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    • I understand what you mean. But consider that part of the problem, and the frustration of those trying to help, is the way that questions are asked without context and without straight facts. A lot of effort was wasted discussing as a consumer issue before it was mentioned that the property was BTL. I don't think we have your history with this property. Were you the freehold owner prior to this split? Did you buy the leasehold of one half? From a family member? How was that funded (earlier loan?). How long ago was it split? Have either of the leasehold halves changed hands since? I'm wondering if the split and the leashold/freehold arrangements were set up in a way that was OK when everyone was everyone was connected. But a way that makes the leasehold virtually unsaleable to an unrelated party.
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James31 vs Abbey


James31
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:mad: hay beedy and james,

i recieved this letter this morning:

 

dear miss jones

thank you for contacting us and i am sorry that you have been so unhappy that you have felt you must complain.

 

one of my team will be responsible for investigating your complaint and i have enclosed our complaints leaflete.

i did ask in the letter i sent them not to do this.....

i know it is important to resolve the matter quickly but we want to do this in a proper manner and this can take time.

if we have not contacted you before then we will write to you in 4 weeks and let you know what is happening.

 

it then goes on to say if i employ some1 to help me in my claim they are not liable for any cost incured

abbey, in general will only make payment directly to the bank account holder(s) if my complaint is upheld and redress is due????

what the hell does that mean!!!!!!!!!:confused:

keep up the good work you boys

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James,

t then goes on to say if i employ some1 to help me in my claim they are not liable for any cost incured. abbey, in general will only make payment directly to the bank account holder(s) if my complaint is upheld and redress is due????what the hell does that mean!!!!!!!!!:confused:

It means that Abbey think we are so stupid that we need to employ a lawyer; and that if we win they pay us the money. Well, thank you Mr Abbey, I hadn't realised that - Duh ! Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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I THINK I SHALL BE CALLING MYSELF MAD CHERYL!!

THEY REALLY DO THINK WE ARE STUPID DON'T THEY

WELL I'M GOING TO BE GETTING MY L.B.A LETTER READY

4 WEKKS MY A**E

THEY HAVE TILL THE 19TH BEFORE I SEND IT OFF

I HOPE I CAN GO TO THE COURTS BECAUSE I'D LOVE TO GET THE INTEREST BACK AT 8%!!!!

I WAS SCARED TO DO THAT AT 1ST BUT NOT NOW!!!

BRING IT ON

REGARDS CHERYL X X X X X X :mad:

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Cheryl, I'm surprised you got that letter because I don't believe you've actually written to make you claim yet have you?

 

Thought you were at the same stage as me - waiting for the microfiche print-outs?

 

Hmmmm.....

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Apologes, I see you sent the letter on 8th Feb. I'm obviously losing the plot!

 

So, I'm slightly behind....I've had the pam speed initial letter and some statements but not the microfiche print-outs yet.

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Slightly concerned that I haven't had an actual letter with the usual "here's 12 months, the remainder will be under seperate cover". I assumed that letter would come with the first batch of statements.

 

i didn't recieve any letter untill the microfiche batch came through!!!!

and all they said was the microfiche are on there way!!!

and (get this) here is 12 months worth of statements!!! i got them over a week earlier!!!!

they really are organised eh!!!:rolleyes:

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i thought you had fallen out with me then james!!! lol

 

how would you estimate if you had to???

 

would you add up a years worth of cahrges then divide by 12???

 

and if so should i estimate a bad year for charges or a good year???

 

i'm starting to get mad that they have not sent me 4 months worth of charges???

 

i don't want to mess up by over estimating though!!!

 

i'll keep an eye on you james lol

all this assertive behaviour is making you dillusional!!!!!!

 

i think i'm only a week in front though sweetie x x x

 

i could be debt free before my 29th birthday!!!!

 

keep it up :rolleyes::wink:

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Guest beedydad

Hiya

 

I sent off my LBA last week, which was partially based on known charges as had fortunately kept 3 years of statements, and part "estimate" for the previous 3 years.

 

I wanted to get it in asap - and had asked frot he etsimate to be takeen into consideration but gave me the chance to request actual rebate based on true figures as and when known.

 

I did speak to Abbey as well 1) to check the letters arrived - I faxed them over (saves the special delivery charge) and emailed it over as well - it keeps them on their toes and 2) to see what happens!

 

Interesting reply as had instatntly moved my case to a "stage 2"!!! what ever that exactly means>? does it mean they will review again? and secondly I asked what they do about missing statements and charge records - the girl mentioned that they do hold records to access these regardless of whether they reply to SAR's!

 

 

Keep the pressure up:-)

 

Beedydad

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No point in me estimating mine, I'd just get myself over excited!

