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    • Are we to assume that the asthma is not new and your employer fully infomed about this. 
    • right so you being abroad or informing SLC you were Abroad as the last address plays no part in this at all, thread title updated. total red herring.   your case is the same as numerous ones here already which you need to READ  type in erudio backdoor CCJ in our enhanced google searchbox. get reading a good few of the threads that search points you too.   your mistake is you returned to the uk, you failed to update your debt owners of a change of address as legally you are obliged too, and you got a backdoor CCJ.    your issue now again is the same as most of the threads you'll read, your SLC loans were last deferred to SLC before the gov't sold them to erudio in 2013. that means that the court claimform was issued more than 6yrs after your last written acknowledgement of the debt and thus was already statute barred.   can't see any point in an SAR to anyone.   just ring northants bulk and quoting the CCJ number from your credit file ask for a copy of the particulars of claim ANd the judgement CCJ by email pdf   dx  
    • and neither can drydens hence their twaddle.  and you need to remember that places like cab and ndl etc are funded by the banks and the DCA's in commission payments for signing people up to dmp's without ever questioning the debts enforceability under the cca 1974.   your n244 already has the background..   The Default Notice was issued dd/mm/yyyy and served several months after the initial breach thus the cause of action delayed by X months and the Limitations period prolonged to 6 years and X months which in effect allows the creditor to stop time running and the creditor having effective control of when a limitation period begins or even starts to run.        
    • there is alot of twaddle in that template appeal letter that originates in paragraphs of various letters found on many alternate websites heavily into common law,  FmOtL and sovereign state stuff. i suspect that, luckily, any successes to date came about because of the other correct arguements it has merged into it.   the classic signs of their incorrect arguments always revolve around:   intimating that speculative invoices are somehow a PENALTY Charge, thus anything the PPC does wrong will suddenly become a serious ILLEGAL Criminal matter in a magistrates court, a bigger stick to hit them with.   Sadly PPC's and any kind of compliance issues under UTCCR and CRA 2015 consumer codes are only unlawful, a Civil matter in the county court and the authorities that would be involved in such compliance issues, the FCA, the FOS and the ICO have never got involved in any private parking matters to date. There is also no evidence of any code non compliance ever being legally tested nor playing any part in any of the county court PPC success cases to date. their need for code compliance is a total red herring.   the other classic give away is the same spelling mistakes in all versions - like weather not whether.   can you post up the answers to our template questions as text here not a docx ...thankyou.
    • Hi   This also bring into question exactly what Risk Assessment was carried out by your Employer before and during these works for the Employees working in that environment during these ongoing works.   If they ever did try the disciplinary route due to your asthma attacks the one thing I would be asking for is that Risk Assessment that was carried out before and during the refurbishment works
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Abbey Victim V Abbey ***WON***


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Anyone,

 

It's been a month since receiving Shabby's defence and I have not received anything further. How long does it usually take for the court allocation questionaire to come through? Should I chase the court up or wait to receive further details?

 

Cheers

 

Jason

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I didnt request all my statements. I have enough to prove the £860 of the claim - can I change the amount at this stage? I am worried as I have read about claims being thrown out of court due to the amount being claimed changing.

 

Can I request statements at this stage? My friend just estimated hers and RBS settled no problem so I just followed suit. I just thought if they have added up what they actually owe me they will realise it is a lot more than I am claiming back, so I thought they would be more than happy to settle.

 

I have submitted the letter requesting £940.. they sent the typical response that they would be in touch in 4 weeks, then did the same again at which point I issued them with the letter threatening court action, giving them 14 days to respond. After a week they refunded £105 as a good will gesture. They sent the letter next day telling me if they do not hear from me within 8 weeks they will close the complaint...

 

Can anyone tell me what i should do next.. can i change the amount i am requesting to £860 as i only have statements to back that up and dont want to wait 40 days to get statements from abbey. Should I resubmit the court letter with the "without predudice" part and ask for a lesser amount. Even if i do get my statements back the amount is going to be different from the original claim I suspect well over 1K..

 

Typical me - do everythiing @rse over t*t

 

ax

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ax,

 

Thanks for the link. I have saved it for future reference, as it may go to court. I am hoping for a settlement though. Like you I will accept a reasonable offer, a few hundred less than the £1360 I am claiming. We shall wait and see, although it seems to have gone quiet. I suppose they have got so many to deal with it all takes a while - it must be somewhere in the process. Good luck with yours - let me know on amy progress.

 

 

Keep plodding on.

 

Jason

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Hi

 

Just to warn you we didn't get an allocation questionnaire as apparently the courts are now dispensing with them! However be warned we phoned the court to check what was going on and they told us it was being processed, we then received a letter saying unless we provided evidence of how the claim was worked out (e.g schedule of charges) then the case would be struck out! We had a day to get it there. It might be worth sending all your statements and a schedule of charges to the court. We have now received a court date so I have no idea what will happen now!

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Hi i am a new member,

i,m soon going to court with the SHabbey and am awaiting my allocation questionnaire,cauld anyone point me in the right direction on help in filling this out,thks..flyby09

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Hi Flybe09

 

Are you definately getting an AQ as a lot of the courts are no longer bothering to send them out. It is worth having a list of your charges and copies of all your statements ready to send to the courts as they will want this info. We have a court date with shabbey in August and we had no AQ, have had to pay no addtional fee and have been told just to bring all our paperwork with us to the hearing!

 

Good Luck

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The3roses,

thanks for your reply,i'm not sure only going by what money claim have stipulated.I do have all my statements and charges,so thks for that advice as well.Can you tell me how long you had to wait to get your court date from when the SHabbey first sent you there defence?

Thks again and good luck to you to..

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Hi Everybody.........well, I was going to send my defense off today, seeing the court date is 27th June. BUT.....on coming home from work there is a letter from Abbey waiting for me offering me £2500!!! And hell yes I will accept, thank you very much:-)

And I was CONVINCED I would go to court and lose!!

Thanks all!!! xxx

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Congrats!!!!:D

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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Brilliant news.........Congratulations :cool:

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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  • 3 weeks later...

Hello - Please can you help....new to site so not sure where how to post etc. but my claim has been stayed. I am claiming against Abbey. I think that the order from the judge is positive although its stayed, he has given Abbey 14 days (well 28 after my 14 is up) to provide a list of how their charges are calulated, in the event that they default on this is there anything I should do if this happens??? To make matters worse I am out of the country on the day their date expires ie the 24/7 but I have written to the court and told them this when I sent them my schedule of charges. (I actually went to the court in person to give them these...

My question is, is what do I do if they default, which I am sure they will as they won't reveal their costs...

Do I have to ask for the stay to be lifted if they default....confused?:confused:

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  • 4 weeks later...

Hi Abbey Victim

I have had similar experience. Abbey have refunded me £360 into my account as a good will gesture as they "haven't done anything wrong". They say they have followed all the guidelines and stuff from the ombudsman and I knew about their charges so would lose if I tried to claim. Like you I am glad of the refund, however this is not a patch on what they owe me and I have started court proceedings. I just got their intention to defend notification so I have 28 days to find out what they are going to do! Hope I get a good result. Hope your result is what you want I will keep watching to find out and let you know if I am sucessful

elnf

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  • 1 month later...

Thread moved to success forum.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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