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    • none of their ruddy business! and if they have been pressuring you in o borrowing from friends and family .. THAT IS WRONG AND AGAINST THE REGULATIONS...if you have that in B&W you need to REPORT THEM. once a debt is defaulted and it gone from your file it can never come back. not without a fight in court you won't. i think you are getting confused here , just because you've been paying 'creditors' via and IVA it does NOT mean the debt can re-appear on your file, and it does not mean you are more likely to get more CCJ attempts. statute barring is 6yrs from a debts last payment, but that can't change anything on your credit file. i really wish you hadn't sent that letter. please dont do anything more now unless you check with us first..no calls, in/out. no emails in/out no letters in/out....thats if you want our help.... NONE OF THEIR BUSINESS STOP GROVELLING to them. could have been worded alot better and more forcefully. dx    
    • Well that will lead to more backdoor CCJs. I think you need to complain to all and sundry.  Let's start with the BPA.  The BPA are PE's mates, so they will never decide that PE have done anything wrong.  But that's not the point, correspondence between the two may lead to PE promising to write to the Scottish address, which is all you want.  Check the below for accuracy as methinks you have sent more correspondence that what I've quoted.  How about something like - Dear BPA, Re : Parkingeye Ltd PCN no.XXXXX, Claim no.XXXXX PCN no.XXXXX I am writing to complain about your above-mentioned member. I understand of course that you cannot enter into the merits of why a PCN was issued. The reason for my complaint is that, instead of writing to me at my address at XXXXX, Scotland, your member insists in writing to me at XXXXX, England, which is an address which I have never lived at.  I have always resided at the Scottish address.  The address registered with the DVLA for the vehicle is my Scottish address. I first because aware of this mess when the person who lives at the English address kindly contacted me, to tell me that a County Court Judgement for me had arrived at that address.  I requested that Parking Eye agree to a set aside by consent.  However, they refused.  I ended up paying £XXX despite having had no chance to defend myself. Regardng the second PCN, I attach correspondence dated XX February and XX March.  The latter was a complaint - which your operator has completely ignored.  Even worse, they have instructed debt collecting agencies twice to write to the English address.  On top of this, the person at the English address is moving out next week which means I am in danger a second time of losing a court case by default. I would therefore like to complain about your operator and would request that you instruct them to do what should be a simple thing - to write to me at my correct address. Yours, XXXXX
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Anney63 v Abbey *** WON ***


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:wink: Hi Bish

Hope all goes ok with your wife maybe you'll have some good news to take to her when you visit. I've just had a call from my son he has had a letter from Abber in response to my preliminary letter saying they are looking into and will repond by 27th . I had already sent LBA so Ni will be due around 27th. We'll see. Looks like I got quite a quick response when I look at other threads. Good Luck again Bish and to your other half

A

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Hi Anney

 

Looks like the standard reply to your prelim request, sorry to be a kill joy. Likely your son will receive a sorry letter from Abbey but they are in the right and will not be refunding any charges. As you have sent the LBA it will not matter anyway, so just ignore their fob off letters and keep plugging away. Keep to your time table as abbey will try to delay you. Until you start court action you will not get any positive response from them. Best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi Bish

Trying to be one step ahead looking at N1 Particulars of claim. Do you actually put the total of your charges plus the the interest paid on penalties, and then add the spreadsheet with the 8% on or do you claim the total to the date of N1 and add the daily figure on the form. Bit confused I have the 2 spreadsheets 1 with the charges and interest paid on charges. another with 8% which adds nearly 2k to the claim plus the daily figure. Really don't want to get it wrong at this stage.

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OK had a few glasses of wine but will try to put you on the right track. On the N1 form you put the total charges plus any interest incured due to the charges.You then add the 8% due to s69 of the county court act. When you issue your claim in court you can also claim a daily rate of interest worked out from your initial claim. So in my case I had a claim of :

 

charges = £6696.00 Interest = £352.11 interest @ 8% = £1141.42

 

Daily rate of interest = £1.55

 

total claim = £ £8189.53 plus costs + fees + daily rate interest £1.55

 

Hope this clears it up for you.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi Again

Absolutely no response at all as yet from Abbey . Letter received was re Credit Card (MBNA) nothing to do with this claim. Is this the norm?. Due to complete N1 Friday taking it to court personally on Monday. Just find it odd that nearly a month and no response at all seems like either very disorganised ,extremely rude. They really don't have a clue do they???

 

:confused:

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Hi Anney,

been reading your progress with interest. I am a few steps ahead of you, i filed my N1 at court and have a hearing date in december.

 

I think the thing with most of the banks especially Abbey is that they want to keep refusing as long as possible and make it as ackward as possible for you, even if it costs them more in the long run. It does seem silly but maybe their strategy works sometimes by discouraging people from continuing with their claims! My husband would be one of those! its lucky he has me and your son is lucky to have you too. Keep up the good work and good luck!:)

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Hi Sarah

Thanks for you encourangement. I know this will go fast track total will be over 9k with interest. Nice wedding present though if all goes well. I'm just a bit concerned reading about these test cases in the Merc court. When are they happening a bit frightening really but still will keep going. Hopefully any test cases will be useful .

