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    • In my experience (not with car payments) but with many other things, my partner has been ill and signed off in the past and we have been unable to meet various commitments.  Naturally if you ring the call centre they are going to fob you off and tell you you must pay, that's why that never ever works. I would obtain a note from her GP listing all her health issues plus medications plus side effects, then write to the finance company with a copy of it, explaining the situation, as you have here, asking for a payment holiday. Perhaps mention that the car is very much needed for hospital appointments etc. It's likely the finance company would rather you pay till term end than, chase you for money they will never see, and sell the car at auction for a loss,  You can search some of my threads going back years, advising people to do this for Council Tax, Tax Credits, HMRC, Even a solicitors company and it always works, because contrary to popular belief people are reasonable.
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alice25 v's Abbey


alice25
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Alice, have a read of the abuse of process thread here http://www.consumeractiongroup.c o.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

 

it might be worth sending them along to the court, with a letter along the lines of. As the court have seen fit to dispense with the AQ may I respectfully ask the Judge to consider the following directions. and print and send it all off, for both claims

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Hi Lula, I have tried to open the thread you sent me but it wont open, can someone send it to me again please.

 

Also I had a letter from Abbey on Saturday stating that 'as you are aware your overdraft is due to expire on 1st July 007 and we are unable to extend it. Please ensure adequate funds are in your account on this date or you will be charged for being overdrawn without permission' I dont know what the hell to do about this!!!! I am 7 months pregnant and my overdraft is £800 I have no way of finding this kind of money, what can I do????? I thought about going into my local branch and speaking to someone but I dont know if it will do me any good!!!! If they would just pay up I could pay it off but I dont think they will be very forthcoming with the money!! I really dont understand why they withdrawing it as I make sure there is enough money going in each month and I do try very hard not to go over my overdraft now!! All I can think is its because i had quite a few debts a little while ago and got behind quite a bit, but they have all been cleared now as I remortgaged.

 

ALL HELP AND ADVICE GRATEFULLY RECEIVED........ getting slightly stressed by it all now!!!!!!!:confused:

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http://www.consumeractiongroup.co.uk/forum/abbey-bank/87766-abbey-abuse-orders-keeping.html

 

 

that should work, as for the withdrawal of the o/d it is just a retaliatory measure, I would advise a new current account until your claim is finished and then if you want to reuse the Abbey one you can

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Court Date received yesterday for single claim!!!! I received a notice of Allocation to the Small Claims Track (Hearing). date is 3rd July at 2pm in my local court!! They have also sent a letter stating that I need to pay £100 or claim exemption (which i will be claiming as no way can afford to pay more court costs!) Also can I still send the abuse orders letter?? Hopefully when I get to court if Abbey dont turn up the Judge will take pity on me and go in my favour as i will be due the following week so no doubt will look like an elephant!!!!

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Court letter states that I must :-

 

deliver to every other party and to the court office copies of all documents (including experts' report) on which he intends to rely at the hearing no later than 14 days before the hearing.

 

Signed statements setting out the evidence of all witness on whom each party intends to rely shal be prepared an included in the documents mentioned. This includes the evidence of the parties themselves and of any other witness, whether or not he/she is going to come to court to give evidence.

 

Doe this mean I need to use the court bundle guide?? Do Ijust print it all off and add my statements and schedule of charges and any letters to it? I know you all might think me a little thick but i have an excuse Im pregnant and it does make you a bit scatti!!!!!! even though i was a little before!! all advice is appreciated!! Lets all stick together and wipe the smug smile off Abbey's face!!!!!!!!!!!!!!!!!8)

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  • 2 weeks later...

Can I have some advise please on my court bundle? I need to put this together this week and I have printed off the court bundle, is everything in it that I need apart from my own info? Also do I just put in the correspondence that I have written to them? Do I send the whole bundle to the court? and do I need to send one to Abbey? I will take 3 copies with me when go to court on 3rd July. Really cant afford to get this wrong !! sorry if I am being a bit simple!

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I am today putting my court bundle together for the single claim, do I just put in letters that I have sent to Abbey or do I include letters from them as well?

 

I am a bit concerned about my joint claim though!! I sent the Abbey Abuse order thing off to our local court as hadnt received anything from them since I got copy of Abbey's defence and I still havent heard anything!! I sent it on the 16th May. I really want to know what happening with it, should I call the court or just wait??:?

 

Single account

£1674.00 charges

£96.60 interest

£120 court cost

£1890.60 total

date started 23.03.07

have had acknowledgement

defence received from abbey 26.04.07

Court Date: 3rd July 2007 2pm

 

Joint account

£1680.00 charges

£518.12 interest

£120 court cost

£2319.00 total

date started 28.03.07

have had acknowledgment

Defence received from abbey 30.04.07

Abbey Abuse Order thing sent to court 16th May heard nothing since

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Just printing off my court bundle! Does anyone think it would be ok to include the schedule of cases won which I have printed out from the site?? Was just thinking it would be a bit more info to include.

