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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
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    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Help with preliminary approach for repayment letter


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I've only just started out against Abbey

- did the prelim letter with a SARN request

- got my statements

- used the spreadsheet to list the charges (2K)

- sent an LBA with the schedule

- have received the standard complaints 'we will look into it' crap, today

 

I'm now waiting another week for the 14 days to elapse then on we will go to the next stage.

 

I wanted to say to any posters that I've found the process relatively simple to follow once I'd got my head around it and read the advice on the site. The site isn't fantastically laid out, but it is worth reading through some (possibly) irrelevant material in order to get a fuller understanding of what you are doing by the time you find the particular nuggets you need.

 

It isn't a quick fix. I had a home repossessed in the 90's and went through a long and drawn out process with the legal system before getting most of the debt written off (see home-repo.org). This seems very similar. What got me and thousands of others through that was

 

- You have to be persistent.

- You have to hold your nerve.

 

Once banks realise that you won't go away, that you won't engage in six months of navel-gazing, and that you are not frightened of them, they will give up and they will pay up.

 

Keep The Faith - as we say at Man City.

bluemoon_andy

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  • 1 month later...
You are correct about the 8% being at the CC summons stage.

 

The overdraft interest calculation is complex, as first you have to work out what periods you were in overdraft. If you were permanently in o/d then that simplifies things.

 

What you then need to do is divide your o/d interest rate by 365, to get a daily rate - then appy it to the individual items on the spreadsheet.

 

Have fun!

hi this is argirossi and I am slowly understanding how all this works, just posting this to say thanks thank thank I am undestanding.........

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  • 3 weeks later...

Hi, I am also ready to send my prelim letter. I have completed my schedule of charges although chose not to claim the overdraft interest at the moment as it seems v complcated (although I will be adding the 8% at cc point) What I did realise when doing my schedule of charges was that there are a couple of statements missing between the end of the 'microfiche' documents and the actual copies statements. I suspect there are some charges durinfg this time but don't want to delay sending any longer as I have procrastinated long enough. Would it be wise to add some type of notation that there may be further clims for any amounts during this time (alhtough it may take me forever to get the statements) Any advice would be gratefully received.

 

Thanks

T J :p

 

 

S.A.R Sent 21/8/06

Statements and microfiche received 11/10/06

Request for payement of charges 29/1/07

LBA sent 21/2/07

MCLO filed 26/3/07

Acknowledgement of service recieved 4/4/07

Defence filed/received - transferred to Southend 30/4/07

Stayed unitl 27/6/07

Allocation & Case Management Conference 17/7/07 14:00pm

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TJ,

Would it be wise to add some type of notation that there may be further clims for any amounts during this time (alhtough it may take me forever to get the statements).
That sounds a bit neither one thing nor the other. Realistically, they're not going to turn up unless you get tough with Abbey. So, knickers to "notation", you have to make it very clear in your Prelim that they have not fully complied with your S.A.R - (Subject Access Request) (which I think you did) - specify which months are missing and when you want them by. If they still don't comply, just use the data you have to estimate the charges for the missing period and include that in your LBA and N1 highlighting it as such. Regards, Mad Nick.

Abbey £8370 settled 17 Apr 07

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  • 3 weeks later...

8% is fine but you have actually been charged more, if you have a copy of your tarriff of charges you will see that the current "unauthorised overdraft" is at 28.9%, authorised od charges would be wither 10.9 or 16.9% so I would ask abbey to confirm this, or go thru your statements and calculate exactly how much. I work for 'em so don;t let them get away with paying any less!

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  • 1 month later...

Hi, K here, first time user and dont have a clue how to start this ball rolling, am living in Ireland but have lived and had an account with Abbey for app 11 years.. i not only have a current acc but had a cc also.... amy seem a bit silly but how do i get onto the "bank templates library".... any help much appreciated.. :roll:

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Thank you v much, do you know if I had a previous cc account can i include this in my initial letter to abbey.... i do not have the past details of the cc account..

