Tamadus v Abbey ERC

[ppauls150]

How Flipping stupid can they get lol. I just had a conversation with the branch manager of my sisters account, they closed it because she issued court proceeding on charges they took off her of £300. The thing was it was actually the banks fault and not hers. When she went into the branch to draw some money out they told her it was closed and the branch manager came to see her. She put me on the phone and i explained to her why she was claiming the money back due to the banks fault and did explain that to the complaints dept that it was the banks fault but because they do not read any of the letters we send to them anymore they are putting all these kind of complaints in the same bracket. The branch manager said they should not shut her account down because she can see it wasnt her fault but the complaints dept wouldnt even listen to the branch manager. Just goes to show these complaints departments now are not listning to a word we write or say which is again why they have filled the wrong paperwork for your claim lol I wouldnt tell them tbh and make them look stupid infront of a Judge. Can someone just clarify something for me? If you are still in a mortgage now and want to swap and you are going to incur an ERC is there anything you can do to not pay it and swap mortgages without paying the ERC?

[tamadus]

PPauls I did wonder about that myself and I am not sure how you can actually avoid not paying it . The solicitors doing the legal paperwork will simply send them the figure quoted on the settlement paperwork. They are not going to enter into an argument about its legality.

 

I think we are left to deal with it after the fact, although in most cases it's a big chunk of money that could be better used at thee specific time its paid.

[e28bigalbexley]

Hi Dave

Did you recieve it on 1st April i wonder if it got held up in the post, lost for 8 months (sorry should'nt mention lost, Bookworm gets all excited at the word, and sterts talking about another series).

 

Well i suppose you better tell them just how stoooopid they are going to look in court. Im mean you really can not let a fine established company like the Abbey make total fools of themselves, I mean they would tell you if had made a mistake if it was your defence, would they not? What has happened to the good old British gentlemanly conduct and batting on a level pitch stuff.

 

 

Oh thats better wife looked over my shoulder saw what i was typing i feel fine now...

Now about the Scabbey

 

AL;-)

[tamadus]

Hi Dave

Did you recieve it on 1st April i wonder if it got held up in the post, lost for 8 months (sorry should'nt mention lost, Bookworm gets all excited at the word, and sterts talking about another series).

 

Well i suppose you better tell them just how stoooopid they are going to look in court. Im mean you really can not let a fine established company like the Abbey make total fools of themselves, I mean they would tell you if had made a mistake if it was your defence, would they not? What has happened to the good old British gentlemanly conduct and batting on a level pitch stuff.

 

 

Oh thats better wife looked over my shoulder saw what i was typing i feel fine now...

Now about the Scabbey

 

AL;-)

 

I am starting to think it might have been sent on April 1st Al,

 

I have every confidence in their honesty and integrity and I'll tell them when I meet them in the foyer of the court and then they can explain to the nice Judge that they need an adjornment so they can come up with a new defence.

 

I'm all for a level playing field Al, but I like one thats level in my favour ;-) and they already made total fools of themselves.

 

I now have so much trust and believe in their competance I am going to get my next mortgage from Tom and Jerry.

[Guest The Terminator]

Yes I got it and saw the thread

 

Why not re type it and use it as part of your court bundle ? it will also give your some reference point if you do have to go to court.

 

A little bit of reaserch I have done on Abbey Dabby's defence.If you are all getting the same defence I can tell you now it will be struck out.You can not all have the same defence because all circumstances are different.In your case Tam I'd like to be a fly on the wall when the judge slags off Abbey Dabby for wasting the courts time.Oh dear I can see its not going to be a very good November for the banks.

[Les Gunn]

Yayyyyyyyyyyyyyyyyyyyyyyy!

 

[rascal3103]

Hi Everybody, I have not put my AQ in yet, too busy, I will do it this week. I should get on with it really as I know Nottingham are really behind in the courts, its an eleven week wait just for a Allocation Hearing

[tamadus]

A little bit of reaserch I have done on Abbey Dabby's defence.If you are all getting the same defence I can tell you now it will be struck out.You can not all have the same defence because all circumstances are different.In your case Tam I'd like to be a fly on the wall when the judge slags off Abbey Dabby for wasting the courts time.Oh dear I can see its not going to be a very good November for the banks.

 

I also have it on very good authority that they cannot now change their defence. I'm tempted to phone them this week and ask them to send the check immediately and include some extra for the defamation and for me to keep quiet about the lies in section 6 of it. They have signed a statement of truth and to my mind that means the entire defence is perjury anyway and I can prove it

[e28bigalbexley]

In your case Tam I'd like to be a fly on the wall when the judge slags off Abbey Dabby for wasting the courts time.Oh dear I can see its not going to be a very good November for the banks.

Tony

Perhaps we could get a coach load up to shropshire on a beano to show our support for a long standing fellow member , we could even meet Thailand on the way

 

 

 

[deleted: please do not post links to spyware sites : thankyou ]

[tamadus]

Tony

Perhaps we could get a coach load up to shropshire on a beano to show our support for a long standing fellow member , we could even meet Thailand on the way

 

 

 

 

 

They question is how can make them actually attend a hearing ? I'd love to say I'll buy the beers after the Judge points out:lol: the error of their ways but they have to attend first

[tamadus]

Oh just so I record it as I didnt start a thread. I handled a claim against Alliance and Leicester for a total of £1170 on behalf of my ex wife and the cheque arrived this morning so another success I based the claim on contractual interest as well

 

I'll post this in my A&L thread as well if I still can.

