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    • should have come here first really. What you requested was a load of irrelevant twaddle. What was the original debt? Have you moved since taking it out? If TM Legal are chasing, that should means that Perch own it now? Did you get the letter of claim by email or post? You should kill the emails immediately.   
    • sorry I have been confused by Statute Barred meaning. I thought with Statute Barred the debt cannot be chased 6 years after you have stopped paying.  Originally I set up a payment arrangement with all the companies around 2008 when things went horribly wrong. At that time the payment arrangement was with the original creditors.  I still have one of the original creditors who I pay each month (Cap1). I thought that if you make a payment arrangement you have to stick to that situation throughout. Also, MDR (Moorcroft) have been taking a monthly payment on behalf of M & S Bank for about 5 years. When I sent MDR a CCA request I got a copy of the original agreement sent to me directly by M & S Bank about 5 weeks after my CCA request. Sorry for my ignorance but would you suggest I stop paying all including Cap1 who are the original creditor? TIA
    • London1971 without divulging too much into his mental health he has issues regarding anything to do with government and so is it ok to fill the forms provided and what do I put on there  thanks  
    • Dear all, I am hoping for some advice/guidance on this matter. I received a LoC dated 12/04/24 and replied to this on the 2/05/24 disputing claim with the following reasons: 1: [Inadequate Affordability Assessment]: I contend that your institution failed to conduct a thorough assessment of my financial circumstances prior to approving the loan. As a result, the loan amount and repayment terms were not suitable for my income and financial situation. 2: [Unsustainable Repayments]: The repayment schedule imposed by the loan agreement placed an undue burden on my finances, making it impossible for me to meet my other financial obligations without experiencing significant hardship. 3: [Lack of Transparency]: Your institution did not adequately disclose the risks associated with the loan, including any potential increases in interest rates or fees over the loan term. I also added the following: Under the Consumer Credit Act 1974 and the Financial Conduct Authority (FCA) regulations, lenders have a legal obligation to conduct thorough affordability assessments and ensure that loan agreements are suitable for borrowers' circumstances. I hereby request that your institution: 1: Conduct a full investigation into my claim of irresponsible lending. 2: Provide me with copies of all documentation related to the loan application and approval process, including affordability assessments, credit checks, and correspondence. 3: Cease all collection activities related to the loan until this matter is resolved. Yesterday i received the attached reply via email and it included: 1: The Original Loan agreement 2: An account statement 3: A copy of a default notice letter. The email included a link for a direct debit set up page where you enter their reference and your bank account details (looks like a standard D/D set up page) but there is nothing to indicate the amount of the D/D that I might be agreeing to. I also think two days response time is not long enough to appropriately reply. Any thoughts appreciated   Email-compressed.pdf
    • Easy to set one up on Gov.uk , search on Google.
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    • We have finally managed to obtain the transcript of this case.

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charleyfarley v abbey ***WON***


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I'm a Sales Rep for goodness sake........always let the other people think they've got one over on you!!!!:D :D

 

Of course!

 

I bet you hang your jacket on the little hook in the back of the car as well!

 

Seriously though! Well done ~ it's been an entertaining journey!

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Hi Charley

I can see that u are getting a bit impatient:o . What's the rush, or should I ask why rush? Shabby will cough up the charges faster than how they took them. No telephone conversations now(being naughty). Resort to letters/emails.Still have 3 weeks to go.;)

 

/quote]

 

Hi Charley! Just wanted to say I am sorry for the above quote I placed on your thread regarding being impatient. I was over the top in both ways (drunk/language) Even though you have been successful, just want say this, I am very pleased for you and spend it wisely;) as u worked hard enough.

 

Andy

ANDY VS ABBEY 23rd April 2007 -

 

'Don't get mad, get even'

'Patience is a virture'

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Hello Charley,

 

Fantastic news that you have beaten Abbey. I have been following your thread and 'The Charley's Angels' ladies. I have a couple of questions because you have experienced the Court fiasco. Firstly, can you tell me if there is a significance of having a copy of terms and conds. I say this as I worked in the banking industry for 20 yrs and it is only a copy of the original,which should be kept at all times by the bank. If they do not have a copy they have a problem because it is their duty to have a signed agreement with the customer. When you attended a bulk hearing do you all go in together or how does it work? Why are the Courts allowing this utter waste of time if the Banks resind at the last minute?

I thought I had a major result. I sent the original claim via Money online. On the 14th day I entered judgement. It was accepted on line. thought as I had caught them over a Bank holiday they must have had annual leave affecting their response. Oh no, not a chance, the next day I recd a letter from the Court stating there was a bar on the judgement. After enquiring it turns out their is a response in the bulk system which is probably their defence. It is not on the system yet and the clerk apologised for lack of more info.

