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Lizzie v Abbey- Need Help


lizzielie
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Hi,

 

Could anyone please give me some advise. I have sent of the DPA request for a closed Abbey account. The account was taken over by a debt company as it was still an overdraft to be paid of. To cut a long story short, due to some financial difficulties, the interest was frozen.

 

However now, the debt company has decided we should pay interest and will give Abbey this advise. They have not asked for any proof that our situation has changed. Is this something Abbey has started to do? And surely as debt was taken over by a third party, Abbey should no longer be involved.

 

Maybe this is little on the side of what the forum is about, but we can surely not afford to pay more each month, and I am sure Abbey is doing this as because of the action taken.

 

Any advice is greatly appreciated of the best way to approach.

 

Lizzie

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The debt may be handled by another firm, but they may no have purchased it. In that scenario, they would need to talk to Abbey.

 

Either way, they cannot force you to do something without a court order. If you have already reached this stage without the intervention of a court, then simply stick to your guns about how much you can afford. If they do put interest back on, then they will have to split your payments when they receive them.

 

There are letters available, on the web (I can search for you if you like) - that will help you ask for them to suspend interest again.

  • Confused 1

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Thanks for super speedy reply.

 

I will first of all try to speak to them, however they have only given us two days to respond...

 

If needs be, I will need to ask for the letter.

 

Thanks again.

 

Lizzie

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If you do need further help after tomorrow, best ask another mod - I will be on my jollies!!

 

Good luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 1 month later...

A quick update of what has happened.

 

Luckily they did not start to apply charges to our outsanding debt:) They did listen to reason. Nice surprise. I suppose because it is not Abbey directly???

 

Two days before the 40 day deadline expired, I recived the standard letter with the microfche argument. Then followed up giving them 7days to respond. This was about three weeks ago:mad: Still no reply:mad:

 

In the midst of it all, our computer broke down:(, so Abbey have extra time to deal with it.

 

 

So tomorrow I will give them a call to see what is happening with the request for my statements. I do not expect anything though. And if have understood my past 2 hours of reading, my next step will be court action for non compliance with the data protection act. Getting little bit more nervous now.

 

Plus, should probably not have done this at the same time as planning a wedding....

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Yes, it's court action for non-compliance - but don't let this worry you.

 

As far as 'costs' are concerned on the claim, keep them low and relevant. Postage, phone calls etc are fine.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 3 weeks later...

Just an update of what has happened so far. I did ring Abbey on the 29th of June. They advised me that the statemnets were on its way with a couple of weeks.

So being the good girl, I have waited. And as they say: good things comes to those who waits, Today a big, fat envelope arrived with all the statements!!

 

So, on this sunny day, I marked of all our charges, a total of £682.00. I never thought I would ever find myself thinking it was fun to read through bank-statements!

 

The letter requesting the refunds charges (with details of charges) has been typed and printed ready to be sent on Monday.

 

So Abbey, if you are reading this, please give me my money back! We need it for our wedding :-D :-D

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Best of luck - on both fronts :-)

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 6 months later...

Hi,

 

A quick question, due to various reasons, I did not pursue Abbey after they refused (no surprise) to refund the charges. This was in the end of July last year. Can I continue now with the LBA letter, or do I need to send the original letter requesting the refund again?

 

Lizzie

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  • 2 months later...

Having read sevreal threads, it seems Abbey is changing tactics from my last read through. My head is spinning from all this. And I am a touch worried I have missed something out...

 

Abbey has filed the acknowledgment and also sent me th standard letter of not having any details of my charges. From what I have read, it seems most peeps have received goodwill gestures. Not me:( Oh well, maybe they are saving this for a later date???

 

As Abbey is asking for a phone number, has anyone actually received a phonecall from them? Or do they just communicate by e-mail?

 

Lizzie

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Hi lizzie,

 

Opinion varies about providing contact details...some people on here just give e-mail addy's and some give phone details as well. It's whatever you feel comfortable with, but it seems to me to be how the final negotiations take place. Obviously with e-mail you've got a record of the discussion.

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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Lizzie, send the version which matches your N1 court claim. The slight increase is obviously accruing daily interest, but that's taken care of in the final settlement figure by the standard words which you put (I hope) in your Particulars of Claim along the lines of "and interest at 8% from the date of claim until the date of victory in court or earlier caving in by the Defendant". Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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  • 1 month later...

I have finally been given a court date!! Bad news; its the 5th September!! After reading about the new tactics of the allocation Questionnaire (I did not have to fill this in), I am now going to send Abbey a letter. However, Hubby and I are moving abroad before the day in court, the question is do I mention this, or should I keep scthum?? Any thoughts?

 

Thanks, Lizzie

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  • 3 months later...

I now think Abbey has forgotten all about me!!!

 

My day in court is on Wednesday...

 

So far no offers, no stay, no nothing:confused: I don't fancy paying £400 for a flight, and then Abbey turning up in court for a stay. It would be about half the claim, and it does not seem to be worth it.

 

Emails and calls (plus previous letters) have come to nothing. It seems everyone else is receiving some kind of goodwill offers. And my head is spinning after some last minute reading of what happens next.

 

Anyway, that was my mini moan of the day.

 

Take care all:)

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  • 11 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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