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    • That's their problem. They said account was £89 in credit when it was closed. Sent the cheque after about 3-4 weeks. They can't get it back from dead people. Unless they hold a seance.
    • Yes it was in her name at her address.  She used my address as a care of address when she moved into a care home.  I was managing her affairs from my address while she was in the care home.  Eon was made aware of this and agreed to it.  She/we used the Royal Mail redirection service from her old address to my address. 
    • @maroondevo52 what appears to be happening, is that the companies arranging vaccinations have been provided with bulk supplies of both flu and covid boosters. So the staff doing the vaccinations have trays with both ready to go into arms.                       
    • EON may have paid £89 refund in error and now they want it back.   Up to you really. But once you have sent the copy death cert that should stop any further communications.  You can of course look to take this further, but whether you would easily gain any compensation, is the question that you need to ask yourself.  They may dig their heels in and you then get into months of ping pong communications.
    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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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?

 

regards

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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.

 

CHEERS ROY

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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?

 

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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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.

Regards.

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?

 

thanks

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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?

 

cheers

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Can someone comment on this please?

Ie is it ok?

CLAIMANT

-AND-

Abbey PLC

DEFENDANT

DISCLOSURE BY LIST

OF xxxxxxx CLAIMANT

 

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

 

Signed

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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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