 

Hello Sham

 

You are allowed to ask for all info they hold on yourself, no matter whether you have held 1 account with them or 10!!!!!!!! Info on all the accounts you ask for in your name should be supplied by the shABBEY for a max. £10, hence why you give them the £10! Put all the info you require in your initial letter.

 

Phil:)

This is only my personal, honest opinion!

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You can send it to their Complaints department:

 

Complaints

Abbey

PO Box 5129

Milton Keynes

MK9 2YN

 

Though it does'nt matter if you send it to their head office at Triton Square!Their address when you start court action is:

 

Abbey National plc

2-3 Triton Square

London

NW1 3AN

 

Phil:)

 

Hi Philread1,

 

I sent my court bundle to Abbey Milton Keynes registered post should I have sent it to the London address?

 

I have checked the Royal mail website and it says it has been delived and signed for?

 

You know what its like in MK they seem to loose alot of paper work for some strange reason.

 

thanks

Dave

Abbey Settled 3,600:cool:

 

Just started battle with

EGG

Virgin CC

Abbey

MBNA

 

 

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  • 2 weeks later...

Hi

this is my 1st time too! i have 3 years of statements and my charges are in excess of 3k i also bank with Abbey

should i send my preliminary letter for those charges and then do a separate 1 for the other 3 years??

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Hello Chatterbox

 

If you have some statements in your possession, then if the shABBEY have'nt complied with your Subject Access Request within 40 days, you can start your claim based on an estimated figure worked out from those statements you have in your possession.

 

For example, from the statements you have, work out the amount of charges divided by the amount of months they cover, then multiply that figure by the amount of months you intend to claim for, ie 6 yrs = 72 mths.

 

I hope your maths is OK!!!:D

 

My claim was based on an estimate, and a few days after I put my claim in, they sent me the remainder of my statements through!

 

Hope this helps!

Phil:)

PS Try and make the figure as realistic as possible, but don't underestimate!

This is only my personal, honest opinion!

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Hi

 

I am quite new to this. I have sent off the 1st letter asking for my bank statements for the last 6 yrs and giving them 40 days, that was on 26th February (recorded delivery). Since they hadn't replied I sent a chaser letter of 27th March to remind them and now their time is up. Since the 2nd letter says the amount is £xxxx and I don't know how much yet to claim what do I do to get them to respond to my 1st letter or at least acknowledge it if there is a backlog. I am worried that they think that if they do not respond I'll go away, whereas I don't want to do the wrong thing and make a mess of my claim cos I think it may be for quite a few £.

 

I would be helpful to any help on this

 

Angie

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Hi

 

Not sure if my first message worked - so I am asking again please.

 

I have sent my initial letter requesting my statements and saying they have 40 days to reply and enclosed a cheque for £10. I sent it by recorded delivery on 26th February but they havn't replied to me. I sent a chaser letter on 27th March, but still nothing. I can't send the 2nd letter yest as I don't know what they owe me. What can I do now as I don't want to jeopardise my claim. Can anyone help me please. I'm a bit nervous.

 

Angiepan

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Hello Angie

 

As I've said in my previous post, you can now proceed with an estimated claim through MCOL, what I did'nt really say above was that you can still proceed down the estimated route even if you have no statements. As long as you can show that you have tried to work out the charges as realistically as possible, putting an estimated claim together is fine. Once they receive your claim from the courts, that will kick them into action if nothing else does to get your info to you! Just make sure your estimate is higher rather than lower than your expected charges!

 

Before that, maybe try calling Pam Speed and try getting your info off her. Her no. is 08457 654321

 

If you have no luck with Pam, go forward with what I mentioned above.

 

Phil:)

This is only my personal, honest opinion!

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Hello chatterbox

 

Remember, there is no stupid question on this site!!!!! We've all been where you are now!

 

You have to send a copy of your schedule of charges with both your Prelim & LBA. This is made up of the charges you think that the shABBEY have hit you for.

 

Take a look at Griggsy's thread, I've just written a long post on his thread to try and explain how you do your schedule if its estimated!

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/81848-abbey-no-reply.html

 

If you need any more help PM me!

Phil:)

This is only my personal, honest opinion!

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