NN v Abbey - *settled in full* at last WON WON WON

[rambot]

I Have not heard anything as yet either. I won the default at the exact same time.

i have not yet executed the warrant so it will be interesting to follow both of us, and see what happens.

Email rejecting the set aside was sent on the 23rd june. so been at least 10 days so far.

 

Also emailed the abbey on the 1st july, not even had the read reciept back yet. maybe they dont actually read the emails.

[Movingon]

Spoke too soon.

 

My request for a warrant of execution has been rejected.

 

Did I wait too long or could Abbey's solicitors have applied for a set aside and not informed me yet?

 

Any ideas anyone?

 

All I can suggest is that you call the MCOL helpline and ask...

[Jane Austen]

Thanks Tom

 

I E-mailed as soon as I knew so I am waiting for a response.

[Movingon]

I emailed them last week for advice on how to cancel a case and they haven't answered yet.... I would call them.

[Jane Austen]

Did as you suggested.

Apparently, Abbey have requested their set aside and the case file is with the district judge at the moment. Reminiscent of Whizzkid.

 

Should hear something soon.

[popcrash1974]

Reading through this thread and being new to this procedure of claiming money back this absolutely terrifies me, ive read quite a few threads now and is it the case that more people are reaching the court system than just getting their money back before it comes to that? Is there maybe a certain finnancial cut off before they decided to fight more, say maybe the higher amount they owe you the more likely itll end up in a small claims court? The earlier stages i have no worries about but the later stages terrify me.Which is what they want i guess.Will go through with this just need to learn more i think.

[Seminole]

There is nothing to be afraid of. They have taken your money unlawfully and they almost certainly knew that they were taking it unlawful.

 

Don't be scare. Get angry and get your money back. It's the banks that should be afraid.

[popcrash1974]

Thanks, i know as i becoeme more educated in this that it will become easier but the laws ect perplex me and thats where the scaryness comes into it.

[Seminole]

If you haven't done so, please start a separate thread for your claim as we can help you better there.

 

Also have a look at the "buddy" system:

 

http://www.consumeractiongroup.co.uk/buddy.php

[Jane Austen]

Just received the following E-mail:

 

The case has been referred to the local District Judge for the Judgment to

be set aside as per the defendant's application.

 

Bring it on, Abbey.

[rambot]

nothing here yet. so expect they are waiting for me to action something before they make a move.

Had no response since we emailed DLA and heard nothing from anyone.

Do know one thing that they get emails and never read or respond to them. do not even get the read reciept, so they are either not reading them or rejecting the read reciept.

[Movingon]

nothing here yet. so expect they are waiting for me to action something before they make a move.

Had no response since we emailed DLA and heard nothing from anyone.

Do know one thing that they get emails and never read or respond to them. do not even get the read reciept, so they are either not reading them or rejecting the read reciept.

 

Read Receipts often do not work outside a single organisation's email system. Don't rely on them; they may well be dropped by the mail relay of the organisation you're sending to as unimportant.

[Jane Austen]

Phoned the court this morning to find out what is happening with my case. I was told the file went to the judge on the 26th June and it would be a few days yet as they are dealing with 100s of cases.

 

The interesting thing though, is that the lovely lady who answered the phone, told me that the defendant's (Abbey's) solicitors themselves phoned yesterday to find out what was going on.

 

Why would they do this if they are wanting a delay?

[Jane Austen]

I phoned Abbey today regarding their request to me for returned cards etc and I told them I thought they could not do this when the amount of money they want is in dispute. (I think I'm correct with this but they didn't know anyway).

Furthermore, as I told them, I have a judgement against them for a much greater amount. They agreed to hold action for 14 days or until they find out what's going on. They knew nothing about the court action and actually asked me what was supposed to happen next!!!!!

 

Abbey got back to me today and they now say that they can pursue my overlimit amount of £309.61 (plus interest and charges), as it is a separate matter from the court case. As this amount I *owe* is made up entirely of charges I don't know how they can say this and I told them so. Apparently, their internal legal people have told them it can be treated separately.

 

We agreed to differ.

[Jane Austen]

Spoke to another Abbey employee who informed me that their legal people had aplied for a set aside and this could "take months!!!!" In the meantime they will be adding charges and interest to my account.

[Movingon]

I'd be interested to know whether you called them or they called you - if they called you, how are you satisfying yourself as to their identity?

[Jane Austen]

I called them - the debt management team. I also recorded the call. They are going to pursue me for the money but I really cannot see how when it is entirely from charges and interest on charges - and these are in dispute. The case file is with a district judge now.

[CrispDust]

nn this is almost farcical, if it weren't so serious. shAbbey really do have a problem with Joe Public trying to follow due legal procees.

My assumption/ - they are runing scared BIG time. They have dug themselves into several holes of enormous depth and have no ladders to get out!

[Jane Austen]

I agree. They are getting deeper and deeper and eventually some judge, somewhere, will realise what their game is.

[joneshousehold]

Hmmm, I really hope so!

[joneshousehold]

Good news, good news! Have a look at my thread and feel your confidence grow!

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/1889-another-claim-5.html#post118779

[Jane Austen]

It makes me wonder how they can still go for a set aside hearing, which would give them the chance to enter a defence, when there is so much evidence that they have no intention of ever doing so!!!!!

 

Please somebody from the judiciary read this site?????

[Jane Austen]

Still waiting to hear from the court about the set aside.

 

Any thoughts? It's been ovr 2 weeks now.

[Jane Austen]

Thanks for that Karne. I see you have been really busy on here and reached platinum. Well done. I'll phone the court on Monday.

 

I have been up to the wilds of Scotland, white water rafting and came back to find the following letter:

 

Abbey Complaints

Abbey

PO Box 5129

Milton Keynes

MK9 2YN

 

 

Date: 12 July 2006

-OurRef

Dear XXXXXXXXXXXXX

As you know, we are currently investigating your complaint that you raised with Abbey four weeks ago. I am sorry for the delay you are experiencing and I would like to take this opportunity to thank you for your continued patience.

Our research is taking longer than expected because we want to make sure a full investigation is done. If we are unable to complete our investigation beforehand, we will write to you again in four weeks time to let you know how we are getting on.

I am sorry that it is taking longer than originally thought and would like to reassure you that your complaint is very important to us.

 

Yours sincerely,

 

 

Marc Winder

Head of Complaints

 

I am really confused now as I haven't had any contact with them for weeks apart from informing them I would not be repaying the overlimit amount as it was made up entirely of charges. I really do not know where this letter fits in. My file went to the judge on 26th June.

[joneshousehold]

It looks typical Abbey - left hand and right hand symdrome. We rang them up to say we were not repaying overdrawn balance for same reason as you and even made them make a note on the records. Yet they still pursued us for the money and cancelled our debit cards when we didn't pay up. It has backfired on them now because we have had 100% offer in settlement but told them it stays in court until money received. We however cannot check the balance as they have cancelled the card! Excellent stuff.

 

I wouldn't worry about this letter. They are trying to treat your claim as a complaint because it seems to be the only mechanism they have for handling these cases. When they don't reply in time you will have more ammunition to hit them with - a complaint about them to Ombudsman will cost them more money.