 

:-) AnneY

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Hi Anney

 

It is prudent to assume that it go fast track, however when I filed my AQ I put fast track, yet abbey requested small claims track and the judge allocated it to the small claims track, even though my claim was for over £8000. Have a look at my post as I have put what the judge orderd, as far as I know no abbey cases have yet gone to the MC. I am sure abbey have not complied with the order in my case and so are in breach of the order. Which means I win I hope. Hope this helps Anney don't be put off by the amount or the course you might take the principles and laws still apply whatever.

 

Regards bish.

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Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi Anney

 

No problem, hope things progress well with your claim, need any help just ask. Best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi Again

Still confused getting N1 prepared happy with Particulars of Claim but a bit confused . You have to put Value in and then at the end a Total plus costs etc. So do you put the total including the 8% to the date you file your claim in the Total Box or the original amount claimed before 8% if so what do you actually put by the Value the total plus s69 interest as per your previous mail . It's probably me being thick but don't want to get it wrong.

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Hi Anney

 

The Value and the amount claimed are the same figure, so that would be the total charges and interest due to those charges plus the 8% interest under section 69 of the county court act. So put that figure in where it says Value and the same figure where it says Amount claimed. Then add the court fee and any solicitors costs to reach a final amount. Hope that clears it up for you.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi Anney

 

No problem, I am from Essex originaly. Had some good news today I hope concerning my claim. I have had some contact with abbey regarding settlement, so fingers crossed for Monday. Seems Fast track or the threat of MC gets them nervouse.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi Bish

I do hope is good news it would bve so good for your other half to have this sorted brfore 28th . I will keep fingers crossed what part off essex were you from. I have tonight completed N1 so raring to go . I not that it has at the bottom Litigation Friend. So will have a word with the Court on Monday to see if I can take over. My son is coming with me As Chelmsford Court is not far and I have a good boss who has allowed me to be late in. Once again Bish the very best of luck

Anne

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Hi Anney

 

Yes you can put yourself as litigation friend and act on behalf of your son in court. Glad you have the N1 completed and best wishes with your case, I think your son has the best litigation solicitor he could want for. Not quite cut and dried with my case yet but fingers crossed. Obviously my mind is on the coming week with the wifes op, so not going to be about to much next week, but will keep you informed as to how things progress.

 

I was born in Romford, brought up in Rainham, lived in Harold hill and Canvey Island, before moving to Norfolk in 1995. My parents still live in Rainham, but not been able to see them or Essex for a while.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Just one small point - A litigation friend whould only sign the forms on behalf of the claimant if the claimant was phsically or mentally, or otherwise, unable to do so. If this is not the case the claimant would be expected to sign them hiself. This will not stop you representing your son in the unlikely event that the claim reached court. You would act as his lay representitive. Lay reps can actually be appointed on the day of the hearing itself, but a good time to inform the court of this intention would be on the 'other information' section of the AQ.

 

Kimmy,

 

Yes, the judge may allocate to the small claims track dispite the value being over the threshold. I would still say that overall this is probably unlikely though and Bish is absolutely right to say that its prudent to expect the fast track. The fast track though, IMO, is nothing to fear and the potential risks have been overstated on this site at times, although it is important to recognize that the risk is there. In the highly unlikely event that you actually had to go to court and you then lost, costs are not automatically liable. The judge would have to order them against you. As its a case of a litigant in person v a multi national company, this is again very highly unlikely.

 

Also remember that standard disclosure is availible on the fast track. This makes the chances of actually getting to court even more remote than usual.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi All

What would I do without all your help. We're off to the court with the N1 on Monday then the fun begins. Obviously I will need help step by step. I keep reading every night when I get home from work. I have forgotten what it's like to read a novel or magazine .Forms look so professional filled in on line must worry Abbey and know we all mean business. Even have court bundle ready so can highlight things as they come to light a bit scared but as you all seem to think chances are good I have to have a go.Thanks again

Anney

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Hi Anney

 

Thought mine was big, Claim that is, Wowww. I would say that it should be allocated to the fast track due to the amount. I did expect mine to be but abbey requested that it be dealt with in the small claims track. The judge did allocate it to the SCC but I think it was more for my benifit rather than abbey. The courts are wise to all the banks little try and get me out of this tactics, and if you read my post you will see that the judge also put pressure on abbey and basicaly said multi track or stay.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Sorry did mean to say Gary is spot on with what he said, I do not think, and this is my personal opinion that any bank would go near the full disclosure court. In other words that is why they requested SCC in my case. If I were a judge I would be mighty p***ed off with the banks.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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Hi Anney,

 

Well done, when I filed mine had to take it away and reprint it as made stupid mistake. Took it back and still had to tipex and alter it, all in the preperation. The clerks were very good, but still felt stupid. Best wishes.

 

Regards bish.

Abbey : £8070.41*PAID IN FULL*14/02/07:D

Capital one : LBA sent 17/09/06 £1,087.22

Marbles : LBA sent 17/09/06 £720.00 ; £720 offer accepted:D

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