 

If I was though, I'd add up what I had for the related 12 month period (so if I only had 9 months of statements for 2006, I'd add those together) and then divide by the number I had in order to get a monthly average.

 

Then multiply that average by the calculated monthly amount.

 

Seriously though, it's early days for me still, I'm only about 18 days into the S.A.R. 40 day period. Happy to sit tight and wait for the print outs.

 

James

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Received my microfiche prints today! The sound of the letter hitting the mat... doooof! :D

 

The total charges are slightly less than I originally thought (estimated 10k):

 

£7,927.00 charges.

£8,607.89 inc. interest @ 8%.

 

Still a fair amount of money.

 

It being 15th Feb, I will be charged for January in 5 days time, so I'll hang on until then so I can include those, update my totals and then get my claim off.

 

James

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oh nice one james. i've not been checking my email for a while so i've got to get through loads a post!!!!!

i sent my L.B.A off today so i'm a few days behind BEEDY.

remember james you don't add the 8% untill you have put your claim to court...... then it is 8% per day.....

i don't wnat you claiming that yet as it can mess things up 4u x x x

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Thanks, yes I know not to add any interest at this stage. I'm following the guides...

 

I made a small change to the spreadsheet though; as it stands it does calculate slightly too much interest due to the number of decimal places by default...

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  • 2 weeks later...

Sent my claim today. I was waiting until I had been charged this month. I've also included charges due to come out of my account in March, as I know what they will be.

 

I do need a bit of advice however....

 

I've got two accounts with Abbey. The one I'm making the claim against is currently £10,000 overdrawn, with a £10,000 overdraft facility. The other account is a joint current account which is in credit.

 

Abbey sent a letter which arrived today asking for my card and chequebook back because I've recently had to restructure my payments to creditors via CCCS, one of which is my Abbey overdraft. CCCS will be sending them £77 a month (from a total of £504 I pay to the CCCS).

 

It's all rather bad timing, but what I would like to try and avoid is a situation where I successfully claim my charges, to then either have Abbey:

 

a) Take money from the other account with them to clear the first.

b) Put charge claim money into the 10k overdrawn account.

 

So my question is, how can I best manage this in order to have a cheque from Abbey and the end of the claim and NOT have them use it to clear the debt I owe? (As this should be evenly distributed amongst my creditors).

 

In reality, assuming the claim is £9k, I'd quite like to take a couple of grand for myself and pass the remaining 7k odd to CCCS for distribution. Any suggestions appreciated....

 

James

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is this a IVA???

if so they can't breach their contract which has been made by the IVA and pester you for the money

you can request your payment to be made in cheque form

good luck chuck x x x x

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Hiya,

 

No, it's a Debt Management Plan (DMP) with CCCS. Not quite as drastic as an IVA....

 

If you or anybody else know whether or not I can request payment by cheque regardless, would be good.

 

James

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Hi James,

 

You can request a cheque, but you still have the overdraft to pay and that is what is keeping you poor. Get rid of the overdraft, DD's, and creditcards. They are the biggest drain on your finances. I got rid of my overdraft when abbey withdrew it in June last year, I thought hell what am I going to do. I received a GOGW, paid into my account and swallowed by the overdraft, but now I have no overdraft, no creditcard debt, no debit card, no cheque book no worries. It did me a favour, at the time I thought I would go under, but it was the best thing that could have happened to us. I just have the mortgage to pay and the normal bills, the first time in 4 years that I feel free. Everyone must get away from the banks, they are bleeding us like vampires, when you are out of their grip it feels so good. I know better than anyone that the other debts can seem more important, but it is the ones that cost you the most that matter. Having gone through the ringer with the abbey, stuff them on the claim stages, but get them off your back when you get your money back. The moral of the story is, NEVER TRUST A LENDER AGAIN.

 

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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  • 2 weeks later...

oh my god. i've only gone and done it. the claim is in i'm officially taking my bank to court, lol. bl**dy scared now but a little excited. i'll keep you all posted and let you know if and when i get a court date.

:D:eek::shock: :shock:

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Well done James31 for taking the plunge - I am right behind you, due to file on 20th March! Know how you feel - all the best with your claim.:D

[FONT=System][COLOR=darkorchid]29.1.07 - S.A.R - (Subject Access Request) letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=darkorchid]17.2.07 - Preliminary letter sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]5.3.07 - LBA sent to Abbey[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]28.3.07 - N1 filed at Worcester CC![/COLOR][/FONT] [FONT=System][COLOR=#9932cc]1.7.07 - AQ filed at Worcester CC[/COLOR][/FONT] [FONT=System][COLOR=#9932cc]6.9.07 - Court Date!!![/COLOR][/FONT]

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