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    • Just to clear it up, sorry I don't make sense sometimes. I have paid £4000 £1200 of that was suppose to clear the £1200 debt.   Meaning I have sent a extra £2800 on top of my normal mainternance money.   Thank you
    • Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation
    • Hi, I shown my key worker a letter that was sent to me saying that I owe £1200, she setup a standing order around 2021, this was to pay back money I owed, with my mental health status I have had complex issues to deal with and I just simply forgot about this standing order so it has been running for about 3.5 years acording to my key worker, anyway I'm not worried about the money that was sent that I call a overpayment, it went towards supporting my child's household so I am just happy with that, I am a little sad that I am being told I still owe this £1200, I have sent bank statements over 3 years worth but they have not taken away this £1200 bill and still say I owe it   Thank you
    • She did try contacting EON in the early days of the debt but they refused to speak to her because she could not pass the security checks. She didn't know the answers on an account she hadn't opened?   I also saw this article recently which could be what has happended here: Debt collection agencies in the UK are using fair means or foul to link people to an address where an unpaid debt has been run up, sometimes years after they have moved out The Guardian Anna Tims Mon 22 Apr 2024 The letter from the debt collection agency arrived out of the blue, and it was intimidating. It informed Joshua Simpson* that he owed £2,212 to Octopus Energy, and accused him of ignoring previous requests to settle the bill. If he did not stump up within 14 days, he was told, further action would be taken to recover the money. Simpson checked his Octopus account – it was in credit. Then he noticed the address where the debt had been accrued between 2022 and 2023. It was his childhood home – which his family had sold 18 years previously. "Since I was only 16 when we left the property, I was astonished that they'd linked my name [to it]," he says. "The debt collection agency insisted I provide a tenancy agreement to prove how long I've lived at my current address. I couldn't, since we bought our home. "They are now actively pursuing me for this debt, causing me a huge amount of stress. We are about to remortgage, and if this debt prevents us switching to a better deal, we will face real financial hardship." Simpson had been sucked into the shadowy world of "identity tracing", whereby investigators recruited by creditors seek to locate individuals who have moved home without paying their bills. It is an unregulated sector where anyone can set up as an agent in a back room without a licence, or scrutiny, and use fair means or foul to identify debtors. Reputable companies join a trade association that operates a code of practice, but membership is not mandatory, and mistakes are common. Last year, a teenage boy was chased for a debt of more than £900 by debt collectors acting for the energy company Ovo. A "trace agent" had somehow linked him to the debt because his parents had previously rented the property in question. An investigation by the Observer established that the debt had been run up by a subsequent tenant. The consequences of mistaken identity can be catastrophic. Individuals who are erroneously linked to a debt face, at worst, court action, bailiffs and a ruined credit rating. At best, they can endure weeks of stress and paperwork in order to prove they are not the debtor. It is estimated that 20m identity traces are made in the UK every year, many on behalf of companies that are owed money. Personal data is often obtained from credit reference agencies, which record applications for credit, and details are supposed to be verified with several different sources before being used for debt enforcement. In practice, however, this does not always happen. Simpson's details had been passed along a chain of intermediaries before the demand was issued. Octopus had given the unpaid account to a debt collection agent, which had contracted a tracing service, GBG, to find the debtor................ Full Article: https://www.theguardian.com/money/2023/oct/04/a-cry-for-help-energy-providers-play-the-villain-in-dramas-to-chill-the-blood ..............The Financial Ombudsman Service, which investigates complaints about financial firms, states that debt collection agents have to produce convincing evidence to link an individual to a debt, rather than rely on names, addresses and birth dates. According to the trade association, the Institute of Professional Investigators, an unknown number of investigators and trace agents are operating below the radar. Many more are merely inept, as data protection compliance training is not mandatory. "We have been campaigning for many, many years to try to get all private investigators regulated," says secretary general Glyn Evans.
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Estellabianca V Abbey


Estellabianca
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hi:) I just received a letter from the court: Notice that acknoledgement or service has been filed by Abbey:( .Abbey indicated that they will defend all of the claim. I AM GETTING WORRIED:( .Will I ever get my money back?:( Anyway, theu have now 28 days from the day of service to file a defence. What will hapen next? What do I have to do?

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Hi Estelle,

 

Lots of us are at a very similar point in our claim. It's time to sit,wait and read.........about AQ's and Court Bundles

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/55539-charleyfarley-abbey.html

:)

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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One more prob: I'm still waiting for my December statement :evil: I've complained to the data protection comissioner, practically harrassed Abbey with letters and I still haven't got it. About £ 400 of charges were taken in December:mad: . I'm just waiting to it to amend my claim. Will I ever see it?:confused:

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Estelle,

 

I've not had this problem becaus I had my statements, but I know it's general practice to estimate for any missing statements so can't you show this one as an estimate based on the best of your knowledge, and if push does come to shove and you have to stand in front of a judge then you've got a pile of letters a foot high to show how much effort you've gone to to get the true figure, and how intransigent Abbey have been.

