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    • Before you start this claim you need to have a lot more confidence in what you're doing which means that you need to understand the way forward in the principles involved more thoroughly. We will help you and you will probably get your money back but this is a self empowerment forum and so you have to do your bit as well. Please will you spend at least the next couple of days reading through the stories on this sub- forum. Try to understand them thoroughly. We have lots of stories very similar to yours but even those which are not similar, have principles in them which apply. In particular you need to read and understand the information in the pinned topics at the top of the sub- forum. I know that you have been reading around here for the past couple of hours but it needs a lot more. You aren't in a huge hurry. Wait a few days before sending a letter of claim and also that needs some amendment as well. Come back here when you've done your reading and then we will have a look at your letter of claim and help you to refine it Also, please tell us the value of the laptop. Was it properly declared as a laptop – and was the value properly declared
    • Unsure what would be classed as appeal I first contacted the applicant then IAS. I am not aware I could appeal again as Bank state I was informed that is news to me. I would have to look through the paper work, I apologise I forget so much due to my caring duties wish I had quality time to get so much done. Will try and look tomorrow, appreciate everyone's time and input.
    • Regular savings accounts are accounts designed for savers who put money aside every month and reward them with a generous interest rate.View the full article
    • Hi, I've been reading the invaluable advice on this forum and reading about the problems with Evri and lost delivery of items.  From what I gather the initial steps after having exhausted every's own lost item claim process is to draft a Letter of Claim, I think it is called and to register with the government Money Claims.  I have got a login for Money Claims and have made an initial stab at the letter but I'm not certain I have got it right. Am I right to assume that having exhausted Evri customer service's claims process and having received the denial of any compensation because the laptop I was sending is on the non-compensatory list that my next step would be to send the Letter of Claim to them? Let me provide some basic details which I hopefully have addressed in the letter. I purchased a laptop through Amazon.co.uk which a business in Belfast sold refurbished laptops through.  They had a 30 day money back guarantee for a full refund if you have any issues with the laptop.  I have the invoice from Amazon showing the purchase.  On 27 April, 2024 before the end of the 30 day period I used their ParcelShop (inside a Tesco) to send the laptop back and have the tracking reference mentioned in the letter.  As mentioned in the letter there was they advised they could not give me or sell me any insurance because laptops are on the non-compensatory list so I just paid the normal delivery cost.  It was scanned as leaving the ParcelShop on 29 April and the tracking has been like that ever since.  After a 28 working day Evri claim process they gave the expected response that they could not provide any compensation and simply could not proceed with my claim. I was hoping to get some advice on whether I go ahead now and email this to Customer Services straightaway and should I send a hard-copy to the Evri address as well?  Or are there any steps I have missed out on first?  I believe 14 days is the reasonable period of time for them to respond so if I were to send it tomorrow, for example 12 June then I should expect a reply by 26 June, is that correct and fair?  And assuming they don't reply with a full refund then I would then go down the government Money Claims site to proceed with that? Sorry for all the questions, I want to make sure I go about it properly.  I'll continue to read through other cases on here so I can get an even better handle on the process. I attached a LOC, happy for any edits or updates that will make it even better. Thanks so much for anyone's help! Regards, Matt Evri letter of claim.docx
    • The date was 3 June. Get on MCOL now. The legal principle is that, even if you defence is late, if the other party hasn't requested judgement, then your defence takes priority and is accepted. You might be in time. When I say now I mean now.  Recently we had someone who was nine days' late and this was pointed out to them at 5:30pm.  They faffed around till 11pm.  When they went on MCOl they saw that judgement had been entered at 7pm. Every minute is vital. File the below standard defence if you still can - 1.  The Defendant is the recorded keeper of [motor vehicle]. 2.  It is denied that the Defendant entered into a contract with the Claimant. 3.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance.  The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner.  Accordingly, it is denied that the Claimant has authority to bring this claim.    4.  In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5.  The Claimant is attempting double recovery by adding an additional sum not included in the original offer.  6.  The Particulars of Claim is denied in its entirety.  It is denied that the Claimant is entitled to the relief claimed or any relief at all.
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bennett v abbey


bennett01
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Hi All

Posted final letter to Abbey on 17/10/06 requesting full setlment of all bank charges. awaiting their responce+just received information pack from court and will today fill in just in case. :-o:rolleyes:

 

Bank Charges

Direct Debit Charges £1600

Interest inccured Charges £400

Interest Charge for Being overdrawn £460

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Hi Bennett, welcome to the family.

