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    • Lolerz - I don't understand you.  Rebuked you?   No. I simply replied to your orange comments with legal facts as I know them.  I've already worked through the s42 and s146 issues - over the last 3-4y - and these issues are (mostly) resolved legally.  In terms of posting evidence.  Sure I can post some.  But my most recent questions have been a) how can I enforce a sale before trial?  And b) how can I make a complaint and/or a claim v receiver? (E.g. to which body do I complain?).  At the mo I'm asking for some helpful pointers on those specific questions??  I'm not asking for help with how to prove or present evidence. Fwiw - all evidence for trial has been disclosed (although additions are poss). The lender sent me like 10,000 emails and docs.  There's also 000s of emails, docs, photos, videos, recordings and texts that relate to freeholders/ me.   I read, filed and categorised everything for ease of future reference.  Witness statements and evidence were prepared for trial in the 42 and 146 matters. (now joined with current claim to save duplication).  I've lived the process before.  My current statement and linked evidence has taken like 6 months to draft/ write - to ensure I can succinctly prove my defence and counterclaim points.   Whether I can convince a judge at trial w/o lawyer / barrister is debatable 🙄   But I've prepared.  And continue to try better prepare - which is why I visit this site (and clinics).  This is NOT my business or expertise at all.  I'm just trying.  Not that anyone should ever have to justify why they need help if they ask politely! 
    • Thanks for the other info will also take a look at that.
    • It doesn't use the word reconstructed in the cover letter.  Although, I have just noticed on the cover letter they have asked me to complete a financial statement and offer a repayment within the next 10 days, or they will continue to follow court directions.  They sent a separate letter on the same day advising me they will be continuing with their claim ?  They have done the same for both claims.  Is it worth just doing that - doing the financial breakdown and offering a x amount.    
    • hahah except I can't locate the courier to frighten them with it hahaha   
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Bizzimum v Abbey


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Hi

I'm relatively new to the site and have actually managed to get my microfiche records from Abbey. I'm about to send the prelim letter but don't understand the interest bit. I'm probably being really stupid, but can someone explain it to me in simple terms?:confused:

 

TIA:-)

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Hi

I'm relatively new to the site and have actually managed to get my microfiche records from Abbey. I'm about to send the prelim letter but don't understand the interest bit. I'm probably being really stupid, but can someone explain it to me in simple terms?:confused:

 

TIA:-)

 

You dont need to add the interest on the prelim letter unless you are claiming contractual interest. I would just claim the standard 8% at the MCOL stage later in your claim should it go that far.:D

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Hi and welcome,

i am claiming against abbey (just got my hearing date) and i still don't have the microfilche records either! As i understand it -when claiming interest you can choose between contractual interest (the same as they applied to your account, mine was 9.9%) or you can use statutory interest (8%). contractual interest can be applied from the prelim request whereas statutory can only be applied at claim stage. If you are using the simple spreadsheet template from the library then the last colomn may be changed to show this interest rate. Hope this helps, it is hard to put this simply. Make sure you read as many faqs as you can to increase your knowledge and therefore strengthen your case. Good luck.

I've beat HSBC, GE Money and Abbey

 

Court pending V Barclays and Time Retail

 

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Sorry I meant livelylad (can't read today either!).

 

Sarah13

I only received the microfiche records today and funnily enough it is day 39!

I'm only(!) claiming £410 so I think I'll skip the interest.

Good Luck with your claim.

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  • 1 month later...

Haven't posted for ages, but we're up to the gesture of goodwill stage (£35 for my claim of £523 - they're obviously having a laugh, as someone who only claimed £300 got £50).

Going to send the LBA letter and thank them for the partial payment.

I wonder if today's publicity is going to make any difference to how the banks handle these claims?

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  • 3 weeks later...

Hi everyone.

Happy New Year to you all!

Sent off my LBA before Christmas, hoever didn't send it recorded delivery. ShAbbey seem to be ignoring me or they haven't received the letter. Should I give them a quick call to check they have got it? Officially their 7 days were up on 25/12.

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  • 5 months later...

Hi All

Obviously I haven't posted for ages but I have got my Court Date for Abbey.

I now need to supply a schedule of charges, Copies of the relevant statements and a statement of my own evidence - is this the basic court bundle?

This claim is taking on epic proportions - it took ages from filing the allocation questionnaire to get to this stage!

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Guest ChloeJane

Hi,

 

Just thought I would post some links to useful information you will need now and to give re assurance.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

Here is the statement of evidence you are looking for

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

 

Lastly, bundles.!

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

Any questions, post back...be confident and know you are on the last leg of the battle!

 

CJ

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Thank you CJ.

I must admit that this claim has taken so long I thought there might have been some general ruling that would mean I didn't have to go this far.

 

I'm not sure which statement of evidence to use though. Their defence refers to Conditions and the contract (point 3) and penalty charges in point 8. No doubt this is a pretty standard defence and someone else will have seen it.

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Back again.

 

Tried to find an incidence of going a tint amount over the OD limit and can only find one with the balance that actually doesn't show the amount going over the limit - it's one of those mysterious something must have been in transit ones that I'm sure all Abbey customers are familiar with.

Should I use that - these rest are on microfiche and don't show the balance.

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