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    • I recently had the misfortune to return a faulty item to curry's.  Day one lets call it i returned the item to the store and asked for a refund and was refused due to not having a receipt, I escalated the issue to the duty manager who also refused the refund who insisted I needed a receipt and the documentation I had withy me was not acceptable.  I asked him if he wished to check his position as I believed he was in breach of my consumer rights. he refused, So I left to check up on my rights to return the item. After checking I was indeed correct I returned to the store the next day and again asked for a refund and again refund refused by the same manager as before. At which point i asked him if he would confirm in writing why he was refusing to issue the refund again he refused. at which point he said "I could get the police to have you removed" to which I replied that he was in his rights to do so. Police arrived and asked what the issue was I explained that store would not refund a fault item  and was informed that it was not a police issue so they could not help me, but that they would like me to leave the store to prevent a breach of the peace. I responded that If I had been asked to leave the store I would of done so, but as I was never asked to leave I had remained trying to get my refund. As I was exiting the store the manager informed me that I was not welcome in any curry's/pc world stores again and would have to take my issue up with head office.   I have received my refund and had acknowledgement from the curry's ceo team that the documentation I supplied on 2 occasions was all that was required for a refund. They have offered compensation for my time which I have refused as i believe that there is a larger issue here than money.   This below maybe wrong ..hence me asking here. If I was a member of one of the protected groups as defined by the equality's act the burden of proof for discrimination cases falls on the shop owner to prove I was not refused service because I fall into one o0f those category's .(  I am in one of those categories , but its irrelevant ) But if I did not fall into one of those categories the store manager or any employee can refuse access to the store or stores because lets say I was wearing a pink tie on that day and he was offended by the colour Pink and there is no legal or civil recourse. I understand a shop is private property and they can refuse access, but I cannot believe within within English law there is zero recourse for an individual who feels like they have been discriminated against unless you fall into protected category under the equality's act as that seems to fly in the face of the whole purpose of the act was was to provide equality for all. Sorry for the long post.   Could someone point me to where I can find more information on the rights to access a shop and there rights on refusal as it seems to me a change in law may be required. As being refused access to a store because the manager cant do his job seems a little extreme to me. Is it possible to take civil action against the employee of the store or must it be through the company. Thanks in advance for any replies.  
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Mad Nick v Abbey ***SETTLED IN FULL***


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Just subscribing as you raised some good points earlier on mutaiality and fairness wi=hich i may borrow for my case against abbey as try for the unauthorised rate at 28.9%

MY CASE

 

Newbody Vs Abbey

 

NB: Please read the FAQs & step-by-step instructions thoroughly & completely before commencing any action

 

the following is a link to a web archive of abbey websites over the time click on month under year to access Abbey's site for that time period to get what the terms and conditions were for when you opened your account Internet Archive Wayback Machine hope it helps or here for where i have started to pull them out to http://www.consumeractiongroup.co.uk/forum/abbey-bank/91707-archives-abbeys-web-pages.html

 

Advice & opinions given by me are my views or how i would respond, and are not endorsed by the Consumer Action Group & are offered informally, without prejudice & without liability. Your decisions & actions are your own - if in any doubt, seek the opinion of a qualified professional

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Truth42, maybe it's because I sign my letters "Lots of love, Mad Nick" !

 

Newbody, always a pleasure. FWIW my latest research project is Abbey's account archives (because after this claim I'm going after >6years). GlennUK reckons that a company called Recall (US-based but sites in UK) does Abbey's data storage and retrieval; and I found "Restore UK" which is the UK banks restoring dormant accounts from the 1930s/40s to descendants/estates - and guess what, Abbey confirmed they had all the information. Mmmmm. Curious that.

 

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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I'll be watching your case with interest as I'm a step or so behind you. I start court proceedings tomorrow.

 

Truth - I've not had any GOGW from Abbey either, just bog-standard bog-off letter with a smidge of intimidation.

 

Any ideas how they choose which customers to send GOGW's to and who to try to scare off?

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Another little titbit. I gave Abbey the chance to choose SCC or Fast Track and to comment on my draft AQ Other Information and draft Directions. They make it as plain as day that I'm after them disclosing their actual costs. Well, surprise, surprise, even though claim is for £8K+, they replied “We are content for the matter to proceed in the Small Claims Track. No Directions are required in the Small Claims Track.”

Funny that (LOL), because my understanding (and anyone correct me if I'm wrong) but Directions are entirely at the Judge’s discretion. I think young James is a bit confused between Standard Discloure (which is only Fast Track and above) and Directions. So that went straight in my AQ - that should get the Judge annoyed with Abbey. Tee hee. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Just want to say that, in the light of Glenn's recent experience, I have spent the last 2 hours making sure I've got proper justification for claiming restitutional compound interest. As I suspected about a month ago, it's a bit of a minefield. I'm just glad I stuck to reclaiming the interest they took rather than seeking interest off them at the unauthorised ovedraft rate. All I can say is that the sooner that draft Bill "Interest on Debts and Damages" becomes law the better. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Truth42, no, it's all gone quiet. I sent James Arrandale an E-mail scanned copy of my AQ (got a read receipt !) and I've worked out how to combat them if they try to settle just the charges and challenge the contract interest I'm reclaiming (much like they did with GlennUK). I've printed out my Court Bundle, but I'll wait for the Directions and a Court date before I do much more. So now I'm really just watching with envy all those people being settled - congrats to them all. Regards, Mad Nick.