 

Please start your own thread in the Abbey forum....

 

Click on this link............

 

Call it "Bennett v Abbey" or something like that so that you can find it easily.

Post any questions and progress reports there.

 

Good luck with your claim.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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Sent final letter 1 week ago given 7 days to here from them but sadly there not contacting me. sent letter to Bradford but when i call re-directed to indie has anyone the phone number for this?also after looking at all my statements they owe me more than i first thought

 

 

 

Bennett v Abbey ONGOING :p

charges for being overdrawn £210

Interest on being overdrawn £339.69

Direct Debit Charges £1414

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Contact info for Abbey is here.

 

Good luck!!

HSBC

7th October 2006 - Prelim for £3078

24th October - LBA

7th November - Claim filed

11th November - Acknowledged with intent to defend

11th December - Defence filed

16th December 2006 - Offered full amount but no default removal. Rejection letter sent.

 

Halifax

7th October 2006 - Prelim for £3427

24th October - LBA

3rd November - Offered £913

3rd November - Accepted as partial payment

7th November - Claim issued

21st November - Acknowledged with intent to defend

11th December - Offered full amount but no late payment removal

4th January - SETTLED + removed adverse credit info

 

A & L

19th October - Prelim for £540

26th October - Offered £358

2nd November - Accepted as partial payment and LBA

27th November - SETTLED + removed adverse credit info

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Just recieved reply today taken them 7 days. in short

we are sorry we have not been able to resolve your concernce one of our team will look at all relevent facts review any paperwork and talk to the people involved so that they fully understand the problem. it is important that we resolve your complaint quickly a thorough investigation and this can take time IE 4 weeks. after all the complaints they have recieved you would think they would understand plain english (GIVE BACK WHAT IS NOT YOURS). do i give them the time or go directly to court. the letter sent was the 3 letter in responce to their first 2 letters.

 

 

Bennett v Abbey Ongoing

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From the FAQs:

 

 

Q. Do I have to send a letter before action?

 

A. Yes, you should give the bank written notice that you will be suing them.

 

From the step by step guide:

 

(4)

 

If you are not offered a FULL refund then proceed to the Letter Before Action (LBA) in the library.

 

However do make sure that you understand that there is a possibility that the Bank may decide to defend and that you may have to present your case to a judge in a Small Claims Court. This is very rare, but you should be aware of the possibility.

 

If you have to issue a court claim, the spreadsheet mentioned earlier will also calculate interest at 8% as allowed by s.69 the County Courts Act (1984) and which you will add to your claim at that point. NOTE: you do not claim the 8% unless you put in a court claim.

 

From the Bank Template Library:

 

3. Letter before action - Consumer version - asking for it back

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Sent LBA 17/10/06 recieved letter from them 7 day later. comments we are investigating your complaint but would take 4 weeks.

Second letter recieved today comments we are sorry for the delay and thank you for your continued patience.(7 more days then my patience will be court action. and also today,a further letter they have stopped all direct debits to my accounts(I Cancelled all these 3 weeks ago and also moved my wages to my a Another bank) they also say this account will be cancelled until i pay my overdraft of £700 +£183.32 from last months charges(I phoned them only last week to arrange payment that i can afford off the overdraft not the charges but they said I can not pay anything off this untill I pay the charges first and until i do, the will continue to place further charges at the unauthorised rate + Interest. and also return all cards in 7 days or further action will be taken IE send a feil agent further cost £45 +VAT PLUS their intention to register a default to a collections agency for full recovery of the Debt. there getting tuff but i will continue my fight.

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Sent LBA 17/10/06 recieved letter from them 7 day later. comments we are investigating your complaint but would take 4 weeks.

