SueC V Abbey

[Mad Nick]

GuidoT,

MN you do not have an entitlement to SI on sums that are refunded prior to the filing of the claim form.

Sorry, but I disagree. The claim remains for 100% of the charges plus (at the N1 stage which Sue is just about the submit) the associated Statutory Interest. Like they do with everyone, they have just tried to buy her off with a GOGW which she should simply deduct from her total claim. If they had said, right, we'll refund the charges between dates X&Y then I'd be tempted to agree with you, but they don't. More fool them. Regards, Mad Nick

[GuidoT]

MN have a look in the first paragraph here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-6-interest-calculation-spreadsheets.html

 

Not sure how it can be for 100% of the charges when £1,290 has been refunded.

[bitingback]

Morning peeps,

 

The debate is fascinating, but I'm not sure it is providing clear direction and advise for Sue to move her claim forward.

 

Just thought it should be said so we can keep things on track.

 

Regards

 

BB

[Mad Nick]

Bitingback, you are quite right and Sue, I'm very sorry for starting an argument on your thread. I've taken the debate into "General" because I would think there's a standard CAG line to take about what seems to me to be quite a basic issue. Regards, Mad Nick

[suecrill]

Hi everyone

Letter from DMRS today, they rang me two days ago asking for repayment of the overdraft. I reiterated that the account was in dispute and they asked why. I told them I was disputing charges and they said oh you are taking it further then, so they obviously knew that I was reclaiming. The letter today says that they are returning the account to abbey and this will result in further action being taken.

They then add in the next paragraph that they are now able to offer a discount to the balance if I am prepared to make a single partial payment!!!!!! I havent heard of this on this website before has anyone else had this offer?

 

Any comments, advice gratefully taken. Should I ring them and ask what the discount is? Ignore them? If I can afford to pay what they ask - do I pay it an then carry on with my claim??

 

Helpppppppppppppppppppppp

 

Thanks everyone

 

PS If anyone on here is going to Truckfest or wants discounted tickets, please PM me.

[pmahonc]

I had a letter from DRMS as well and i rang them up and told them it was in dispute and that under section 13.6 the abbey were breaking the banking code and as such should not have handed the account over to them until after the dispute was settled, all they said was fine we'll get back in touch if we need anything more, that was the last i heard from them. If they are handing the account back to abbey how can they then offer you a discount?. As far as i can see you have three options

1. Ring them back and state as i did about the banking code and that abbey shouldn't have handed it over to them until the dispute was settled and see what they say. If you don't get anywhere then:-

2. you can make an offer to make repayments.

3. Ignore it.

 

if 2. Make sure you make an offer to pay monthly,and one that you can afford to stick to, this will slowly reduce the balance and leaving you less to pay out of your claim when it's successful.

 

if 3. Ignore it. this is a bit more dangerous, personally i'd go with the first option

 

HTH pmahonc

[bitingback]

Hi Sue,

 

You are having an interesting (such a versitile word that) time at the moment. I haven't had any personal experience of DMRS but the suggestions from pmahonc make sence. I would be curios to know how they can offer discounts on an account "in dispute".

 

I await the next installment.

 

Cheers

 

BB

[suecrill]

Hi all

Just completed N1, however once again confused. I have printed 3 copies of N1 and interest calcs

can anyone please advise me - copies to who and how many

regards

sue

[Michael Browne]

Take or post 3 copies of each to your local court. They will serve 1 on the bank, keep 1 for the court and send the other back to you.

[suecrill]

ok thanks for your help

sue

[suecrill]

Hi sorry to be a pain but just dotting the eyes etc. the account is in joint names - I assume that on the N1 the claimant is me and OH

thanks

[bitingback]

Hi Sue,

 

I presume you both have access and cheque writing rights to the account individually, so the claim can be in your name. Not sure if you need to specify if it is a joint account but shouldn't think so.

 

I am sure one of the wiser hrads here will confirm or deny.

 

Cheers

 

BB

[charleyfarley]

Hi Sue,

 

I presume you both have access and cheque writing rights to the account individually, so the claim can be in your name. Not sure if you need to specify if it is a joint account but shouldn't think so.

 

I am sure one of the wiser hrads here will confirm or deny.