Abbey £8370 settled 17 Apr 07

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Barney, Yes, and I even sent Abbey my draft AQ before I returned it (inc the LLoyds @ Lincoln abuse of process and list of settled Abbey claims). Abbey haven't taken the hint yet though. Have to wait to see what the Judge directs. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi Mad Nick,

 

It will sink in with them sooner or later that you are not a sheep. Some time soon !.:D

 

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...

It's raining and I'm bored. Abbey returned their AQ to the Court one day before the deadline (2 March). Vaguely interesting bits :

  • they ticked YES to using expert evidence but have ticked NO they haven't obtained any, LOL. This is a bit of giggle anyway because they are requesting SCC (see below) where no experts are allowed LOL.
  • Then in reasons for which track they've written : "In the interests of commerciality the Defendant consents to the entirety of the claim being dealt with in the Small Claims Court." You bet they do - to avoid Standard Disclosure. Have to see what the Judge does about my draft Directions. LOL

And the funniest bit - the copy they've sent me is barely readable. I think their photocopier toner has run out with all the claims they're processing !!! Told you I was bored. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi Mad Nick,

Things seem to be dragging a bit now dont they. Im at more or less the same stage as you. My AQ deadline was 26th Feb and I returned it a week before. Havent received a copy from Abbey or any correspondence so Ill get my boyfriend to phone the court tomorrow and see if they actually filed theirs before the deadline. I assumed they would but maybe not hey..... (well wishful thinking anyway)

 

Tink x.x.x

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Posted my AQ off last week - it had to be filed today (5th March). How long should I give the court before I ring to see if Abbey have defaulted?

 

More wishfull thinking going on here Tink ;)

2 Accounts with statements back to Feb 04 = £802 in charges

S.A.R received by Abbey 22.09.06 .......start the clock!:D

9.10.06 received letter from Pam Speed 'information to follow'

12.10.06 received last 14 months of altered statements :rolleyes:

01.11.06 LBA sent to Abbey for statements

10.11.06 received statements back to 2000 - on one account:|

15.11.06 2nd LBA sent for outstanding information

26.11.06 Outstanding info arrives

30.11.06 Prelim for £1089 received by Abbey

06.12.06 Sorry you are unhappy letter received

21.12.06 Sent LBA giving 14 days before court action

22.12.06 Received GOGW for £375

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adw, FWIW I'm going to give the Court a couple of weeks before I ring them - presumably, a Judge has to wade through a whole pile of AQs and decide on track & directions (and their Admin have to schedule a date) for each one, then each one gets typed up and posted out to all parties. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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It's raining and I'm bored. Abbey returned their AQ to the Court one day before the deadline (2 March). Vaguely interesting bits :

  • they ticked YES to using expert evidence but have ticked NO they haven't obtained any, LOL. This is a bit of giggle anyway because they are requesting SCC (see below) where no experts are allowed LOL.
  • Then in reasons for which track they've written : "In the interests of commerciality the Defendant consents to the entirety of the claim being dealt with in the Small Claims Court." You bet they do - to avoid Standard Disclosure. Have to see what the Judge does about my draft Directions. LOL

And the funniest bit - the copy they've sent me is barely readable. I think their photocopier toner has run out with all the claims they're processing !!! Told you I was bored. Regards, Mad Nick

 

that post made me chuckle Nick, sounds like they are drowning under the mass of claims flying at them & starting to make daft mistakes! Keep us posted on your progress, BTW many thanks for your advice on my case so far.

April 2007: Claim v Abbey settled £680!

July 2007: Claim 2 for £307 WON! after quiet word from the bailiff!!

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Hi Mad Nick, your posts have made me chuckle. I've only got a weeny claim compared to yours but nevertheless nervewracking waiting for court date. I'm now going to subscribe to your thread to keep me sane....lol

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From "Litigation Concluded" search on Abbey, the reference numbers for five more Abbey claims settled prior to Court

6QZ73062

6QZ93002

6RG04466

6SY01327

6TQ01886

to add to the ones in post #10 here : :http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

Abbey £8370 settled 17 Apr 07

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Mick, still trying to decide what interest to charge on mine. Exactly what interest are you claiming? you talked about claiming contractual, then say

 

Just want to say that, in the light of Glenn's recent experience, I have spent the last 2 hours making sure I've got proper justification for claiming restitutional compound interest. As I suspected about a month ago, it's a bit of a minefield. I'm just glad I stuck to reclaiming the interest they took rather than seeking interest off them at the unauthorised ovedraft rate. All I can say is that the sooner that draft Bill "Interest on Debts and Damages" becomes law the better. Regards, Mad Nick

 

Then you say

 

It's all gone quiet. I sent James Arrandale an E-mail scanned copy of my AQ (got a read receipt !) and I've worked out how to combat them if they try to settle just the charges and challenge the contract interest I'm reclaiming (much like they did with GlennUK). I've printed out my Court Bundle, but I'll wait for the Directions and a Court date before I do much more.

 

Did you claim at authorised rate (about 16.9% I think)? instead of going for unauthorised rate or statutory 8%

 

I've got plenty of time to decide I guess, in the process of getting 2 defaults removed which I believe are wrong from HSBC, before open parachute account. Don't want a basic account. So I keep going backwards & forwards as mentioned in my thread here.

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