Second letter recieved today comments we are sorry for the delay and thank you for your continued patience.(7 more days then my patience will be court action. and also today,a further letter they have stopped all direct debits to my accounts(I Cancelled all these 3 weeks ago and also moved my wages to my a Another bank) they also say this account will be cancelled until i pay my overdraft of £700 +£183.32 from last months charges(I phoned them only last week to arrange payment that i can afford off the overdraft not the charges but they said I can not pay anything off this untill I pay the charges first and until i do, the will continue to place further charges at the unauthorised rate + Interest. and also return all cards in 7 days or further action will be taken IE send a feild agent further cost £45 +VAT PLUS their intention to register a default to a collections agency for full recovery of the Debt. there getting tuff but i will continue my fight.

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Hi bennet,

You seem to have 2 threads going, both with the same content. Ask someone if they can either merge them for you or how to delete one of them.

Prelim request letter sent 19/10/06

Reply from complaints Dept received 01/11/06

GOGW received 11/11/06 for £210

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HI

As you have started the process of reclaiming the charges you should write to Shabbey and say that the account is in dispute and therefore they should refrain from adding further charges until the dispute is resolved.

Hope this helps

 

Thank you but have tried this over the phone. They said that it a seperate issue but if successfull in my claim i will be paid this back. in the meantime they said i will have to pay and still gain further charges.

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Hi

Get your money claim in and add all the charges up until day you enter the claim. WRITE to Abbey and inform them of your pending court case and that this puts the overdraft amount into dispute and that they should refrain from adding further charges until resolved.

This shoulkd work but if not keep track of anymore charges that they add and either asked them to be refunded as well when you get to the settlement stage or just start a second claim for any new ones.

Once they know you mean business by issueing court claim they should stop.

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Hi

Get your money claim in and add all the charges up until day you enter the claim. WRITE to Abbey and inform them of your pending court case and that this puts the overdraft amount into dispute and that they should refrain from adding further charges until resolved.

This shoulkd work but if not keep track of anymore charges that they add and either asked them to be refunded as well when you get to the settlement stage or just start a second claim for any new ones.

Once they know you mean business by issueing court claim they should stop.

 

Thank you for your quick responce i will do this right now.

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there at it again as said in a thread yesteday they have closed my account has to my overdraft £700 they will not accept the £40 pound per month they will only accept min of £75 I told them this is too much i am on low income. + the further charges of £183 +a further £230 both these are overdraft and interest om my £700 overdraft in one month IE Octobers. the person I spoke to was dan at the dept management dept Milton Keynes. however this chap said the only way around this is for my wages to go back in to the abbey and he would give me a £1.300 overdraft to pay off what I owe.and then each Month to pay off this one. thus reducing the interest each Month on this new one. but in the next sentence he said no this would not be posible because this would take 18 months to pay off and we only allow 3 months to pay any overdraft off.

I have also put my request to pay of the overdraft in righting and have sent this on friday yesterday. In the end he said the will contact Dept Management Councillor it is the only solution to my problem then I reminded him if it was not for this bank taking between £200 and somtimes £300 a month and every Month from my account

I would not be in this situation and only take home £200 per week. I have sent in my LBA on the 17/10/06 3 day to go before court action but I dont know were to go with the above.

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

please help Abbey has given refund of £555.00 week did check my account to see but what the crafty devils had done is paid this of the full balance overdraft at £700 +charges+interest came to £1.109.63. so they paid £555 of the full balance which in avect was their charges but then reducing the overdraft by only 153.25 so the mony that was pain in there so called refund was taken back in charges. could someone please explain to me if i have misunderstand there good will gesture. and they have taken my overdraft away but still say that i have £546 75 to pay of the overdraft and the charges and interest will continue on the £546.75 remaining. and after talking with them today and being a little obstinate i asked the question if you have taken the overdraft away then i dont owe money so the £546.75 is mine then of cause this person said you have gone over your overdraft so you still owe this money. my comment was please explain to me because my brain is not working, you have taken away my overdraft this no longer exist and dont have one so why do i owe this money.woman then said i can not talk to you if you continue to be obstinate. but all this time i was very polite

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Hi all just received papers from court this morning abbey have acknowledge also did ring court to ask how long i have to wait before abbey have to send there defence in, have been informed by the 8 dec looking forward to what there defence will read.

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