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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Naylorman v Abbey


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Hi everyone,

 

I've been registered for a while and haven't posted til now, and was hoping someone maybe able to answer a question . . .

 

Basically, my account with the Abbey got into a bit of a mess and has ended up being referred to a debt collection agency. Having read the fantastic info on this site I've decided to claim back my charges £5453.25 - plus interest (obviously if it goes to court) of £813.54. If the charges had not been applied in the first place, technically my account with them would be almost £2k in credit!!

 

I've followed the instructions to the letter, sent the first two letters requesting a refund of the charges, and the Abbey have responded with an offer of £1108.00 , which will be "sent to the debt management office and applied to the outstanding balance remaining on the account since it was closed".

 

The time allotted according to the second request letter is now up and I'm also sending (although not posted yet) the "rejection of offer letter".

 

My question is (hopefully) fairly simple - although I haven't been able to find out an answer to it. . . .I have looked honest!!

 

When I complete the court papers, how much am I actually claiming for - I'm not sure whether I work on the assumption they will pay this £1108 off the balance or whether I pursue them for the full amount ??

 

A quick reply from one of you wonderful people out there and any other advice you may have would be greatly appreciated!!

 

Many thanks

 

Dave

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Hi everyone,

 

I've been registered for a while and haven't posted til now, and was hoping someone maybe able to answer a question . . .

 

Basically, my account with the Abbey got into a bit of a mess and has ended up being referred to a debt collection agency. Having read the fantastic info on this site I've decided to claim back my charges £5453.25 - plus interest (obviously if or rather when it goes to court) of £813.54. If the charges had not been applied in the first place, technically my account with them would be almost £2k in credit!!

 

I've followed the instructions to the letter, sent the first two letters requesting a refund of the charges, and the Abbey have responded with a GOGWoffer of £1108.00 , which will be "sent to the debt management office and applied to the outstanding balance remaining on the account since it was closed".

 

The time allotted according to the second request letter is now up and I'm also sending (although not posted yet) the "rejection of offer letter".

 

My question is -

 

When I complete the court papers, how much am I actually claiming for - I'm not sure whether I work on the assumption they will pay this £1108 off the balance or whether I pursue them for the full amount ??

 

A quick reply from one of you wonderful people out there and any other advice you may have would be greatly appreciated!!

 

Many thanks

 

Dave

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Ok I have moved your posts into a thread of your own,please use it for all your questions.

Welcome to the site.

 

As regards your questions.

You should send off the rejection letter as procedure and carry on with the claim.

You may benefit too by having a look in the baliff and debt forums for advice on the default.

However your claim for repayment rests with Abbey.

I would inform the debt collection agency that the debt is in dispute and as such they must refrain from using any methods of enforcment for collection.

Do you have figures for the debt against the unlawful charges ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Hi Martin,

 

Thanks for relocating me and for your prompt reply

 

the figures are :

penalty charges £5163.50 8% interest £776.88

penalty interest £ 289.75 8% interest £ 37.85

 

I've had to amend the rejection letter slightly as the Abbeys second lot of 14 days were up a few days ago, so now reads "My letter sent previously indicated that you had until 8/1/07 before court action commenced . . . " - will this be OK do you think?I intend to download the court pack and get the claim sent Monday unless there's anything else you feel needs to be done first?

 

Thanks

 

Dave

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