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    • Thank you to you all, you guys are amazing!! Yes of course i will be making a donation, i am very grateful to you all. Keep up the good work
    • I'm not quite out of the woods yet. The email they sent me also said that I have £290 of arrears and it has been passed onto their collections department. If anything my account should be £10 in credit.  They haven't taken into account the trainers that were returned back in October. The other items have been credited to my account so it looks like I've still got work to do.  They are not very quick to reply to emails, although I've only sent one trying to find more information, and I have no idea what happens next. Half of me want's to get it sorted properly the other half just wants it over with, if that means a default then so be it. 
    • No. It's a public (council maintained) road with some houses in it.   Some other houses back onto it too and those owners have right of way down the road to access the back of their properties.  Theres a few garages with private osp - so one drives out the garage, over the osp, and onto the public side road and then out on to the public main road.  Irrespective of whether the garages are used - the local businesses parking their cars on the private osp are ostensibly preventing cars from accessing the public roads.
    • is the side street solely for access to your garages? who owns the land and thus the road? dx  
    • A local business has been parking on an off-street parking space in front of my garages (in a side street).  I wasn't using them for a while so didnt bother to do anything.  But now a second local business is also using the osp - taking it in turns with the 1st biz.  This has started to nark me.    The employees choose to drive to work.  There is no private parking in their business's street.  But there are some underground secure garages in their street - which cost apx £2.4k/y to rent - which works out apx £6.60/d. (I believe one of the biz owners already rent one for storage purposes).  If the employee had to park on a meter it would cost them £6.60/h - £66 for 10h and have to move every 4h.  They just don't want to pay for parking. I haven't confronted either of them.  Instead I just put 2 clear "no parking" signs in front of the garages. And a note on one of the cars specifically saying that as they don't live or rent in the street and it's private land could they stop parking.   They ignored that.  And just put notes on their dash with a # to call if one needs the car moved.  There is a sign and they've been told in writing to stop parking. And they are just ignoring it.    I don't what a confrontation.    I don't want to go to the expense of bollards (other than maybe traffic plastic ones - but they'll probs just move them).  Council won't do zilch cos it's private land. And police won't get involved - unless I clamp/ tow the cars and then they'd be after me, not the drivers!    What's the best thing to do?
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Time delay after LBA


FoxyFiona
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Hi Guys,

 

I have started the process of reclaiming charges from the abbey, I reached the LBA action stage sending a letter at the end of October, I did get some (not nearly enough) charges refunded to my account. I sent the letter saying they had 14 days or court action would commence.

 

The problem/question I have is, that I missed the date to put them in court purely because I didnt have the court fees, have I missed the chance now?? or can I still proceed with court?? do I have to send them another LBA letter??

 

Any comments/advice gratefully received

 

Thanks Fiona

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Ah thanks Michael,

 

I was hoping that was the case. Fingers crossed for a victory! Watched an interesting programme on BBC last night on reclaiming charges, that has spurred me on again.

 

Fiona

8) FoxyFiona

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  • 2 months later...

Hi

Thanks for you kind message. Just keep going remember it's YOUR MONEY. any help you need we're here to help. I hope you have now filed your N1 and the next thing will be Abbeys standard defence don't be worried or trodden down . I will keep looking at this thread for updates. Think what agreat Summer Holiday you can have :D :D

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Hi Foxylady,

 

I filed mine last week and have heard nothing from the Abbey, but received my papers fromthe court yesterday all stamped etc. So now waiting to see happens now as they will have received their notice yesterday too. Quite nervous now! Will keep you posted, please kep me posted too looks like we are at exactly same stage.

 

Fiona x

8) FoxyFiona

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  • 2 weeks later...

Hi Guys,

 

Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

Foxylady, have you heard anything back yet?

 

Fiona

8) FoxyFiona

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Foxy, it seems to be 99% of time, the bank automatically states they will be filing a Defenceso no need to get anxious about that. It's all about stalling, the longer they can keep from issuing a cheque, the longer they utilise YOUR money!

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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Guest louis wu
Foxy, it seems to be 99% of time, the bank automatically states they will be filing a Defenceso no need to get anxious about that. It's all about stalling, the longer they can keep from issuing a cheque, the longer they utilise YOUR money!

 

 

but the more interest @8% they pay. Its just false economy, but if just 1 person pulls out at this stage its worth their while.

 

Just keep at it, your doing fine.

 

Best of luck

 

Louis

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Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

yep that's normal then they issue their defence around day 21

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Hi Guys,

 

Just got a notice back from the court saying that the Abbey intend to file a defence and have 28 days from the 19th March 2007. Is this what they are doing with everyone? Have a feeling its a stalling tactic.

 

Foxylady, have you heard anything back yet?

 

Fiona

 

Hi Fiona,

 

Just reading through your thread and wondering whether you've got your dates right. It's 14 days from the date deemed served to acknowledge, and 28 days to defend. That's 28 days from the deemd served date not from the date of acknowledgement.

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi foxy

 

have you had letter today from Abbey as they have asked me to re send in my charge details as i should have sent them in with my claim form when i filed a claim.

 

not sure whats going on when is the deadline for them to reply back after the 28 days they asked court to file there defence little confused still on that one?

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i should have sent them in with my claim form when i filed a claim.

 

You will need to supply these, like you said they should have supplied them when you filed your claim.

 

Your posts have confused me so here is what happens now.

 

N1 filed or mcol, it's deemed served generally 2 days after it's issued, Abbey then have 14 days to acknowled the claim and decide what to do next, at present they are filing a defence in full which will then give them a further 14 days to send their defence to you and the court , so we are now 28 days from the deemed served date, in brief two lots of 14 days.

 

Once the court receives Abbey's defence it then will send you the AQ which gives you 14 days to complete and return to the court, the AQ will be a N149 or N150 depending on the amount of money you are claiming.

 

You should now be looking at all the posts on completing the AQ

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-34.html#post686355

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Hi foxylady,

 

I sent a full list of my charges claiming with the court forms N1, so that must be normal to ask if you didnt include it. I havent heard anything from Abbey at all (yet). I expect I wont until the court questionnaire comes. Dont panic just keep the faith! As everyone keeps saying and I have started chanting to myself when panic sets in "its your money youre fighting for" If in any doubt with anything just call at the court I had a chat with one of the women there the other day and she was most helpful.

 

Thanks to MARIEJADER for your help and advise to Foxylady (and to me) its much appreciated.

 

Watch this space its all happening now :-)

 

Fiona x

8) FoxyFiona

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  • 2 weeks later...
  • 2 weeks later...

Hi guys,

 

Just filing out me AQ and getting in a muddle, do you send the draft order for directions with it? the one you can download. If you do what do you have to do then? Also stuck at the addiontal information stage as my claim is for over £9000 so small claims not relevant? Help, head in the shed. Think I will leave it and try again tomorrow, often looks clearer when I have left it and return later.

 

Fiona

8) FoxyFiona

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  • 2 weeks later...

Hi Guys,

 

Quick update: Abbey have filed their AQ on the last day. Suggested that is goes in small claims (?) its £9660, so dont how that would work. and they have requested one months stay to try and resolve the claim (yeah right!) hope the judge sees through that one.

 

Would love to hear how you at same stage are getting on, foxylady1970, charliefarley etc.

 

Fx

8) FoxyFiona

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Mariejader - where does that leave you now the defence was struck out?? Did they explain abuse of process? Were they time wasting? Am intrigued............

8) FoxyFiona

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