 

Cheers

 

BB

 

 

Hope not or else I've made a pig's ear of mine.

[suecrill]

I must admit that I only just thought of it as I was about to stuff the envelope - have reprinted in joint names with both of us signing - i hope thats ok coz am running out of print cartridge (must have printed at least 20 copies all incorrectly - lol)

All the letters were sent and signed by both of us and all replies were to us both

anyway i think i will let it go with both of us as claimants

regards

Sue

[suecrill]

BB

got another letter from DMRS this morning FINAL NOTICE !!!! I have just rung them and they say account already sent back to Abbey - I questioned the fact that Abbey had sent it to them and they agreed Abbey shouldnt have referred it whilst in dispute. They also advised that if i was to pay off the balance they would be looking for approx 80% The lady at DMRS and I had a little light banter and then she advised I contacted Abbey complaints and complain that it had been sent to DMRS

Oh well - we lead such "interesting" lives - lol

sue

[bitingback]

Another one Sue,

 

I thought you had told them it was disputed and that they were returning it to Shabbey.

 

I hope you had an "open and frank exchange of views" with the complaints dept. Like you need this on top of your normal working day.

 

Glad to see you smiling about it though .

 

Looks like you are fine on the court papers as well, so I await the next installment.

 

Regards

 

BB

[suecrill]

bb

you should read my post on the insurance forum - is sorted now but was very "interesting" However I won with the wonderful help on here particularly from reidnet, mooreda, nightmareforbanks to name but a few

hope your day was good

sue

[suecrill]

Hi all

Just an update - finally posted court papers, special delivery !!!!!!

Sue

[suecrill]

Thanks Karnevil

I must admit it felt good when the court papers arrived saturday morning. Have you heard of any other claims in the Peterborough Court and what the judges are like there?

Oh by the way I gave you the wrong thread title for the litigation section - sorry

Abbey deemed served today, defence to be in by 14th April. I imagine I will have a long wait.

I have also sent my prelim letter to Alliance & Leicester (faxed on Friday) sent special delivery today.

Regards

Sue

[suecrill]

Hi all - just a quick note- received leter yesterday - Abbey defending

They have also put my overdraft in default since filing court action. It was on 4 and suddenly gone to status 8 on experian this week!!

 

Regards

Sue

[suecrill]

Morning everyone

Had another lovely phone call from DMRS yesterday afternoon. A very pleasant young lady asked me to pay the outstanding balance in full by visa, delta, maestro or switch! I apologised profusely and declined her kind offer. Well, she said, I could accept the full balance in two payments mrs c . Oh bless your heart, I said, how kind of you but no thank you.

I asked her if she realised that the debt is in dispute and that it wasnt really a good idea for her to chase it and i then suggested that she return it to abbey.

She said I should write and advise DMRS that the debt is in dispute to which I declined politely and advised her of the court action and gave her the case number. I advised her that I would be contacting abbey complaints once again.

Poor girl, couldnt keep the laughter out of voice.

 

Anyway, my reason for posting, any advice on who i should contact and what little gem of narrative should I treat them to

Regards and thanks

Sue

[Lula]

Hi Sue, you need to write to Abbey copying in DMRS and give them a short requaintance of the Banking Code. I cant look it up at the moment, but if you do a site search you will find some letters and threads about it, if not, when I get back, i will look them up for you .

 

In your POC did you mention the removal of any defaults? In any case they are not allowed to default you or trash your credit rating whilst the account is in dispute.

 

More later

 

 

Lula

[suecrill]

hi Lulu

Thanks ever so much for your reply. I am afraid I didnt mention the default removal in my POC - I did in my prelim and LBA - but regretfully I decided not to complicate the claim by putting it on the N1 - wish I had really -

Thanks for your help will have a search around see what I can find ref the banking code etc.

 

regards

sue

[suecrill]

thanks lulu - found what I need

 

regards

sue

[bitingback]

Hi Sue,

 

Just had a read seems you are wellserved with Lulu's advice, re the dafoults, it may be possible to amment the POC but not sure if it would be the best course of action.

 

There is a form to ammend the claim, in the templated folder, Form N244 Application Notice. It costs £35.00 no reclaimable, abut it should allow you to chande the POC.

 

Have a read and let me know your thoughts.

 

Regards

 

BB