[Thailand]

Big victory after big victory - how do you do it!

 

I've had a £5 voucher of Wetherspoons, 15 Euros of a holiday company and a small Halifax win for my neighbour. Still I'm getting closer to bigger victories....

 

Did someone say beano?!!

 

 

 

 

 

[tamadus]

Big victory after big victory - how do you do it!

 

I've had a £5 voucher of Wetherspoons, 15 Euros of a holiday company and a small Halifax win for my neighbour. Still I'm getting closer to bigger victories....

 

Did someone say beano?!!

 

 

 

 

 

 

 

 

Sorry Thailand I am getting really greedy now

 

I'm planning a better November than i had September just in time for Xmas

 

If you dont settle that Woolwich one soon I might offer to do it for you

[Guest The Terminator]

Tony

Perhaps we could get a coach load up to shropshire on a beano to show our support for a long standing fellow member , we could even meet Thailand on the way

 

 

 

 

 

Sounds good to me lol

[e28bigalbexley]

They question is how can make them actually attend a hearing ? I'd love to say I'll buy the beers after the Judge points out the error of their ways but they have to attend first

If they dont turn up that means more time in the pubthen back to your pla ce, then on the way back stop at 's to have another then home to get over the.

 

 

[deleted: please do not post links to spyware sites : thankyou ]

[tamadus]

If they dont turn up that means more time in the pubthen back to your pla ce, then on the way back stop at 's to have another then home to get over the.

 

 

 

[deleted: please do not post links to spyware sites : thankyou ]

Sounds like we have a definite plan coming together lmao

[tamadus]

Now can somebody tell me why I keep getting reputation points and my total never changes ? Its been stuck since early September:mad:

[tamadus]

lol its cause you get rep from peeps with low or zero rep giving power..... the more green dots you have the more rep giving power you have etc. Black dots tend to give a whole blip at once, whereas one green dot tends to give a few points to count towards one....

 

does that make any sense whatsoever.

 

 

Ahh ok that explains it, I think lol. Been scratching my head wondering why I keep getting comments and the points never changed Thanks for the explanation and kick starting it for me

 

I'll be back later as I need to go out for a few hours. Then its time I sent a few LBA's and letters of notice to start proceedings for non compliance of the DPA

[Thailand]

well you've 3 now!

[tamadus]

well you've 3 now!

 

LMAO , thanks Thailand I just wondered why it never moved lol. Maybe I should get all these little curiosity things together into an FAQ

[Falkirk1298]

Just been reading through this thread - incredible!

[paddym]

tam and thai now you have got me all jealous i dont think i have any ! now between the two of you it better be sorted ! lmfao

[tamadus]

tam and thai now you have got me all jealous i dont think i have any ! now between the two of you it better be sorted ! lmfao

 

Awwwww sowwy Paddy, I just asked a question after I noticed I kept getting rep comments and 1 new repo point but my total never moved above 43 lol. Going to have to live up to it now

[ppauls150]

A little bit of reaserch I have done on Abbey Dabby's defence.If you are all getting the same defence I can tell you now it will be struck out.You can not all have the same defence because all circumstances are different.In your case Tam I'd like to be a fly on the wall when the judge slags off Abbey Dabby for wasting the courts time.Oh dear I can see its not going to be a very good November for the banks.

 

Everyone does seem to be receiving exactly the same defence along the lines of peoples overdrafts bla bla bla and this that and the other. So why cant they file the same defence when it is in with regards to charges as most people who are claiming is to do with going overdrawn? We all know though that it would never stand up in court because they cant back the claim but you are making it sound as though they are not allowed to just keep filing the same thing. Like I said earlier they just simply aint listening to what the customers have to say when we write in, and they are just opening up the letters one glance goes in the Bank charges Claim File for some spotty nose kid who has probably been hired on the cheap to press the big red button to print a response

[tamadus]

Everyone does seem to be receiving exactly the same defence along the lines of peoples overdrafts bla bla bla and this that and the other. So why cant they file the same defence when it is in with regards to charges as most people who are claiming is to do with going overdrawn? We all know though that it would never stand up in court because they cant back the claim but you are making it sound as though they are not allowed to just keep filing the same thing. Like I said earlier they just simply aint listening to what the customers have to say when we write in, and they are just opening up the letters one glance goes in the Bank charges Claim File for some spotty nose kid who has probably been hired on the cheap to press the big red button to print a response

 

I have a copy of a defence in front of me that Abbey sent in regard to one claim that is very much a defence against an ERC.

 

Abbey have recently taken all claims back in-house from the DLA Piper that was handling them. My guess is the department set up to handle them has got so many that they are at a total loss of what to do next. I'll also hazard a guess that when somebody realises that poor Inga is sending out the wrong defence she will be for the high jump.

 

As regards using the same defence, every case is individual and therefore the defence should be as well.