £634.31

Capital One Concluded £148

Kinda disappointed I've no more banks to go after now...

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  • 3 weeks later...

Had an offer of 50% -the goodwill payment and a defense from abbey, standard stuff.


I have responded rejecting the 50% offer and explaining that my claim actually is discounted by the goodwill amount already (glad to see they read the charges spreadsheet!).


I have also counter offered, saying that we will split the £250 court charge, therefore giving abbey a £125 'discount' . This counter offer is valid for 7 days only...


If they dont respond within 7 days from wednesday, then I shall submit my AQ and a further £100 will be added to their liabilities...

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I need some help, I have received £390 of the £1825 I'm claiming from the Abbey. I have sent them a letter informing them that I would accept another £820 on top for a compromise if they were to put the funds in my ACCOUNT BY THE 24/10/06 tHEY HAVE NOT AND ARE TOTALLY IGNORING MY FOLLOW UP LETTERS AND CALLS. i NEED TO KNOW HOW TO START WITH THE COURTS NOW... PLEASE ANUONE COZ I'M TAKING THIS ALL THE WAY.



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  • 2 weeks later...

Ok, my abbey overdraft facility was withdrawn because I have refused to pay my dividends into my account, the Overdraft was £3700


My claim after deduction of £990 gw payment is 6k, they are no gving me 28 days notice before a defualt is placed, I have sent official complaint to abbey and will be following up with a letter to banking ombudsman.


Can anyone give me any pointers to how i should breah this?


Specifically to include allen betts head of debt management... what a knob

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Have you written to Abbey specifically telling them you are disputing the debt and pointing out that the banking code prohibits them from defaulting the account whilst its in dispute?


Sec 13.6 of the banking code if you want to be sure, you should get yourself a copy so you know exactly what it says.


Re the banking ombudsman i haven't bothered looking on their site do they have a complaints procedure?



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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Complaints Abbey PO Box 5129 Milton Keynes MK9 2YN

9 November 2006

Dear Robert

Account number –

Your Ref: T

hank you for your letter dated 1st November 2006.

I must point out to you straight away that banking code sec 13.6 says that you cannot default accounts in dispute.

13.6 We may give information to credit reference agencies about the personal debts you owe us if:

you have fallen behind with your payments;

the amount owed is not in dispute; and

you have not made proposals we are satisfied with for repaying your debt,

following our formal demand.

I therefore can only come to the conclusion that Allen Betts, head of debt management at Abbey either:

1. does not know the banking code

2, does not care what the banking code contains

3, is deliberately putting false defaults on customers who query the banks illegal charges

Please advise

Yours faithfully

David Etere


what do you think?

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Dear Mr xxx

Apologies for not responding to your original email.

I can confirm that a default has not been registered and we have suspended action pending the outcome of the dispute which is being managed by our Customer Complaints team.


Allen Betts

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  • 3 weeks later...

received today


Abbey asked for small claims , I requested Fast track and full discloure of costs, I also asked for the judge to dismiss their defence due to history of failing to defend.


Anyway, I have to give standard disclosure to every other party by list??? by 11th december


15 Jan exchange serve witness statements


No expert evidence


Pre Trial checklists are dispensed with


case has been listed for trial after 5 february.


well any advice? is this standard?



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Can anyone please enlighten me a touch on what I should give to who and what it contains?


sorry for the ignorance, i have an idea which is a list of items that i will depend on in court?



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Can someone comment on this please?

Ie is it ok?



Abbey PLC





I, xxxxxxxxxx Intend to rely on the following documents in court –

1. Correspondences



.....Date .......Description ......................... ......................... No. of pages


(A) 07/08/06 Letter: Data Protection Act request - 1

(B) 22-08-06 Letter: Preliminary Approach for repayment - 2

© 04-09-06 Letter: Letter Before Action to Abbey – 1

(D) 05/10/06 Copy of County Court Claim form issued by Claimant - 1

(E) 10-10-06 Letter: Letter sent to Northampton County Court & Abbey - 1

(F) 10-10-06 Schedule of charges sent to Northampton County Court & Abbey - 2

(G) Court Document: Notification of claim issued – 1

(H) 16-10-06 Court Document: Notification of Acknowledgment of Service - 2

(I) Copy of Abbey Acknowledgment of Service - 1

(J) 26-10-06 Court Document: Notification of Defence Filed by Abbey - 3

(K) 13-11-06 Copy of Defendants Allocation Questionairre - 6

(L) 14-11-06 Copy of Claimants Allocation Questionairre - 5

(M) 25-11-06 Court Document: Notification of Allocation to Fast Track – 2


2. Authorities



...........Description ......................... ......................... .............No. of pages

(AA) -- Copy of bank statements printed from online banking provided by Abbey

(BB) -- Unfair Terms in Consumer Contracts Regulations (1999) - 10

(CC) -- The Supply of Goods and Services Act (1982) - 13

(DD) -- Unfair Contract Terms Act (1977) - 9

(EE) -- Office of Fair Trading Report April 2006 (OFT842) - 35

( FF) -- House of Commons Early Day Motion (EDM 2227) - 1

(GG) -- House of Commons Select Committee on Treasury

Second Report: ‘Transparency in charging’ - 10

(HH) -- Report by Kendall Freeman on Liquidated Damages (May 2005) - 3

(II) -- Case Law Reference: Dunlop Pneumatic Tyre Co Ltd

v New Garage & Motor Co Ltd [1915] AC 79 - 2

(JJ) -- Case Law Reference: Alfred McAlpine Capital Projects Ltd

v Tilebox Ltd [2005] EWHC 281 (TCC) - 2

The Claimant will also make reference to the following case laws;

1. Murray v Leisureplay [2005] EWCA Civ 963

2. Wilson v Love [1898]

3. Lordsvale Finance PLC v Bank of Zambia (1996) QB 752

4. Bridge v Campbell Discount Co. Ltd. (1962)


Statement of Truth

I believe the facts stated within this Disclosure List to be true and comprises of xx pages.



Dated 7th December 2006



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  • 1 month later...

okey dokey


Cheque in post today, 100% won, plus court costs


FYI Abbey are now not leaving it to the day before to settle as the courts are getting arsey with Abbey!


They are trying to settle early... hence my court date was week beggining 5th feb fast track...



on to abbey for my mortgage now... erc for 5k....


so now I have won 5k Abbey, 1k MBNA, MCOL with EGG and LBA to Abbey Mortgage..


lovely jubbley

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