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    • 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.
    • Hi London  he doesn’t have government gateway. Should we do it via post?
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ICY -v- Abbey


ICY
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Lula and Icy i think its become a lucky dip at abbey these days. the quicker that they get it in their heads that we are not going away and they stop playing the delay games the better it will be for both sides.

but i do feel sorry for that mrs kirkman, she must be hating her job at present.

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course you can

 

the abuse of process is basically that the banks are using the court system to try to delay and even put people off claiming so they get to keep our money

And them submitting defence ect when they have no intention of actually defending

:madgrin:

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I am writing this email as a final offer of settlement before the case appears before the court, I am making this offer in an effort to reduce the costs to yourself before I prepare the bundle, which as you will be aware will also incur you additional costs. I am aware of the large amount of claims which you are currently dealing with and to assist your workload, I believe it would help all concerned to settle this matter out of court.

It is well documented that you have no intention of ever going to full hearing, shown by the fact that you have settled an extremely large number of claims at the last minute before going to court, and it would be beneficial to all parties, including the court system that this matter is dealt with out of court.

You will be aware that the courts are now starting to dismiss with the allocation questionnaire, I have received notification of the AQ being dismissed in this case. My claim amount as of today stands at £4663.79 including court fees and interest, I am prepared to settle this matter for the sum of £4300 fourthousand three hundred pounds. I am sure you are well aware this figure is rising on a daily basis, and will increase with the cost of completing the bundle, including photocopying costs, ink costs, the cost of time to prepare the bundle, further court costs and transport and postage costs. As you can see settling this matter now, would be mutually beneficial. For any avoidance of doubt refusal to settle will not stop the legal action against you, I shall be following the legal process to the end.

This settlement offer is valid for a period of 7 days, after this period has expired, the matter will continue to be dealt with by the court system.

I am hoping we can come to an amicable agreement on this matter.

I look forward to receiving your prompt response.

 

SENT THIS TODAY! GOT FOLLOWING RESPONSE:

 

Without prejudice"

Thank you for your email.

 

I am happy to look at your claim, but to do so ahead of its proper place must be of a significant commercial advantage to Abbey. This is the only way that we can be fair to all of our customers. Unfortunately, your offer is not sufficiently commercial. Should you wish to reconsider your position I am more than happy to have discussions with you.

 

Kind regards,

 

Inga

 

WHAT THE HELL DOES IT MEAN? WHAT DO I DO NOW?

 

 

:-|

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She's playing hardball with you ICY.

 

Stupidity is the best name and description I can use for it.

 

Carry on then........ get the order that asks for Court Bundles to be submitted prepare yours - stick the FULL amount in - then send it in.

 

Then approach her again again stating that you will be applying for costs following your unreasonable behaviour.

 

Did you send your offer as "Without Prejudice"?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I wonder if you could stick another email up in reply to hers stating that you think it would have made commercial and common sense not to incurr further costs, interest and possibly a judgement against yourselves. As I can see that you are not commercially minded, I will be minded to disclose all our attempts to achieve an amicable settlement of my claim to the Courts and apply for a "Wasted Costs Order" :grin: :lol:

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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What a cheeky moo.She obviously wants you to lower the amount you'll accept. Stick with it ICY and as previously said you'll hit her with the wasted costs and the AQ cost etc etc..

Glad

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Just got the following email from inga

 

"Without prejudice"

 

Dear Sir,

 

With respect, at best I have calculated your claim at £1842.00. I therefore

can't see how a proposed settlement of £2000.00 is justified. I am prepared to

increase Abbey's offer to £1783.93. However if this is unacceptable, I am unable

to assist any further.

 

Would you please let me know how you would like to proceed.

 

Kind regards,

 

Inga Kirkman

 

I dont know what to do, i almost sent her an email accepting, but stopped myself, wish i knew how long it would take to get to court, that would deff help me decide, been a long time since anyone has said to me heres nearly 1800 quid, i was quite tempted, ideas please, help me out here guys and gals, i think i need voices of reason lol

 

come on angels whats your views

:madgrin:

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do you think its the same inga kirkman.....

 

Garland Hawthorn Brahe - Personnel Sydney | Inga Kirkman

 

its amazing what you can find on google ;)

[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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how much would you have got if it went through small claims?

[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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ooo wait till gary sees this, he will be in bits lol how common can a name like inga kirkman be?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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