I look forward to your input.

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Hi Determind

 

This latest business with T&C's has come about quite recently since the Birmingham Judge's decision in the Lloyds case, so I have to admit it's passed me by a little bit. I think the key point is that different Banks defend on different points......which is why the Lloyds defence doesn't affect the Abbey claims.

 

As to the bulk hearing, I presume you are referring to the Mercantile hearings. Robdblynd is the in-house expert on this,but I get the impression that the courts are trying to force the Banks to face a Court, and see this as the best method of a) clearing the backlog of cases and b)getting one of the Banks inside a Court.

 

As to your final point.............the thing that annoys me more than anything about the whole court process is that surely the Judges and courts realise it's indivduals against massive businesses, but they still seem to weight their actions ,procedures, and decisions in favour of the Big guys, when it should be the other way round. If we were to miss a deadline we would be more than likely struck out. If the Banks miss a deadline, they are given a reprieve and more time to delay and prevaricate:mad:

 

 

 

Ps...........are you Determined Data, or Determined Dater?

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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CONGRATULATIONS CHARLEYFARLEY!!! :D :D :D

 

I'm a day late I know but have a had a busy last two days, so have missed my installment of your thread. :(

 

Well done! I'm way behind you at the moment (still at prelim stage) but will picking all your brains when I get a bit further along.

 

Once again congrats and hope you'll stick around the Abbey forum.

 

deedee x

My threads

deedee1310 v Abbey, deedee1310 v Capital One, deedee1310 v Halifax Plc, CapQuest CCJ, deedee1310 v Littlewoods & deedee1310 v Smile

If I have been of help in even the smallest way, please click the star and "add to my reputation" :p

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letter of confirmation received yesterday, cheque paid into my account today............

 

 

spend it next Wednesday

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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oh......that means I'm the only one who hasn't got mine! :(

 

 

Well C.

 

Was the bet for cleared funds?;):)

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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I thought you were a three-legged horse,hun?

 

Not much use in a b**t kicking contest;)

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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Congratulations, C.F.

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Once again, Well done, You.:D

 

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Hi Determind

 

This latest business with T&C's has come about quite recently since the Birmingham Judge's decision in the Lloyds case, so I have to admit it's passed me by a little bit. I think the key point is that different Banks defend on different points......which is why the Lloyds defence doesn't affect the Abbey claims.

 

As to the bulk hearing, I presume you are referring to the Mercantile hearings. Robdblynd is the in-house expert on this,but I get the impression that the courts are trying to force the Banks to face a Court, and see this as the best method of a) clearing the backlog of cases and b)getting one of the Banks inside a Court.

 

As to your final point.............the thing that annoys me more than anything about the whole court process is that surely the Judges and courts realise it's indivduals against massive businesses, but they still seem to weight their actions ,procedures, and decisions in favour of the Big guys, when it should be the other way round. If we were to miss a deadline we would be more than likely struck out. If the Banks miss a deadline, they are given a reprieve and more time to delay and prevaricate:mad:

 

 

 

Ps...........are you Determined Data, or Determined Dater?

 

 

Hi Charley Farley,

 

Thank you for the information which will help me on my mission. I have had a 65% offer of amount claimed. I have put a question to them and ask they review their offer. The court process is still running along side this as they are defending and then an allocation form will be sent. Totally agree with courts giving extra time to these corporations. Abbey was late at the very beginning but the court gave them extra time. I will remember that if I need it!!

My user name came from from something much more simplistic which is determind and the end of the word exterminator! (it reminded me of the darleks) I like your views on it though

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  • 4 weeks later...

hi charley, sorry to bug you but is there a link to the spreadsheet of costs incurred? I've been looking and looking and can't find it.

 

(Abbey are trying to settle with me now, just 10 days to go until my court date, they have replied to any court correspondance to me and also I've not received a court bundle ... strongly suspect they haven't submitted one to the court! (have they ever?) - will ring to double check. At this late stage they contact me to settle! I want to punish them for making me wait so I want to get back my wasted costs!)

 

thank you

Apple x

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Well, Abbey haven't forgotten about me after all...........defence received today. Usual stuff about "fees reflect and are proportionate to administrative expenses, Claimant remains liable to pay such fees as may be found to be proportionate"

 

I don't think so, so stand up in Court and prove it:)

 

 

PS No GOGW of 50% . Maybe I've been bad and don't deserve it.

charley any chance you could post your defense for us other poor soals claiming with abbey

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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