 

Only a suggestion, like.

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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Estellabianca, ......... and just remember this is almost certainly going to end up in a telephone haggle with Abbey just prior to the Court date. So that's when you demand the December charges. And if they refuse, just tell 'em you'll see them in Court. They might say they weren't on your N1, but Charleyfarley's right - your correspondence about it puts you on good ground for Court if it ever got there. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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:( hi all. I jusr received my december statement after 3 months and a half and none of the charges appears on it:mad: . It's probably been erased by abbey:-o . The ICO didn't do anything about it.:evil: What can I do?:-? :-? I'm quit sure, 100% positive that at least £400 were taken in december 2005. Please help.
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hi Estellabianca

 

When Abbey sends out the usual monthly statements, the notification of any fees due to come out from your account in the following month is detailed on the front page.

However, when they send out duplicate statements, that bit of the computer programme or whatever they use doesn't kick in as the fees are in the past.

 

BUT the fees that were taken out are still there, you just have to look very carefully through the details of the statements, in the transaction listings. The fees are always taken on about the same date each month, so if you find some other fees and check the date they were taken, and look under that date each month, you should be able to track down every fee that has been taken.

 

They can't erase transaction details, as if they did that there would be more money in your account!

Apple x

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  • 2 weeks later...

Hi all, I just received a letter from Abbey offering full and final settlement offer for £1000 which is half of what they owe me and I also received a copy of their defence. What should I do next? Do I have to write to abbey to refuse the offer? or accept it as a part settlement? What is going to happen next?

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Hi all, I just received a letter from Abbey offering full and final settlement offer for £1000 which is half of what they owe me and I also received a copy of their defence. What should I do next? Do I have to write to abbey to refuse the offer? or accept it as a part settlement? What is going to happen next?

 

 

Hi Estella,

 

It's a standard practice of Abbey's to send out a 50% Offer and defence letter at this stage. Tell them to go forth and muliply ( there is a template for this under "Rejecting GOGW payments" ) and wait for an Allocation Questionnaire from the court. When you have read it and understood it fully then come back to the forum and explain it all to me because I'm about 2 days behind you:)

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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Thanks:) .

I've had a look at the template letters under rejecting GOGW and I'm not sure whether I should use letter 5 or 6:confused:. In my case I have started the court claim. But I have received in the same envelop from Abbey the 50% offer signed Abbey and their defence apparently it's a copy of the defence from a county court (Plymouth):confused: The defence is signed Abbey National plc and I don't have the names of their solicitors or solicitors firm:confused: strangely.

Should I use the template letter 5 or 6?:confused:

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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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Thanks:) .I've received the N149 form. My claim is fro £2000. I'm confused:| . Do I have to attach to the n149 a draft order as well?:confused: Please confirm. And one more question: should I write to Abbey to give them a last chance to pay me in full before I fill in the allocation questionaire like sam did?

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Thanks:) .I've received the N149 form. My claim is fro £2000. I'm confused:| . Do I have to attach to the n149 a draft order as well?:confused: Please confirming you don't have to its your choice the aim of the draft order is that if the judge takes it up, it speeds thing up. however, please read it carefully as the danger for you is that you must supply all the info request within 14days so if you do decide to attach it, start familiarising yourself with the basic court bundle and other info to add to it. And one more question: should I write to Abbey to give them a last chance to pay me in full before I fill in the allocation questionaire like sam did?
you can if you want it just lets them know your intentions however, they'll soon get the drift when they receive your court papers. If they have put the funds in your acc or sent you a cheque, i would reply to them with a rejection (if its in your acc, make sure you don't touch it1)
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have you looked at it, it asks for the legislation you are going to use to argue your case, statement of evidence, any witnesses you are going to rely on ... would you like me to post the link for you?

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Hi, the draft Directions to attach to an AQ are here : http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

The idea is to see if you can get the Judge to put a bit more pressure on the Bank to disclose the rationale behind its charges with the aim of getting them to cave in sooner. The Judge will do what he likes, and if he ignores your draft Directions it won't count against you and won't make any difference in the long run - the Banks will still never disclose. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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:) Hi all! I've got a little problem: I'm at the Allocation questionnaire stage with Abbey. I'm going to send mine off next monday.

I've just received my monthly bank statement and it's written that I'm going to be charged again in April:mad: £35.00 for an unpaid standing order which I cancelled anyway but the following day, after the payment due date:mad: .

What can I do about it? Is Abbey supposed to continue charging a customer even knowing that court action has already started about bank charges?:mad: What can I do to stop them from taking my money again?:mad:

Please help:confused:

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