 

please see my thread alice25 v abbey for details of my claim's

 

all advice appreciated!!

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:D YIPPEE!!!!! I submitted my court bundle on Wednesday and yesterday received the following letter from Abbey -

 

We note this matter is listed for application hearing on 3rd July 2007.

We have now conducted a complete reconciliation of your account and without admission etc etc etc, in this instance, to settle your claim in full. Payment will be in the sum of £2017.12. Payment is in full and final settlement of your claim 7QZ39684. Payment calculated as follows:

1. £1674 charges and interest as claimed

2. £96.60 interest as claimed

3. £26.52 interest at the rate of 8% pa from 26th MArch 2007 to date, and

4. £220 court fees incurred on filing the claim form

 

Abbey is raising a cheque for the sum of £2017.12 and that will be paid into your account (if open) or posted to you. We inform court etc that we settling, once you have received payment please inform the court that you withdraw your claim and provide us with copy of your letter.

 

I cant believe it they are finally going to pay up!!!!!!!!!! Any ideas on what I should write in response to this letter?? Other than yes please of course!!!!!!! I was also thinking of requesting wasted cost order but not sure how to go about that, letter wording gratefully appreciated please!!

 

fingers crossed they will settle my other claim as well!! see my thread alice25 v abbey for all info relating to my cases.:rolleyes:

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CONGRATULATIONS!!

 

 

Even more so because my court date is 9th July,and bundle sent off two weeks ago!!:D

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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Hi Alice

 

WOOOO HOOO......CONGRATULATIONS:D

I too received similar settlement letter from Abbey a couple of weeks ago and then a cheque. Since then I have also been successful in securing wasted costs from them as well :D

If you let me PM your email add I will email you a copy of the letter I sent them, I managed to agree these without having to submit a formal wasted costs order although I made them aware I would do so if needs be:D

 

Brownie24

 

P.S do not inform the court the claim is settled until you have discussed wasted costs with them

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cheers Brownie!!!! I just cant believe it!!!!!! My second claim against them is nearly £3k so fingers crossed with that one as well!!!!! PM me by all means, cheers x

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GOOD LUCK TO YOU ALL TOO!!! FINGERS CROSSED YOU WILL GET YOUR OFFER SOON!!

I AM SO HAPPY!! MY BABY IS DUE IN 7 WEEKS SO THE MONEY WILL BE COMING JUST AT THE RIGHT TIME!!!!

:-D:-D:-D:-D:-D

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Brownie, cheers for your letter!! How did you work out schedule of costs? is there a form on the site somewhere?? also how did you word your letter accepting the offer, I dont want to get anything wrong!!

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Hi alice

 

Looks like we have more than the Abbey claim in common........I too am 33 weeks preggers, my little boy is due 31st July!:D

I never sent any acceptance letter to the Abbey never had time....received my cheque about two days after receiving the letter that you have received. If you send them a copy of the letter I sent requesting costs just change the wording of the first para slightly to read :

 

I can confirm that, subject to costs, I am willing to accept your offer in full and final settlement ofthis claim, and will contact the court to discontinue proceedings upon receipt of these costs.

I will PM you a breakdown of my costs to give you a rough idea.

Good luck with this.......and the bubs:)

Browni24

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Browni

 

Thats Fab!!!!!!!!! my little girl is due on the 25th!!!!! Congratulations x x x x x Cheers for all your help with letters and schedule of costs. You are an absolute STAR!!!!!!!!!:)

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Congratulations, thaqts a brilliant result... well done.

 

Abbey seem to be on a pay out week this week :)

[FONT=Tahoma][SIZE=4][COLOR=blue]Reka [/COLOR][/SIZE][/FONT] [FONT=Tahoma][SIZE=4][COLOR=blue][URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/93120-reka-abbey-court.html[/URL][/COLOR][/SIZE][/FONT] [URL]http://www.consumeractiongroup.co.uk/forum/abbey-bank/101308-t-cs-nov-1998-a.html[/URL] [FONT=Tahoma][SIZE=4]Abbey *WON IN COURT* £2775[/SIZE][SIZE=1](awaiting payment) [/SIZE][/FONT] [B][FONT=Tahoma]Warrant of Execution filed 22/06/07[/FONT][/B] [B][FONT=Tahoma]***Warrant Issued 22nd June 2007***[/FONT][/B] [B][FONT=Tahoma][COLOR=red]PAID IN FULL [/COLOR][/FONT][/B] [URL]http://www.youtube.com/watch?v=XcAaoRr8H5c[/URL]

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